These Terms of Service (the "Terms") are a legally binding agreement between you and Bage Cloud LLC ("BAGEVM," "we," "us," or "our"). They govern your access to bagevm.com, the client portal, control panels, and your purchase or use of our virtual private servers (VPS), cloud servers, dedicated servers, server hosting, IP addresses, network connectivity, DDoS protection, and other internet infrastructure services (collectively, the "Services").
By registering an account, submitting an order, clicking to accept these Terms, paying an invoice, or using the Services, you acknowledge that you have read, understood, and agreed to these Terms. Do not purchase or use the Services if you do not agree. If you accept these Terms for a company or another organization, you represent that you have authority to bind it.
1. Agreement Scope and Incorporated Policies
These Terms apply to the website, client portal, control panels, APIs, orders, invoices, and all Services. Configurations, locations, resources, billing periods, prices, and special conditions stated in an order, product page, quotation, or written agreement signed by both parties also form part of the agreement.
Our Acceptable Use Policy (AUP), Privacy Policy, and Refund Policy are incorporated by reference. If terms conflict, a special written agreement signed by both parties controls, followed by terms specific to an order, the applicable product description, these Terms, and the incorporated policies. Restrictions in the AUP that protect people, the platform, networks, and third parties always apply to use of the Services. Nothing in these Terms limits rights that applicable law does not permit the parties to waive.
The Services are not consumer telecommunications or utility services for ordinary household needs and do not constitute financial, wallet, digital-asset custody, legal, or other professional services.
The website, client portal, control panels, APIs, software, documentation, text, graphics, trademarks, interfaces, and other materials supplied by us or our licensors ("Platform Materials") form part of the Services. We grant you only a limited, revocable, non-transferable, non-exclusive right to use them as necessary to order, manage, and use the Services. Except where applicable law expressly permits, you must not copy, sell, sublicense, reverse engineer, circumvent access controls, or interfere with Platform Materials or their operation without authorization.
2. Eligibility, Accounts, and Security
You must be old enough to form a binding contract where you live and must not be prohibited from using the Services by applicable law, sanctions, export controls, or other restrictions. You must provide truthful, accurate, complete, and current account, contact, billing, and verification information. Where reasonably necessary, we may request evidence of identity, address, payment authorization, business purpose, or account ownership.
You are responsible for protecting passwords, API keys, access tokens, multi-factor authentication devices, recovery codes, SSH keys, and other credentials, and for activity under your account and Services. You must not sell, transfer, or share an account to evade restrictions. If you know or suspect unauthorized access, notify us promptly, reset affected credentials, and cooperate with reasonable security measures.
If we reasonably suspect fraud, account compromise, unauthorized payment, or an urgent security risk, we may temporarily restrict access, revoke sessions, pause orders, or isolate affected Services to protect you, the platform, and third parties. Protective action alone is not a determination of fault or a promise of a refund.
3. Orders, Review, and Provisioning
Submitting an order does not mean that we have accepted it. An order is accepted only after payment clears, required reviews are completed, and we confirm or actually provision the Service. We may reject, cancel, or request verification for an order because of inventory, network capacity, a pricing error, fraud risk, sanctions, or compliance requirements. If we cancel a paid order before provisioning, we will return the corresponding amount we actually received, excluding non-recoverable third-party charges.
Any instant-provisioning time is an estimate. Dedicated servers, hosting, custom networking, additional IP addresses, and products requiring manual review may take longer. Unless a product description or written agreement expressly guarantees otherwise, routes, upstream networks, hardware models, configurations, and delivery times may be replaced with equivalent or better alternatives where inventory or operational needs require.
You must verify the location, network, configuration, operating system, billing term, and compatibility before ordering. Migration, reinstall, upgrade, downgrade, cancellation, or configuration changes after provisioning may be subject to product terms, resource availability, and applicable fees.
4. Unmanaged Services and Customer Data
Unless an order or written agreement expressly identifies a managed service, our VPS, cloud server, dedicated server, and related products are unmanaged. We are responsible for the reasonable operation of infrastructure, hardware, and networks under our control. You are responsible for operating systems, applications, permissions, patches, licenses, firewalls, malware protection, configuration, and day-to-day administration.
Managed administration, migration, or other professional support forms part of the Services only when we separately offer it and you accept it in a written quotation, order, or service description. General ticket assistance, advice, or a good-faith action does not convert an unmanaged Service into a managed Service or guarantee an outcome.
