Terms of Service

Last updated: October 17, 2026

These Terms of Service ("Terms") are a legally binding agreement between you and EVERVPS INC, operating as Eve VPS ("Eve VPS", "we", "us" or "our"), 2323 Lincoln Ave, East St. Louis, IL 62204, United States. By creating an account, placing an order or using any of our services, you agree to these Terms, our Privacy Policy and our Trust and Fair-Use Policy, which together form the entire agreement between you and us.

1. Eligibility and your account

  • You must be at least 18 years old and legally able to enter into this agreement. Accepting these Terms electronically is a valid signature.
  • You must provide accurate account information and keep it up to date.
  • You are responsible for everything that happens under your account. Keep your login details secure; we recommend enabling two-factor authentication.
  • One person or business may not create multiple accounts to abuse promotions, evade limits or get around a previous suspension or ban.

2. Our services

Eve VPS provides unmanaged Linux virtual private servers (VPS) on KVM virtualization. We are responsible for the physical hardware, the hypervisor, storage and network connectivity. You receive full root access and are solely responsible for the operating system, software, configuration, security and data on your server.

  • Bandwidth: Plans include unmetered bandwidth, subject to fair use. We may apply traffic management where usage threatens the stability of the network or other customers.
  • Uptime: We target 99.9% availability for our network and hypervisors. This is a target, not a guarantee, and it does not entitle you to automatic credits.
  • Support: We support our hardware, network and the client area. We do not provide free support for software you install or configure inside your server.

3. Orders, payment and billing

  • Prices and currency: All prices are in US dollars (USD) and exclude any taxes, which you are responsible for.
  • Payment methods: We currently accept cryptocurrency through our payment provider, NOWPayments. You are responsible for network fees and for sending the correct amount. Services are activated once the payment provider confirms the transaction; we are not responsible for blockchain delays.
  • Payment in advance: All services are paid in advance for the billing cycle you choose (monthly, quarterly, semi-annually or annually). Renewal invoices are issued 14 days before the due date.
  • Underpayments: An invoice that is not paid in full remains unpaid. If the shortfall is small and caused by network fees, contact support and we may mark it as paid at our discretion.
  • Overpayments and account credit: Amounts paid above an invoice total (less any gateway or network fees) are added to your account as credit. Account credit, including Add Funds deposits and credit from cancelled invoices, can only be used for Eve VPS services. It cannot be withdrawn, refunded or transferred.
  • Late payment: If an invoice is still unpaid 5 days after its due date, a late fee of 10% of the invoice amount is added and the related service is suspended. Suspended services are restored automatically once the invoice and any late fee are paid in full.
  • Upgrades and downgrades: Upgrades are charged pro rata for the rest of the current billing cycle. Downgrades take effect from the next billing cycle and are not refunded for the current cycle.
  • Price changes: We may change our prices. Existing customers will receive at least 14 days' email notice before a new price applies to their renewal.
  • Chargebacks: Please contact support before disputing a payment. A service linked to a disputed payment may be suspended while the dispute is reviewed. Chargebacks filed against valid charges are a breach of these Terms and may lead to termination of your account.
  • Fraud: Using a stolen or unauthorized payment method will result in immediate termination without refund and may be reported to the relevant authorities.

4. Refunds and cancellation

  • Non-delivery: If your server is not delivered within 24 hours of confirmed payment, you may request a full refund to your original payment method by opening a support ticket.
  • All other payments are non-refundable, including cancellations because a service did not meet your expectations, downgrades, and services suspended or terminated for breaching these Terms.
  • Goodwill credit: Any compensation we choose to offer (for example, for downtime) is issued as account credit, not as a cash refund.
  • Cancelling: To stop future billing, use Request Cancellation on the service in the client area. You can cancel immediately or at the end of the current billing period. No refund is given for any unused part of a billing period.

5. Acceptable use

Eve VPS is an unmanaged infrastructure provider. We supply the server; you decide what runs on it and you are fully responsible for it. We support only legitimate, lawful and fair use of our services, in compliance with all applicable laws, including the US Computer Fraud and Abuse Act (CFAA), the CAN-SPAM Act, the Digital Millennium Copyright Act (DMCA), US sanctions and export control laws, the laws of the State of Illinois, and the laws of the country you operate from. We do not support or permit any illegal activity on our platform.

5.1 Email and port 25

  • Outbound SMTP port 25 is blocked on all VPS servers.
  • All email-related activities are strictly prohibited on our servers, including bulk email sending, mass mailing, email marketing campaigns, newsletters, and running mail servers or relays to send email.
  • Spam of any kind, whether by email, SMS, messaging apps, social media or forums, is strictly prohibited.

