Tempest Terms of Service

1. Eligibility and account responsibilities

You represent that you are legally able to enter into these Terms and that any information you provide is accurate and kept up to date. By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority and have given consent for any of your minor dependents to use the Site. If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

The Site and Services may include communications from us, such as service announcements and administrative or legal notices. These communications are part of the Services and you cannot opt out of receiving them.

2. Services and service changes

We provide infrastructure and related services, which may include dedicated servers, virtual servers, colocation, networking, security features, and support options. Services may vary by location, product line, and availability.

We may modify, update, suspend, or discontinue any part of the Services at any time. Where practical, we will provide reasonable notice of material changes that affect active Services.

3. Orders, provisioning, and delivery

Provisioning timelines may vary. Any estimated delivery or deployment windows are non-binding. You are responsible for confirming that the Services you order meet your technical requirements prior to purchase.

4. Fees, billing, taxes, and payment methods

You agree to pay all fees associated with your order, including recurring fees, usage-based charges (if applicable), setup fees, add-ons, and applicable taxes.

You authorize us (and our payment processors) to charge your selected payment method for amounts due. If a payment fails, we may suspend or terminate Services until payment is successfully collected.

Some payment methods may be non-reversible (for example, certain cryptocurrency payments). Where applicable, you acknowledge that refunds, reversals, and chargebacks may not be available or may be restricted for those methods.

5. Refunds

If you request a refund due to dissatisfaction, we may provide a refund for payments made within 48 hours of the request in the form of account credit, subject to eligibility. Payments made using cryptocurrency are not refunded to the original payment method; where a refund is approved for a cryptocurrency payment, it will be issued as account credit.

Refund requests made outside the 48-hour window are not eligible for a refund. We may, at our sole discretion and provided no other Terms have been violated, grant a partial refund in the form of account credit usable toward our Services.

Refunds are not available for preorders. All payments made toward preorder products or services are final and non-refundable, except at our sole discretion.

We reserve the right to deny a refund where any of the following apply: violation of these Terms, outgoing DDoS activity, hosting illegal content, participation in attacks on our network, or other conduct we deem unsuitable in our sole discretion.

6. Acceptable Use Policy

You may not use the Services to engage in, facilitate, or promote unlawful, harmful, or abusive activity, including (without limitation):

• Unauthorized access, scanning, exploitation, or intrusion attempts.
• Transmission or distribution of malware, viruses, worms, or any code of a destructive nature, botnets, credential theft, phishing, or fraud.
• Hosting or distributing illegal content.
• Hosting or distributing content that you do not hold the necessary licenses or rights to, including pirated software, media, or other unlicensed copyrighted material.
• Tunneling, proxying, or otherwise relaying traffic from other providers or networks through our network for the purpose of providing DDoS mitigation or protection services.
• Tunneling or relaying traffic through our network to provide network services of any form (including, without limitation, transit, VPN exit, proxying, or filtering services) to third parties, without our prior written consent.
• Coordinating or conducting attacks of any kind (including DDoS), or generating traffic that disrupts networks or services.
• Abusive, harassing, or threatening behavior, including targeting our staff, partners, or other customers.
• Any activity that violates applicable laws, regulations, or third-party rights.

We may suspend or terminate Services immediately if we believe your use creates risk to the network, other customers, third parties, or Tempest.

7. Security and customer responsibilities

You are responsible for securing your systems, applications, and credentials, including:

• Keeping operating systems and software up to date.
• Using strong authentication and access controls.
• Maintaining backups and recovery plans.
• Securing applications and configurations you deploy.

We are not responsible for compromises caused by your applications, credentials, misconfigurations, or third-party software.

8. Network integrity, abuse handling, and enforcement

We maintain policies and controls to protect our network and customers. We may rate-limit, filter, null-route, or otherwise mitigate traffic to preserve network stability, including during attack conditions.

If we receive complaints, abuse reports, or legal notices relating to your use, you agree to cooperate promptly and to remediate issues within the timeframe we specify.

9. Colocation-specific terms

For colocation, you are responsible for:

• Hardware ownership, licensing, and compliance.
• Packaging, labeling, and shipping logistics.
• Ensuring your equipment meets datacenter requirements (power draw, dimensions, airflow, safety standards).

We may refuse equipment that poses safety, compliance, or operational risks.

10. Support

Support availability may vary by product. Unless expressly stated otherwise on the Site or in an order form, support is provided on a commercially reasonable basis and may be subject to fair-use limitations.

11. Third-party services

Certain components of the Services may rely on third parties (datacenters, carriers, payment processors, software vendors). We are not responsible for third-party failures outside our reasonable control.

12. Intellectual property

The Site, branding, and all related content and materials are owned by or licensed to Tempest and are protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer the Site or Services except as expressly permitted by law or in writing by Tempest.

You agree not to reproduce, duplicate, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site without our express written permission. You may not publish, transmit, create derivative works from, participate in the transfer or sale of, or otherwise exploit any protected content found on the Site, in whole or in part. Tempest content is not for resale.

You will not delete or alter any proprietary rights or attribution notices in any content. You do not acquire any ownership rights in any protected content, and no licenses, express or implied, are granted to the intellectual property of Tempest or its licensors except as expressly authorized by these Terms.

13. Customer content and data

You retain all rights in your content and data. You grant Tempest a limited license to host, process, and transmit your data solely to provide the Services, maintain security, and comply with legal obligations.

You understand that your content (not including payment card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.

14. Suspension and termination

We may suspend or terminate Services immediately for:

• Non-payment,
• Violations of these Terms,
• Network abuse or security risk,
• Legal or regulatory requirements,
• Actions that materially impact service integrity.

In addition, we have the right, but not the obligation, to take any of the following actions at our sole discretion at any time and for any reason, without prior notice:

• Restrict, suspend, or terminate your access to all or any part of the Site or Services,
• Change, suspend, or discontinue all or any part of our products or the Site,
• Refuse, move, or remove any content that is available on all or any part of the Site,
• Deactivate or delete your accounts,
• Establish general practices and limits concerning the use of the Site and Services.

You agree that we will not be liable to you or any third party for taking any of these actions.

Upon termination, your access ends and you remain responsible for outstanding balances. Data deletion and retention are addressed in the Privacy Policy and/or any applicable data handling terms.

15. Disclaimers

The Site and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

16. Limitation of liability

To the maximum extent permitted by law, Tempest will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising from or related to your use of the Services.

Tempest’s total liability for any claim will not exceed the amount you paid to Tempest for the affected Service during the three (3) months preceding the event giving rise to the claim.

17. Indemnification

You agree to defend, indemnify, and hold harmless Tempest, its affiliates, and its personnel from claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your content, or your violation of these Terms or applicable law.

18. Governing law and disputes

These Terms are governed by the laws applicable to AGX Management Consultancy FZCO, without regard to conflict of law principles. Venue and dispute procedures will be as permitted and required by applicable law, and may be further specified in ordering documentation where relevant.

19. Changes to these Terms

We may update these Terms from time to time. Continued use of the Site or Services after changes become effective constitutes acceptance of the updated Terms.

20. Contact

For questions about these Terms, contact us using the support or contact methods listed on the Site.