You retain your rights in content that you upload, store, or process and represent that you have the rights and lawful basis required to process it. You grant us a limited license to host, transmit, copy, isolate, or process that content only as necessary to provide the Services, carry out your support request, maintain security, investigate violations, or comply with law.
We do not back up Customer Data unless backup service is expressly included in the order. Snapshots, RAID, redundant storage, and copies created for our maintenance purposes are not independent backups and are not guaranteed to be restorable. You must maintain off-site backups and test restoration. Technical support does not include support for your end users and does not guarantee recovery of deleted, corrupted, encrypted, or lost data.
5. Billing, Renewals, and Taxes
Unless the order states otherwise, Service fees are prepaid for the selected billing period. Invoices must be paid in full by the stated due date. If taxes, exchange rates, blockchain fees, bank charges, gateway fees, or transfer fees cause us to receive less than the invoiced amount, you remain responsible for the balance. You are responsible for taxes that applicable law places on you, except taxes we are legally required to report or collect.
By enabling automatic payment or renewal, you authorize us or our payment provider to attempt collection when a renewal invoice becomes due. A failed automatic payment does not extend a Service term or remove your payment obligation. You may disable automatic renewal in the client portal or submit cancellation as directed, but you must do so before the next term begins. Cancellation affects future periods only and does not automatically void an invoice already issued or paid.
To the extent permitted by applicable law, we may charge a reasonable late fee on overdue amounts and require payment of reasonable collection costs and attorneys' fees actually incurred in recovering amounts due. Early cancellation generally does not refund the unused portion of a current prepaid term. Set-up, installation, license, customization, and incurred third-party charges are generally non-refundable unless the Refund Policy, a product description, a written agreement, or applicable law states otherwise.
Coupons, discount codes, and promotions apply only to the stated products, periods, locations, and customer eligibility and may exclude renewals, upgrades, or existing customers. You must not use duplicate accounts, false details, Service transfers, or other means to evade limits, reuse, or abuse a promotion. We may remove the discount, collect the difference, and restrict orders or Services in proportion to the violation.
We may change prices, resources, or product terms for future billing periods. We will provide reasonable notice of a material adverse change to an existing Service through the website, client portal, or email. New pricing takes effect at the next renewal or when you accept the change.
6. USDT Cryptocurrency Payments
We accept USDT only on networks expressly offered at checkout. These may currently include USDT-TRON (TRC20), USDT-BSC (BEP20), and USDT-Polygon. You must use the same network selected for the order and send the exact amount to the unique payment address shown for that order before the payment instructions expire. Similar network names do not make the networks interchangeable.
Payment is complete only after the transaction reaches the number of blockchain confirmations required by us or our payment provider and is identified by our order system. You are responsible for wallet compatibility, network fees, and the accuracy of transaction details. A wrong network, token, address, underpayment, late payment, or duplicate payment may not be recognized or recoverable. Where technically possible and ownership is verified, we will assist with an investigation, but recovery is not guaranteed and blockchain, conversion, manual, or third-party costs may be deducted.
BAGEVM does not provide customers with digital-asset exchange, investment, wallet, or custody services and does not hold wallet private keys for customers. Payment addresses and blockchain processing may be supplied by a third-party payment technology provider. Blockchain transfers are generally irreversible. Unless applicable law requires otherwise, an approved USDT refund is normally issued as non-withdrawable, non-transferable account credit rather than an automatic on-chain return.
7. Refunds, Credits, and Payment Disputes
Refund eligibility and request procedures are governed by our Refund Policy. Unless a product description states otherwise, only a customer's first eligible new VPS or cloud-server invoice may be submitted for a refund within 24 hours after provisioning and before combined inbound and outbound transfer exceeds 10 GB. A request is not automatically approved; we review the order, resource use, payment status, and exclusions.
Renewals, upgrades, migrations, Service transfers, account funding, invoices paid with credit, promotional or clearance products, domains, software licenses, dedicated servers, server hosting, set-up or custom work, additional IP addresses, consumed third-party resources, and requests arising from abuse, attacks, blocklists, fraud, a mistaken location, IP geolocation, third-party platform restrictions, or network quality not expressly guaranteed are generally ineligible. These restrictions do not apply if we cannot provide an accepted and paid Service or if applicable law requires otherwise.
Except for cryptocurrency payments such as USDT and invoices paid with account credit, approved refunds will be issued to the original form of payment. Payment-gateway transaction fees already charged are non-refundable, and the payment gateway's actual settlement amount controls.
