1. General Provisions and Acceptance of Terms

1.1 Parties

• These Terms of Service are entered into and legally binding between “SUNDAE VPS” (the “Service Provider”) and any natural person or legal entity that applies for and activates the Services (the “Customer”).

1.2 Full Acceptance of Terms

• By registering an account, paying the service fee, or beginning to use the SUNDAE VPS system, the Customer expressly acknowledges that the Customer has read, understood, and agreed to all terms, conditions, refund policies, and usage policies (the “TOS”) in full and without reservation.

1.3 Legal Capacity

• The Customer represents and warrants that the Customer has reached the age of majority and has full legal capacity to enter into a contract, or, if the Customer is a minor, has obtained the consent of a lawful parent or guardian.

1.4 Amendments

• The Service Provider reserves the right to amend, revise, or supplement these Terms of Service at any time to reflect business needs or legal requirements. The Service Provider may provide notice through the website, by email, or by announcement in the system. Continued use of the Services after any change shall constitute acceptance of the revised Terms.

1.5 Discretionary Right to Approve, Suspend, or Terminate Services

• The Service Provider has sole discretion to approve or reject any request to activate the Services, without obligation to provide reasons. The Service Provider further reserves the right to suspend or terminate the Services, and to delete data from the system immediately, without prior notice and without any refund in any case, if the Customer is found to have violated any provision of these Terms.

2. User Accounts and Security

2.1 Accuracy of Information and Identity Verification

• The Customer must provide registration information, such as full name, email address, and telephone number, that is true, accurate, and current at all times. Temporary email addresses and false information are prohibited.
• To prevent fraud and money laundering, the Service Provider reserves the right to request identity verification documents, such as a copy of a national identity card or company registration documents, when suspicious transactions are detected. If the Customer refuses to provide the requested information or if false information is identified, the Service Provider may suspend and terminate the Services, delete data, and forfeit all remaining credits immediately without prior notice.

2.2 Responsibility for Account Activity

• The Customer agrees and acknowledges that the Customer is solely responsible for all activity, all usage, and all content occurring under the Customer’s account and Instance, including the security of access to the Control Panel and the operating system within the Instance.
• If the Customer’s data is exposed or the Customer uses a weak password, and the account or Instance is accessed without authorization, the password is stolen, or the Services are used in violation of these Terms as a result of the Customer’s own negligence, including but not limited to weak password practices, malware on a personal device, sharing passwords with others, or weak Instance security settings, the Customer shall bear full responsibility for all resulting losses. The Service Provider may suspend the Services immediately, and the Customer may not rely on any claim that the account was hacked or that the Customer was not the person responsible in order to request a refund or reinstatement.
• The Service Provider shall be liable for damages only if it is conclusively proven that the unauthorized access or data leak resulted from a severe security failure of the Service Provider’s own systems or from the intentional acts of the Service Provider’s employees. In that event, the Service Provider’s maximum liability shall be limited to the amount of fees actually paid by the Customer for the billing cycle in which the incident occurred, and shall not include any consequential or business interruption damages.

2.3 Password Security

• The Customer is responsible for keeping passwords, private keys, and all access credentials strictly confidential and should use strong passwords and change them regularly.
• The Service Provider does not request the Customer’s password and shall not be responsible for any data loss or business damage arising from password compromise or access by third parties.

2.4 Communications and Notices

• The Customer must provide a valid, current, and reachable email address and mobile phone number for use as the primary channels for communication, identity verification, and service notices.
• If the Service Provider sends an important notice, including notices regarding low account balance, service suspension, terms violations, or copyright concerns, to the registered email address or by SMS to the registered mobile phone number, such notice shall be deemed properly and legally received by the Customer.
• If the Customer does not receive a notice due to a cause on the Customer’s side, including but not limited to a full inbox, email delivered to spam, an incorrect email address, blocked messages, a changed phone number that was not updated in the system, or inability to reach the registered number, the Service Provider shall bear no responsibility for any resulting loss or impact.

2.5 No Transfer of Account Rights

• The account and any remaining credit are personal to the registrant. The Customer may not buy, sell, transfer, assign, or otherwise convey account rights to any third party.

3. Acceptable Use Policy

The Customer agrees to use the Cloud/VPS Services only for lawful purposes. The Service Provider acts solely as an infrastructure provider and reserves the unconditional right to suspend or terminate the Services immediately, without prior notice and without refund in any case, if the Customer engages in any of the following conduct.

