Terms of Service

Last Updated: June 14, 2025

1. Acceptance of Terms

By accessing or using the Virtual Private Server (VPS) services provided by BearVM ("Provider," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our services.

2. Service Description

We provide VPS hosting services, including but not limited to server resources, bandwidth, and storage, as described on our website. Services are provided "as is" and subject to availability. We reserve the right to modify, suspend, or discontinue any part of the services at our sole discretion without prior notice.

3. User Responsibilities

You agree to:

4. Acceptable Use Policy

You agree to use our services in a manner consistent with their intended purpose and these Terms. Prohibited activities include, but are not limited to:

We reserve the right to monitor usage and terminate or suspend your account immediately, without notice or refund, if we determine, in our sole discretion, that you have violated these Terms.

5. Payment and Billing

All fees are non-refundedable unless otherwise stated. You agree to pay all charges associated with your account in advance. We may change pricing at any time, and continued use of the services constitutes acceptance of the new pricing. Failure to pay may result in immediate suspension or termination of services without notice.

Taxes, levies, or duties imposed by governmental authorities are your responsibility unless otherwise indicated.

6. Service Level and Uptime

We strive to provide reliable services but do not guarantee uninterrupted access or specific uptime levels. We are not liable for any losses or damages resulting from service interruptions, including but not limited to hardware failures, network issues, or scheduled maintenance.

7. Data and Backups

You are solely responsible for maintaining backups of your data. We are not liable for any data loss, including but not limited to losses due to hardware failure, user error, or account termination. We may perform backups at our discretion, but these are not guaranteed.

8. Intellectual Property

All content, software, and materials provided by BearVM as part of the services, including but not limited to logos, trademarks, and proprietary software, are owned by BearVM or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our materials without prior written consent.

You retain ownership of any content you upload to our services, but you grant BearVM a non-exclusive, worldwide, royalty-free license to host, store, and process such content as necessary to provide the services.

9. Third-Party Services

Our services may include or interact with third-party software, tools, or services. We are not responsible for the performance, reliability, or terms of use of such third-party services. You are responsible for complying with any applicable third-party terms and conditions.

10. Termination

We may terminate or suspend your account at our sole discretion, with or without cause, and with or without notice. Upon termination, you will lose access to all services and data, and we are not obligated to provide refunds or data recovery. You may terminate your account by providing written notice, subject to any outstanding payment obligations.

11. Force Majeure

BearVM shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or governmental actions.

12. Limitation of Liability

To the maximum extent permitted by law, BearVM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.

13. Indemnification

You agree to indemnify and hold harmless BearVM, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses, including reasonable attorneys' fees, arising from your use of the services, violation of these Terms, or infringement of any third-party rights.

14. Dispute Resolution

Any disputes arising from these Terms or your use of the services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator’s decision shall be final and binding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be resolved in the courts of Delaware.

16. Changes to Terms

We may modify these Terms at any time without prior notice. The most current version will be posted on our website, and your continued use of the services constitutes acceptance of the updated Terms.

17. Contact Information

For questions about these Terms, please contact us at [email protected].