Cloud Servers

1. About these terms

These terms apply to Defy Cloud Servers (Shared Compute and Dedicated Compute virtual servers) and add to the Terms of Service and the Billing, Credit & Refund terms. Where they differ, these terms apply to Cloud Servers.

2. Paying for a server

• Monthly, in advance. Each server is charged its monthly price (including VAT) from your account credit when you create it. That payment covers one month from the moment the server is created.
• Enough credit first. A server can only be created when your available credit covers its full monthly price.
• Renewal. Each month, on the server's renewal date (the same day of the month it was created), the next month is charged from your account credit before that month starts.
• Your own date. Each server has its own renewal date. Servers are not billed together on one day.

3. Deleting a server and hourly refunds

• You can delete a server at any time in Console.
• When you delete a server, you pay only for the hours it existed in the current month. The rest of what you paid for that month is returned to your account credit automatically, with a credit note.
• Hourly rate. The hourly rate is the monthly price divided by 730. Any part of an hour counts as a full hour, and the minimum charge is one hour. You never pay more than the monthly price for one month.
• Hours are charged whether the server is switched on or off. A switched-off server still holds its resources and is still charged.
• No refund is given for a server deleted for non-payment (section 4) or for a breach of the Acceptable Use Policy.

4. If a renewal is not paid

If your account credit does not cover a server's renewal:

1. 7 days and 2 days before the renewal date, we email you that the renewal cannot be paid and that the server will be switched off and then deleted.
2. On the renewal date, if it is still unpaid, the server is switched off. Its data is kept, and it is not available.
3. If you pay within 3 days, the server is switched back on automatically, normally within an hour of your payment. Your renewal date stays the same, so the month you pay for still starts on the original renewal date, including the days the server was off.
4. 3 days after the renewal date, if it is still unpaid, the server is permanently deleted. We email you the day before.

Deletion cannot be undone. When a server is deleted, for any reason, its disks, data and backups are destroyed and should be treated as unrecoverable; Defy does not promise restoration. Its IP addresses are released and may be given to someone else.

This deletion rule applies to the server disks and associated automatic backups. It does not delete separately purchased snapshots, which are separately retained and billed under section 6. The 3-day period is a service-specific non-payment deadline, not a general account-data retention period.

5. Your data and backups

• You are solely responsible for backing up the data on your servers and for keeping copies somewhere other than the server itself.
• Defy does not back up Cloud Servers unless you have added a backup option to that server. Backups made by that option are stored with the server, are deleted when the server is deleted, and are a safety measure, not a guarantee.
• Defy is not responsible for loss of data on a Cloud Server, including loss caused by deletion under section 4, by your own actions, or by a failure of the server or its disks, except to the extent the loss is caused by Defy's negligence and cannot be excluded by law.

Nothing here removes an express backup duty purchased from Defy or a mandatory right under section 17 of the Terms of Service. A backup option attached to the server is not an independent offsite copy surviving server deletion.

6. Optional extras

You can add these to a server at checkout or later in Console. Each is charged monthly in advance from the day you add it, at the price shown in Console (including VAT), and is refunded by the hour in the same way as the server if you turn it off or delete the server.

• Automatic backups run on the schedule you choose. They are stored with the server and deleted when the server is deleted.
• DDoS protection adds protection against denial-of-service attacks, in locations where it is available.

Snapshots

• A snapshot is a copy of a server's disk that you take yourself, at any time.
• Snapshots cost FJD 0.20 per GB per month, including VAT. The size is the snapshot's full (uncompressed) size, which is normally the size of the server's whole disk however much of it is in use, rounded up to the next whole GB, with a minimum of 1 GB. For example, a snapshot of a server with a 25 GB disk costs FJD 5.00 a month. A snapshot is charged once it has been created and its size is known, then monthly from that date, and is refunded by the hour when you delete it.
• Before a snapshot is taken, your account credit must cover the highest possible monthly price for that server's disk. If the charge cannot be made once the snapshot exists, the snapshot is deleted and nothing is charged.
• Snapshots are kept separately from the server. They are not deleted when the server is deleted and are charged until you delete them. You can restore a snapshot onto the server it was taken from, which replaces everything on that server, or create a new server from it in Console on a size with at least as much disk. A new server created from a snapshot keeps the original server's files, settings and logins.
• If a snapshot's renewal is not paid, it is permanently deleted 3 days after its renewal date.
• Each account can keep up to 5 snapshots. Contact support if you need more.

7. Running your server

• You manage it. You have full administrator (root) access. You are responsible for the server's operating system, software, updates, security, firewall rules and everything that runs on it, unless Defy manages it for you under a Managed Services agreement.
• We don't look inside. Defy does not log in to your server or access its contents, except when you ask us to, when a Service Agreement allows it, or when required by law.
• Location. Your server runs in the location you choose at checkout, on our cloud network. We do not move it to another location without your action.
• IP addresses are assigned to you for as long as the server exists. They belong to our network, not to you.
• Email ports. Sending email directly from a server (port 25) may be restricted to protect network reputation. Contact support if you need it.
• Security action. If a server is compromised, attacking others, or breaching the Acceptable Use Policy, we may switch it off or isolate it without notice to protect you, other customers and our network, and will tell you as soon as practical.

8. Limits

• Each account can create up to 5 servers per day and have up to 5 servers at any one time.
• If you need more, contact support. We may raise your limits after checking your account.
• Each plan's processor, memory, storage and bandwidth are as shown at checkout. Shared Compute plans share physical hardware with other customers and their performance can vary. Dedicated Compute plans have dedicated processor cores.
• Bandwidth. Each plan includes the monthly data transfer shown at checkout. Data transfer beyond that is charged at FJD 0.05 per GB, including VAT, with the total for the month rounded to the nearest 5 cents. It is charged from your account credit at the server's next renewal, or when the server is deleted. Console shows your usage during the month.