3.1 Responsibility for Content

• All data, content, scripts, and applications contained within the Instance are solely the responsibility of the Customer. The Service Provider has no knowledge of, and no duty to monitor, the content stored within the Instance, as this is an unmanaged service.
• If the Customer’s content violates applicable law, the Customer shall be solely responsible for all civil and criminal liability. The Service Provider will cooperate with governmental authorities and disclose logs or data promptly upon receipt of a lawful subpoena, court order, or other valid legal process, without requiring the Customer’s consent.

3.2 Severe National Security Restrictions

• The Services may not be used to store, publish, reference, or otherwise engage in conduct that insults, references, disparages, or causes harm to the monarchy, the nation, religion, or any act contrary to public order and good morals.

3.3 Illegal Activity, Gambling, Copyright Infringement, and Obscene Material

The Services may not be used to host, store, process, or transmit any of the following content under any circumstances:

• Online gambling: casino websites, slot games, sports betting, underground lotteries, or any gambling-related application or script, regardless of whether such activity may be lawful in other jurisdictions.
• Fraud and deception: websites impersonating banks, organizations, or individuals to obtain personal information, pyramid schemes, and any other form of fraud.
• Copyright and intellectual property infringement: unauthorized storage or distribution of any infringing works, including but not limited to:
  • Entertainment media: pirated movie or streaming websites, music, audio files, video clips, and images.
  • Software and data: pirated software, source code, 2D or 3D models, printed materials, e-books, databases, or unauthorized AI datasets.
  • File-sharing systems: BitTorrent tracker or client services, or file-hosting websites operated with infringing intent.
  • File concealment: unlawful files disguised through changes in format or appearance, or encrypted to evade detection.
• Pornographic and obscene material: all forms of pornographic or obscene media, including still images, video, GIFs, animations, and audio, as well as child pornography, sexual exploitation material, human trafficking content, or any content violating human rights and public morals.

3.4 System Attacks, Cybercrime, and Network Impact

The Service Provider maintains a zero-tolerance policy toward conduct that damages or threatens the infrastructure and Internet network. The Customer must not use any Instance as a base for attacks, interference, or any conduct amounting to cybercrime, including the following:

• Network attacks, including DoS/DDoS attacks, artificial traffic generation, or IP address or MAC address spoofing.
• Hacking and scanning, including unauthorized access attempts, password guessing, interception of data, vulnerability scanning, or port scanning, whether conducted with malicious intent or claimed to be for education or security testing, unless the Customer has written authorization and a lawful basis from the target.
• Storing, distributing, or running malicious software, including malware, trojans, viruses, ransomware, phishing scripts, botnet components, command-and-control servers, or traffic relays used for cyberattacks.
• If the Customer’s Instance becomes the target of an attack and that attack affects overall network stability or shared bandwidth, the Service Provider reserves the right to suspend connectivity or suspend the Instance temporarily or permanently to protect other customers.

Penalties and Liability Exclusions

1. If the system detects conduct that falls within the above restrictions, the Service Provider may shut down the machine temporarily without prior notice.
2. The Customer is responsible for 100 percent of all traffic originating from the Customer’s Instance, even if the Customer claims the Instance was hacked or infected without the Customer’s knowledge. Such a claim does not excuse liability, entitle the Customer to data recovery, or justify a refund.
3. If such conduct causes damage to the Service Provider’s IP address or infrastructure, such as blacklisting in foreign jurisdictions or fines imposed by upstream providers, the Customer shall be liable for the actual damages incurred.

3.5 Anti-Spam Policy

• The Customer may not send spam email, mail bombs, or unsolicited bulk email, whether or not the Customer intended to do so.
• If the Customer’s conduct causes the Service Provider’s IP address to be blacklisted, including by Spamhaus or similar RBLs, or blocked by other network operators, the Customer shall be responsible for all actual damages, fines, and IP delisting charges.

3.6 Hardware Damage and Misuse of Resources

• The Customer may not run cryptocurrency mining software, including Bitcoin or Chia mining, or any script designed to consume CPU, RAM, or disk I/O resources so heavily that the useful life of the hardware, including SSDs or NVMe devices, is materially reduced. If detected, the Services will be suspended immediately.
• The Service Provider reserves the right to terminate the Services and pursue the maximum remedies available under law against any person attempting to compromise security systems or access server data or other customers’ data without authorization.

4. Resource Usage Policy

The Customer acknowledges and agrees that VPS services are virtualized server services operating on infrastructure that is shared with other customers on the same node. To preserve overall stability, the Service Provider imposes the following limits and usage policies.