USDT payments cannot be returned to the original payment address and can be refunded only as non-withdrawable, non-transferable BAGEVM account credit. An invoice paid with account credit can be refunded only to account credit. After a refund is processed, the account may be used for future orders but is not eligible for any further refund.
Account credit has no cash value and may not be sold, transferred, or withdrawn unless required by law. Contact us by ticket first about a duplicate or unauthorized payment. A chargeback, payment dispute, or duplicate recovery started without reasonable communication does not remove amounts due. Fraudulent or abusive disputes may result in suspension, but we do not restrict non-waivable rights available under law.
8. IP Addresses, Network Resources, and DDoS
IP addresses, ASNs, routes, bandwidth, and other network resources are licensed for your use only during the Service term; ownership is not sold or transferred. We may change, limit, or reclaim network resources to satisfy registry, data-center, upstream-provider, renumbering, security, abuse, or operational requirements and will provide reasonable notice where circumstances permit.
Unless expressly guaranteed in a product description, we do not warrant that an IP address is reachable in every region or third-party platform, or that geolocation databases, email-reputation services, search engines, streaming services, financial platforms, or other third parties will classify it accurately or consistently. You must address complaints, blocks, and reputation issues caused by your use. Availability, quantity, pricing, and conditions for free or paid IP replacement are governed by the control panel and product-specific rules.
Bandwidth, transfer, port speed, connection limits, and mitigation capacity are defined by the product description. DDoS detection or mitigation does not guarantee that every attack will be blocked or that a Service will remain uninterrupted during an attack. To protect the network, we may filter, rate-limit, blackhole, isolate, migrate, or temporarily suspend affected traffic or Services.
9. Acceptable Use and Investigations
You and anyone acting through your account or Services must comply with our AUP. Reselling, sharing, or allowing a third party to use a Service does not remove your responsibility. You must not circumvent resource, payment, identity, security, or access controls, or use the Services to endanger people, the platform, networks, data centers, upstream providers, or third parties.
Conduct expressly prohibited under our prior Terms remains governed by the AUP, including without limitation:
- Intentionally or continuously consuming excessive network, CPU, memory, disk I/O, or other shared resources;
- Operating TikTok or other third-party-platform automation, bulk activity, or evasion tools that violate third-party rules, generate abuse complaints, or impair IP or ASN reputation;
- Sending spam or unsolicited bulk email (UBE), or failing to secure a Service against such activity;
- Accessing, scanning, interfering with, or disrupting computers, accounts, devices, networks, data, or communications without authorization;
- Operating an open proxy, anonymous public proxy, open relay, open recursive DNS resolver, Tor exit node, or other public relay; and
- Storing, transmitting, or facilitating unlawful, harmful, infringing, fraudulent, or dangerous content or activity affecting us, another customer, or a third party.
You are responsible for traffic originating from assigned IP addresses and Services. You must respond to an abuse, security, or network complaint that we forward within the period stated in the notice, which is 24 hours unless the notice says otherwise. Failure to respond, stop the violation, or implement effective remediation may result in suspension or termination without refund eligibility. We reserve the right to recover actual losses and pursue civil remedies as permitted by law.
We are not required to proactively inspect all Customer Content. If we reasonably suspect unlawful conduct, an AUP violation, fraud, an attack, a security incident, or infringement of third-party rights, we may, as permitted by the Privacy Policy and applicable law, review relevant metadata, request information, preserve evidence, restrict traffic or access, and cooperate with data centers, upstream providers, affected parties, regulators, or law enforcement.
Where applicable law permits, we review legal and governmental requests for validity, authority, and scope and seek to disclose only relevant and necessary information. We may notify an affected customer where appropriate unless notice is prohibited by law or court order, could endanger a person or security, or could impede an investigation.
10. Suspension, Termination, and Data Deletion
We may warn, require remediation, rate-limit, filter, isolate, suspend, or terminate for non-payment, reversed payment, account risk, violation of these Terms or the AUP, legal or upstream requirements, urgent security events, or conduct likely to affect the platform or third parties. Where risk permits, we will provide notice and a reasonable opportunity to remediate. We may act immediately without prior notice for an active attack, serious illegality, fraud, an urgent security risk, or material network impact.
Charges may continue during suspension because resources remain reserved unless product rules or our written notice states otherwise. Suspension does not guarantee that data remains accessible or recoverable. If payment or remediation is not completed within the period stated in an invoice, notice, or product rule, we may terminate the Service and reclaim servers, storage, IP addresses, and other resources.
