Legal Confirmation and Contract Validity
These Terms of Service (hereinafter 'Agreement') are a formal legal contract between the VPSMAC brand operator (hereinafter 'Company') and the entity (hereinafter 'User' or 'You') accessing compute services via vpsmac.com or related interfaces.Your actions in clicking 'Order', 'Pay', or actual utilization of the Company's hardware resources are deemed as your full awareness and irrevocable consent to be bound by all terms of this Agreement (including versions unilaterally revised by the Company).
Hardware Asset Ownership and Absolute Control
VPSMAC VPSMAC provides compute rental services based on a native physical bare-metal architecture. Ownership of rented assets (including physical racks, Mac hardware, custom flash matrices, Thunderbolt 5 network switching components, and power distribution units) remains fully and exclusively with the Company at all times.
- Users only obtain non-exclusive remote usage rights to the hardware during the rental period.
- Users are strictly prohibited from attempting to bypass the Baseboard Management Controller (BMC), modifying hardware serial numbers, or performing any permanent physical/firmware modifications that may reduce the resale or re-rental value of the asset.
- The Company reserves the absolute power to conduct physical audits and real-time telemetry on the hardware.
Unilateral Termination and Emergency Disposal Rights
The Company has the right to immediately terminate or suspend your service and physically erase storage media without prior notice or liability under circumstances including but not limited to:
- Rental fees overdue by more than 6 hours;
- User instance behavior interferes with the overall bandwidth allocation of the VPSMAC backbone or triggers upstream DDoS alerts;
- Engaging in unauthorized distributed compute reselling, cryptocurrency mining, or large-scale port scanning;
- Changes in business strategy or regulatory environment where the Company deems continued service to you poses a reputational risk.
Data Responsibility and 'Zero Disaster Recovery' Principle
Important Note: VPSMAC delivers a 'Raw Hardware Environment'.
The Company assumes no backup, maintenance, or disaster recovery obligations for any source code, databases, model weights, trade secrets, or private files stored by the user on the device. Data damage caused by natural lifespan, sudden surges, submarine cable interruptions, or force majeure is an inherent risk borne by the user. You expressly agree to exempt the Company from liability for compensation arising from such data loss.
Fees, Billing, and Irrevocability
VPSMAC Service operates on a prepaid mechanism. All funds received (including deposits and order fees) are irrevocable. The Company does not accept refund requests based on subjective or objective reasons such as 'no longer needed', 'purchase error', or 'unable to connect due to technical reasons'.
Chargeback Clause: Any initiated malicious credit card chargeback or third-party payment complaint will be considered contract fraud. The Company reserves the right to immediately and permanently ban relevant accounts and all associated instances, and pursue criminal legal responsibility.
As-Is Provision Statement
The Company expressly disclaims any form of guarantee regarding service stability, error-free operation, fluctuations in network latency, or whether compute performance meets your specific expectations. You acknowledge and accept that rented physical hardware may have unforeseen firmware vulnerabilities or performance degradation due to upstream supplier issues.
Expanded Interpretation of Force Majeure
Beyond typical natural disasters, the following are also defined as 'Force Majeure' under this Agreement: global submarine cable failures, Tier-1 ISP routing collapses, systemic firmware blockades due to Apple Inc. policy changes, national-level network censorship, and power shortages. In such cases, the Company is exempt from any breach of contract liability.
Ultimate Limit of Liability
To the maximum extent permitted by law, regardless of whether the Company has been advised of the possibility of damages, our maximum total liability in any legal claim based on this Agreement or services is strictly limited to the sum of net rental fees actually paid by you to the Company in the 30 days prior to the claim.
Intellectual Property and Sovereignty Declaration
The VPSMAC console, API documentation, and any accompanying software tools are the intellectual property of the Company. Users shall not perform reverse engineering. The Company assumes no responsibility for legal risks arising from the user's installation of pirated software or infringing content on the device.
Account Security and Identity Verification
You are solely responsible for the confidentiality of account credentials and private keys. Any operations performed using your identity credentials are deemed actions of yourself or your authorized entity. You bear full responsibility for compute abuse or billing charges resulting from credential leakage.
International Trade Compliance Restrictions
You promise not to use this service in any sanctioned country or region, and that your use does not violate export control laws. If the Company suspects involvement in such activities, we reserve the right to unilaterally terminate the contract and forfeit all remaining funds.
Third-Party Services and Proxy Authorization
You agree that we may utilize third-party infrastructure or services (e.g., cloud gateways, cross-border dedicated lines) to deliver the service as necessary. You authorize us to execute necessary third-party verification logic during the resource allocation process.
Overdue Penalties and Asset Recovery
Overdue payments will incur a daily compounded interest penalty of 2.5%. For long-term delinquent users, the Company reserves the right to employ professional agencies to recover assets through physical or legal means, with all recovery costs borne by the user.
Automatic Retrospectivity of Agreement Revisions
The Company reserves the right to adjust these terms at any time based on operational needs.Revised versions become effective upon publication on vpsmac.com. If you continue to log in to the console or keep instances running after a revision, it is deemed as your unconditional confirmation of the revised content.
Governing Law, Exclusive Jurisdiction, and Severability
This Agreement is governed by the laws of the Company's place of registration.All disputes must be submitted to the court with jurisdiction in the Company's place of registration for adjudication.If any provision of this Agreement is found invalid, it shall not affect the validity of other provisions.