4.1 Fair Use Policy

• Even if the system displays the CPU cores or disk performance allocated to the Customer, the Customer may not use those resources at maximum capacity for unusually long periods, such as for cryptocurrency mining, because doing so may impair service quality for other customers.

4.2 Excessive Read/Write Usage

• The Customer may not run software or databases that generate abnormally high and sustained disk read/write activity for extended periods, as this may shorten hardware lifespan beyond normal expectations.

4.3 Service Provider’s Right to Manage Resources

• If the system detects that the Customer’s Instance is consuming CPU, RAM, disk I/O, or network resources at an abnormal level that affects other customers, the Service Provider may, in its sole discretion, throttle performance, restrict usage, suspend the Services temporarily, or terminate the Services immediately without prior notice.
• If the Services are suspended or terminated for this reason, the Customer shall not be entitled to any refund or business loss compensation.

5. Billing, Suspension, and Termination Policy

5.1 Billing and Renewal

• The Services are prepaid in full for each billing cycle, such as a one-day or 30-day cycle. Charges are deducted from the available account balance when the Instance is created and will be deducted again automatically when renewal is due.
• The Customer is responsible for maintaining sufficient credit to renew the Services. If the balance is insufficient, the Services will not renew and will immediately enter the suspension process.

5.2 Service Suspension

• If the Service Provider cannot collect payment when the billing cycle becomes due, the system will suspend the Services immediately, and the Instance will be powered off and inaccessible.
• During suspension, the Customer may not modify, retrieve, or request temporary reactivation of the Instance until outstanding charges are fully paid.

5.3 Permanent Deletion of Data

• If the Customer does not complete payment within 7 days (144 hours) from the time the Services are suspended, the system will deem the Customer to have relinquished rights to the Instance and will permanently delete all data immediately to return resources to the shared system.
• Once data has been terminated, it cannot be restored under any circumstance. The Service Provider shall not be liable for any data loss or damages resulting from the Customer’s failure to pay on time.

5.4 No Refund Policy

• The Cloud/VPS Services are non-refundable in all circumstances, including any account credit already deposited or any charges already deducted for creating an Instance.
• If the Customer deletes an Instance before the end of the billing cycle, such as deleting a 30-day Instance on day 5, the Service Provider will not refund the unused portion of the term.
• If an account is suspended or terminated due to any violation of the Acceptable Use Policy, the Service Provider reserves the right to freeze the remaining account balance and may forfeit such funds as a penalty or as compensation for damages caused by the Customer’s breach, with no refund in any circumstance.

5.5 Fraud and Chargebacks

• If the Customer initiates a chargeback or payment dispute through a credit card issuer, PayPal, or a bank without first contacting the Service Provider’s Support team, the Service Provider will treat the action as fraud. The Service Provider may immediately suspend the account, delete all existing data, and blacklist the Customer’s information to prevent future registration.

6. Limitation of Liability and Data Protection

• The Service Provider is not responsible for performance issues, delays, errors, data loss, or any other damages beyond its control, but will maintain the overall stability of the system to keep the Services operating as effectively as possible.
• The Service Provider will keep Customer data confidential to the greatest extent possible and will not disclose it to any third party except where required in connection with a legal dispute, in which case the Service Provider will cooperate fully with law enforcement and relevant government authorities.
• If the Service Provider receives a complaint or identifies suspicious activity, the Service Provider may suspend the Services temporarily to investigate and determine the cause.

7. Upstream Infrastructure and External Network Factors

The Service Provider operates and delivers Cloud/VPS Services through upstream data center infrastructure. The Customer acknowledges and agrees that the Service Provider disclaims liability and will not compensate damages or issue refunds in any circumstance where access problems or service delays arise from external factors beyond the Service Provider’s control, including the following:

7.1 Constraints Imposed by Upstream Infrastructure Providers

• In the event of technical incidents at the upstream data center infrastructure level, such as data center power failures, failure of core hardware or network switches, or emergency maintenance, the Service Provider will coordinate and follow up on remediation to the best of its ability, but will not be responsible for business losses or service credits arising during such period.

7.2 Problems Caused by the Customer’s Internet Provider

• If the Customer cannot connect to the Instance or experiences high latency due to routing issues, bandwidth restrictions, or outages in the Customer’s own Internet service provider’s network, including AIS, True, 3BB, NT, or mobile networks.