5.2 Prohibited activities

The following are strictly prohibited. This list is not exhaustive:

  • Spam and phishing: unsolicited bulk messages of any kind, phishing pages, or impersonating banks, payment providers or other organizations.
  • Hacking and unauthorized access: gaining or attempting access to systems or data you are not authorized to use, scanning networks you do not own, brute-forcing passwords, credential stuffing or exploiting vulnerabilities.
  • Network attacks: launching, selling or facilitating DDoS or DoS attacks ("booters" or "stressers"), or operating botnets.
  • Malware: creating, hosting or distributing viruses, ransomware, spyware, remote access trojans, or botnet command-and-control servers.
  • Fraud and financial crime: carding, identity theft, scams, Ponzi or pyramid schemes, money laundering, or selling or using stolen data or accounts.
  • Copyright and piracy: distributing pirated software, media or other material that infringes copyright, trademarks or other intellectual property rights.
  • Child sexual abuse material: zero tolerance. Accounts are terminated immediately and reported to the National Center for Missing & Exploited Children (NCMEC) and law enforcement.
  • Violence and harassment: content that promotes terrorism or violent extremism, threats, harassment, stalking or publishing people's private information (doxxing).
  • Illegal goods and services: selling or promoting illegal drugs, weapons, counterfeit goods, or unlicensed gambling.
  • Sanctions evasion: providing services to, or on behalf of, sanctioned persons or embargoed countries.
  • Harming the platform: deliberately degrading the host node or network for other customers.

5.3 Enforcement

Any illegal activity, including but not limited to spam, is not allowed on the platform and will result in cancellation of your service without refund. Depending on the severity, we may also suspend your account immediately, preserve evidence, cooperate with law enforcement, and report the activity to the relevant authorities. If your activity causes one of our IP addresses to be blacklisted, you are responsible for the reasonable cost of cleaning up or replacing it. Abuse and copyright complaints are forwarded to you. Report abuse to [email protected].

6. Your responsibilities

  • Security: You must keep your server secure, including strong passwords, updates and firewall rules. You remain responsible for any abuse that comes from your server, even if it has been compromised.
  • Backups: You are solely responsible for backing up your data. We do not keep backups of customer servers and cannot restore lost files.
  • Licensing: You are responsible for having valid licenses for any software you install.
  • Legal compliance: You must comply with all applicable laws, including US export controls and sanctions. You confirm you are not on any US government restricted-party list and not located in an embargoed country. We may request identity verification at any time and may suspend service until it is provided.
  • Respectful conduct: Abusive or threatening behavior toward our staff may result in loss of support access or termination of your account.

7. Suspension, termination and data deletion

  • We may suspend or terminate services for non-payment, breach of these Terms, fraud, chargebacks, or where required by law.
  • A suspended server is powered off but its data is kept, so it can be restored once the issue is resolved.
  • When a service is terminated, the virtual machine and all of its data are permanently deleted and its IP address is released. Terminated servers cannot be recovered.
  • We may refuse service to anyone for any lawful reason.

8. Your data and our intellectual property

You own the data you store on your server. You grant us only the limited rights needed to host, process and transmit it to provide the service. We do not access the contents of your server except where legally required. The Eve VPS name, logo, website, client area and documentation are owned by EVERVPS INC and may not be used without our written permission.

9. Disclaimers and limitation of liability

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE OR DATA. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Force majeure: We are not responsible for failures or delays caused by events beyond our reasonable control, including natural disasters, war, government action, power or upstream network failures, and DDoS attacks against our infrastructure.

Indemnity: You agree to defend and indemnify EVERVPS INC, its staff and affiliates against claims, losses and costs (including reasonable legal fees) arising from your use of the services, your breach of these Terms or your infringement of anyone else's rights.

10. Governing law and disputes

These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict-of-law rules. Before starting any formal proceedings, please contact us at [email protected] so we can try to resolve the issue informally.

Any dispute that cannot be resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in St. Clair County, Illinois, or remotely. Either party may instead bring an individual claim in small claims court. Disputes may only be brought on an individual basis, not as a class or representative action. Any claim must be brought within one (1) year after it arises.

11. Changes to these Terms

We may update these Terms from time to time. For material changes, we will give at least 30 days' notice by email and in the client area. If you do not accept the changes, you may cancel your services before they take effect and request a pro rata refund of any unused prepaid period. Continuing to use the services after the effective date means you accept the updated Terms.

12. General

  • If any part of these Terms is found unenforceable, the rest remains in effect.
  • Our failure to enforce a provision is not a waiver of it.
  • You may not transfer your account or these Terms without our written consent. We may assign them as part of a merger, acquisition or sale of assets.
  • Nothing in these Terms creates a partnership, agency or employment relationship.
  • These Terms are written in English. If a translation conflicts with the English version, the English version applies.
  • Sections that by their nature should survive termination (including payment obligations, liability, indemnity and disputes) continue to apply.

13. Contact us

EVERVPS INC, 2323 Lincoln Ave, East St. Louis, IL 62204, United States

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