The use of services from CherryVM constitutes agreement to these terms.

1.) Account Setup

We will set up your services after having received payment. We and/or our payment partner(s) may screen your order(s) for indications of fraud. We reserve the right to refuse service to any person or business at any time for any reason or no reason at all.

2.) Email on File / Accurate Details

It is your responsibility to provide us with an email address where you can be reached in the event there is an issue with your service with us. We highly recommend an email address not hosted on your account with us. In the event that we are unable to reach you through the email address on your account we will not pursue alternative means of contact.

3.) Migrations

We offer several paid migration services for your convenience. All migration services are performed on a best-effort basis and there may be situations where we are unable to complete a migration. In the event that we are unable to complete a migration we will refund the migration purchase in full. We will conduct one migration per purchase. Should you wish to have a migration performed a second time you would need to purchase a new migration. There are no refunds for completed migrations.

4.) Account Content

All services provided by CherryVM may only be used for lawful purposes. The laws of the State of Indiana and the United States of America apply.

You may not add any domain to your account(s) or service(s) with us for which your usage of the domain has not been authorized by the domain's owner(s).

The use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of a website, music, books, photographs, or any other copyrighted work.

The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of the associated account. Repeat offenses will result in the termination of all services.

If you believe that your copyright or trademark is being infringed upon please email [email protected]

Examples of prohibited material on all services include but are not limited to:

Explicit adult content (such as pornography), bots, clickjackers, proxy scripts, anonymizers, pirated software, nulled software, warez, public image dumps, public file dumps, game servers, commercial banner ad services, commercial audio streaming, escrow websites, high yield interest programs (HYIP) or related sites, investmetn sites (FOREX, Egold Exchange, etc), the sale of any controlled substances without prior proof of appropriate permits(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime bank programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force software, mail bombers, spam scripts, and forums or websites that distribute and/or link to warez or illegal content.

Potential harm to minors is strictly forbidden - including but not limited to: child pornography or content perceived to be child pornography. Any site found to contain or linking to child pornography or content perceived to be child pornography will be permanently suspended immediately without notice. We will report any child pornography or perceived child pornography to the appropriate law enforcement agency.

Any material that, in our judgement, is obscene or threatining is prohibited and may be removed from our servers with or without notice.

CherryVM reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

5.) Account Security

The security of your support and billing account, cPanel, FTP, SSH, and Email credentials are your responsiblity. These credentials are stored encrypted and cannot be reversed by us for your security. You are required to maintain a strong and secure password for tehse services and you must not share tehse credentials with any other services (i.e. not using the same password for your email account as you use for your cPanel account). We recommend that your password be no fewer than 8 characters and include at least one of each of the following: an upper case letter, lower case letter, number, and a symbol. We also strongly suggest rotating your password at least once every 3 months.

You are expected to use a secure method to connect to our servers whenever possible such as FTPES (FTP Explicit over SSL) or sFTP (FTP over SSH) for FTP as an example. Standard FTP and en-encrypted IMAP, POP3, and SMTP connections may expose your username and/or your password and are not recommended.

It is your responsibility to ensure the software/scripts/programs you install within your account(s) are secure and up-to-date. You are required to use a secure password for all services that is not shared with any other service or log-in.

6.) Zero Tolerance SPAM Policy

We take a zero tolerance stance against the sending of unsolicited email, bulk email, and spam. Any account found to be sending spam may be suspended and/or terminated with or without notice at our discretion. You may not use our services for the sending of mailing lists / email lists. A dedicated mailing list service should be used for such purposes.

Sites advertised via SPAM (spamvertised sites) may not be hosted on our services. This provision includes, but is not limited to: SPAM sent via fax, email, instant messaging, or other electronic or non-electronic means.

7.) Zero Tolerance Phishing Policy

Any account found to be hosting a phishing page, intentionally or not, will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempt to acquire sensitive information such as usernames, passwords, credit card or banking information, pin numbers, or any other private or confidential personal information.

8.) Payment Information

you agree to supply appropriate payment for services received form CherryVM by the due date listed on any associated invoices. You agree that unless you notify CherryVM of your desire to cancel any or all services received according to our Cancellations and Refund Policy, those services will be billed on a regular recurring basis and automatically charged to the payment method on file on the due date.

We accept most major credit and debit cards with a Visa, MasterCard, Discover, or American Express logo.

As a client of CherryVM it is your responsibility to ensure that your payment information is up to date, is valid, and that all invoices are paid on time. CherryVM provides a 3 day grace period from the time the invoice is due until associated services may be suspended. Any invoice that is overdue 3 or more days and is not paid in full will result in the suspension of the associated services until the account is brought current and all due or overdue invoices have been paid in full.