7.3 International Connectivity and Submarine Cable Issues

• High latency or inability to connect to foreign servers resulting from international bandwidth constraints at the data center, backbone maintenance, or submarine cable faults, which are regional factors.

7.4 Suspension, Blocking, or IP Restrictions by Third Parties

• If the Customer’s website or IP address is blocked by the Ministry of Digital Economy and Society, domestic Internet service providers, or law enforcement authorities due to the Customer’s own content or usage.
• If the Customer uses the Instance to operate VPN services or otherwise connect through the security systems of a destination country, such as the Great Firewall of China, and the IP address is banned or blocked in that jurisdiction.
• If the Customer’s IP address is blocked due to the Customer’s own conduct or use, the Customer bears 100 percent of the responsibility. The Service Provider reserves the right to deny any free IP change request and will not issue any refund. If the Customer wishes to continue using the Services, the Customer must delete the existing Instance and pay to create a new one.

8. Identity Verification and Fraud Prevention

To protect the integrity of the system and prevent financial crime, the Service Provider applies strict verification measures and the following decisive remedies:

8.1 Right to Review and Verify Identity

• If the system detects abnormal account registration, payment activity, such as the name on the account not matching the name on a credit card or bank account, or suspicious usage patterns that may indicate illegal conduct, the Service Provider may suspend the account temporarily and request government-issued identity documents, such as a photograph with a national identification card, passport, or certificate of incorporation.
• If the Customer refuses, ignores the request, fails to submit the documents within the specified time, or is found to have used forged documents or to have impersonated another person, the Service Provider will terminate the Services, permanently delete the data, and reserve the right to freeze the remaining account balance and may forfeit those funds to cover gateway penalties or other damages caused by the Customer’s breach, without refund and without limitation. The Service Provider may also disclose information to the relevant authorities for further review.

8.2 Anti-Chargeback Policy

• The Customer acknowledges and agrees that all deposits and payments are final. If the Customer disputes a payment or initiates a chargeback through a card issuer, payment gateway, or any other channel without prior consent from the Service Provider and without prior notice through the ticket or support system, such conduct shall be deemed fraud and a material breach of contract.

9. Governing Law and Jurisdiction

9.1 Laws of Thailand

• These Terms of Service, any related policies, and any dispute arising from the use of the Services shall be interpreted, governed, and enforced strictly under the laws of Thailand, including in particular the Computer Crime Act and intellectual property laws, regardless of the Customer’s domicile, nationality, or the country from which the Services are accessed.

9.2 Jurisdiction

• Any dispute, controversy, or claim between the Customer and the Service Provider that cannot be resolved by negotiation shall be exclusively submitted to the courts of Thailand, which shall have sole and exclusive jurisdiction.

9.3 Severability

• If any provision, condition, or term of these Terms is held void, unlawful, or unenforceable by a court, that provision shall be severed and the remaining provisions shall remain in full force and effect.

10. Data Management Policy

The Customer acknowledges and agrees without objection that data stored within the Instance is entirely the Customer’s property and responsibility. The Service Provider sets the following data management policies and limits:

10.1 No Automatic Save and No Undo System

• The Cloud/VPS Services provide OS-level access only and include no autosave function and no undo mechanism. If the Customer deletes files, executes an incorrect delete command, overwrites commands, or formats the system incorrectly, the data will be permanently deleted immediately and cannot be restored to any prior state.

10.2 No Backup Policy

• SUNDAE VPS does not provide automatic backups and does not provide snapshots for the Customer. Fees paid by the Customer cover only server space and compute resources, not backup services and not any guarantee against data loss.

10.3 Customer’s Primary Backup Responsibility

• Because the Service Provider does not offer backups, the Customer agrees and acknowledges that the Customer must back up important data manually and must regularly download and store backups in off-site or locally controlled storage, especially before operating system updates or risky script or source code changes.

10.4 Absolute Exclusion of Liability for Loss

If data within the Instance is lost, damaged, or destroyed for any reason, including but not limited to:

• User error, such as accidental deletion or misconfiguration;
• Hacking, cyberattacks, malware, or ransomware;
• Software or operating system failure;
• Hardware failures on the Service Provider’s side, such as sudden failure, degradation, or damage to hard drives, SSDs, or NVMe devices, or other force majeure events.

the Service Provider disclaims all liability and shall not be required to pay any compensation. The Customer agrees not to use the value of lost data, including customer databases, lost revenue or business opportunities, code or script value, software development fees, or any other consequential damages, as a basis for any claim, lawsuit, compensation demand, or refund request against the Service Provider under any circumstance.