After termination, Customer Data may be deleted or overwritten immediately or according to our resource-reclamation process and may be unrecoverable. You must export required data before cancellation, expiration, or termination. Account, transaction, and log records needed for billing, security, fraud prevention, abuse investigations, disputes, or legal holds may be retained under the Privacy Policy. Termination does not remove fees or liabilities incurred before termination.
11. Availability, Maintenance, and Disclaimer of Warranties
We use commercially reasonable efforts to operate the Services. Unless a product-specific service level agreement (SLA) expressly states otherwise, the Services are provided "as is" and "as available." We do not warrant that the Services will always be uninterrupted, error-free, completely secure, fit for a particular purpose, or compatible with every application, location, network, or third-party platform.
We provide advance notice of planned maintenance where reasonably practicable. Emergency maintenance, hardware failure, software defects, upstream or data-center outages, internet routing changes, attacks, government action, natural disasters, war, labor events, power or communications failure, and other events beyond reasonable control may affect the Services. To the extent permitted by law, we are not in breach for delay or non-performance caused by such force-majeure events.
Marketing statements, route descriptions, latency tests, and performance data are references under particular conditions and do not guarantee results for every location, time, carrier, or workload. An applicable SLA credit is the agreed remedy for the corresponding availability event, except for rights that law does not permit us to exclude.
12. Limitation of Liability and Indemnification
To the maximum extent permitted by applicable law, we and our affiliates, employees, agents, contractors, data centers, upstream providers, and licensors are not liable for lost profits, revenue, business, goodwill, data, or opportunities, or for indirect, incidental, special, consequential, punitive, or substitute-service damages, regardless of the legal theory and even if advised that such damage was possible.
To the maximum extent permitted by applicable law, our total aggregate liability arising from a Service and related events will not exceed the amount you actually paid for the affected Service during the six months immediately before the event giving rise to the claim. This limit does not apply to liability that cannot lawfully be excluded or limited.
To the extent permitted by law, you will defend, indemnify, and hold us harmless from third-party claims, losses, penalties, and reasonable costs arising from your content, use of the Services, violation of these Terms or the AUP, infringement of third-party rights, unlawful conduct, or conduct of your customers and end users, except to the extent caused by our willful misconduct or where the law does not permit the obligation. We will provide reasonable notice and allow your participation in the defense, but you may not settle in a way that imposes an obligation or admission on us without our written consent.
13. Changes to These Terms and Notices
We may update these Terms when Services, pricing, technology, risks, or legal requirements change and will show the current update date at the top. We will give reasonable notice of a material change through the website, client portal, account email, or another appropriate method. A material change takes effect on the date stated in the notice or after a reasonable period following publication. A change required for legal, security, or urgent-risk reasons may take effect immediately.
Your continued use after a change becomes effective constitutes acceptance. If you do not accept a material change, you may cancel the affected Service before it takes effect. Accrued fees, minimum terms, non-refundable items, and obligations otherwise required by law remain effective.
Notices sent to the primary email address on your account, the client portal, or a support ticket are effective notices. You are responsible for keeping contact details current and checking spam settings. Legal or contractual notices to us and third-party external complaints must be submitted through the appropriate channel listed in the next section.
14. General Terms and Contact
These Terms and incorporated policies are the entire agreement concerning the Services. If a provision is invalid or unenforceable, it will be modified or separated only to the minimum extent necessary, and the remaining provisions continue in effect. Failure to enforce a right promptly is not a waiver. You may not assign this agreement without our written consent. We may assign it in connection with a merger, acquisition, asset sale, reorganization, or transfer to an affiliate, subject to any notice required by law.
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law rules. Except where mandatory law requires otherwise, the parties will first attempt in good faith to resolve a dispute. If unresolved, the parties consent to the competent state or federal courts located in Wyoming. Before formal proceedings, the claimant should provide a reasonable written description and opportunity to resolve the matter, except for urgent injunctive, intellectual-property, security, or other relief that cannot lawfully be delayed.
The Chinese and English versions are intended to have the same meaning. If they conflict, the English version controls to the extent permitted by applicable law. Payment, Customer Data, intellectual property, investigations, warranty disclaimers, liability limits, indemnification, and general provisions that by their nature should survive termination remain effective.
Contact Channels
Bage Cloud LLC
30 N Gould St Ste R, Sheridan, WY 82801, United States
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