Any account that is 30 days or more overdue will be automatically terminated.

9.) Backups and Data Loss

Your use of our services is at your sole risk. CherryVM is not responsible for the files and/or data residing on your account. You agree to take full responsiblity for the files and data transferred to CherryVM services and to maintain all appropriate backup of files and data stored on CherryVM servers.

While CherryVM may maintain backups of your files and/or data for disaster recovery purposes we accept no responsibility should these backups be unavailable for any reason including but not limited to: data corruption, hardware failure, or negligence.

You should be sure to have your own off-server local backups of your files and/or data that you store with CherryVM.

Any backups including but not limited to cPanel backup files older than 72 hours will be removed from the server automatically. We suggest downloading any on-server backups to an off-server location.

10.) Cancellations and Refunds

Cancellations must be submitted via our Billing and Support system at Full step-by-step cancellation directions can be found in our knoweldgebase. Cancellations requested via support ticket, e-mail, phone, or any method other than the one outlined here in this agreement will not be honored.

You may cancel your services at any time via the cancellation form in your client dashboard.

Any unbilled metrics (disk space, bandwidth, domains, etc...) will be invoiced when the account cancellation is processed.

No refunds will be provided except for migration and restoration services that we do not complete. There are no refunds for activated services or completed account migrations, email migrations, backup restorations, or billed metrics (disk space, ram, data transfer, etc).

CherryVM reserves the right to cancel any account at any time with or without notice.

11.) Resource Usage

You may not:

  1. Use 100% of your allocated CPU and RAM resources for longer than 300 seconds (5 minutes). There are numerous activities that can cause such usage such as: PHP, MySQL, etc.
  2. Run stand-alone unattended server-side processes including but not limited to any and all server daemons.
  3. Run any type of web spider or indexer (including Google Cash / AdSpy).
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Operate any sort of chat box, shout box, or other chat platform that is hosted directly from our servers.
  6. Run any bittorrent application, tracker, or client. Please note that you may link to torrents off-server so long as the torrent is legal but may not host or store them.
  7. Participate in any file-sharing/peer-to-peer activities.
  8. Run any gaming servers.
  9. Run cron jobs with an interval of less than 5 minutes.

12.) Metrics Billing

CherryVM offers pay-as-you-go shared hosting resources including but not limited to: disk space, data transfer (bandwidth), addon domains, parked domains, sub domains, MySQL databases, and Email Accounts. Each of these resources will be billed based upon your actual usage at the rates shown on our website. The price for each resource may vary based upon the specific plan.

Billed metrics will not be reduced or discounted. It is your responsiblity to monitor your usage and to take appropriate actions should your usage exceed your expectations. CherryVM will not take action to based upon metrics usage alone.

Refusal to pay for billed metrics may result in the suspension and/or termination of the related service and/or all services in your client account.

Pro-rated metrics billing for unbilled metrics usage will be invoiced upon account cancellation or termination.

14.) Price and Resource Changes

The base price of your hosting service will not increase from the date of purchase without prior notice. The price of metrics (disk space, data transfer, etc) will not change without prior notice.

We reserve the right to change the prices, plans, services, and resources on our website for new services at any time without notice.

15.) Indemnification

Customer agrees that they shall defend, indemnify, save and hold CherryVM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against CherryVM, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless CherryVM against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with CherryVM; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from CherryVM's servers or services.

16.) Limited Liability

Under no circumstances, including but not limited to negligence, shall CherryVM, its offices, agents or any one else involved in creating, producing or distributing CherryVM services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the CherryVM services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to CherryVM's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on CherryVM's servers and services.

17.) Arbitration

By using any CherryVM services you agree to binding arbitration. If any disputes or claims arise against CherryVM or its subsidiaries, such disputes will be handled by an arbitrator of CherryVM's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

18.) Disclaimer

CherryVM shall not be responsible for any damages you or your business may suffer. CherryVM makes no warranties of any kind, expressed or implied for services provided. CherryVM disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by CherryVM and its employees.

19.) Disclosure to law enforcement

CherryVM may disclose any subscriber information, files, databases, access logs, and other account data to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

20.) Severability

If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

21.) Addendum Terms and Agreements

By agreeing to these terms of service you agree to have read and understood not only this document, but our privacy policy, email policy, and support scope documentation and agreements.

22.) Changes to the Terms of Service

CherryVM reserves the right to revise its policies and this agreement at any time without notice. We recommend that you periodically review this document for changes.

Terms of Service updated Thursday, November 3rd, 2022.