General Terms and Conditions
These General Terms & Conditions govern all offers, quotations, and subsequent agreements between ColonelServer B.V., located in Amsterdam, the Netherlands, registered under Chamber of Commerce X (“Colonel or Colonelserver”), and its counterpart (“Customer”).
The application of any purchasing terms by the Customer is explicitly rejected. Any terms & conditions deviating from these general terms are only valid if expressly confirmed in writing by COLONELSERVER.
Article 1. Formation of the Agreement
1.1 ColonelServer offers various hosting, colocation, and cloud-related services. Customers can select configurations and options via ColonelServer’s web interface.
1.2 Upon receiving a customer’s selected configuration, ColonelServer will review and approve or reject the order, notifying the Customer via email. ColonelServer reserves the right to reject orders, providing substantiation for such decisions.
1.3 Prices and options on ColonelServer’s website are non-binding and subject to change. The approved request from ColonelServer determines configuration content and pricing.
1.4 ColonelServer reserves the right to correct errors in configuration, including pricing, with prompt notification to the Customer.
1.5 Customers must undergo mandatory KYC/AML verification as part of the ordering process. Failure may lead to order refusal or account suspension, as outlined in the COLONELSERVER Privacy Statement.
1.6 ColonelServer does not provide services or accept registrations from residents of sanctioned countries: Afghanistan, Iran, Syria, Cuba, Sudan, Libya, Turkmenistan, Rusia, Crimea, and North Korea.
Article 2. Provision of Services
2.1 Upon approval, ColonelServer will deploy the specified server and grant access via an administrative account. Customers may create additional accounts through the service interface.
2.2 Customers agree to use strong passwords and implement necessary security measures to protect access to their accounts.
2.3 ColonelServer provides unmanaged services and assumes all activities under Customer accounts are supervised by the Customer. Customers must promptly report unauthorized access.
2.4 Customers are responsible for ensuring ColonelServer has access to all necessary information for service provision.
2.5 Customer information must be accurate and legitimate. Providing false information will result in Customer responsibility.
Article 3. Availability of Services
3.1 ColonelServer strives to maintain service availability but does not guarantee continuous access.
3.2 ColonelServer will work to promptly resolve service interruptions, with Customer cooperation. Third-party interruptions are managed by urging those parties for timely resolutions.
3.3 Technical support is available 24/7 via email and support ticket, billed at ColonelServer’s hourly rate for customer-attributable issues.
3.4 Scheduled maintenance or upgrades may temporarily suspend services without notice, planned during low-usage periods.
3.5 Licensed software provided remains the property of ColonelServer and its licensors. Customers receive a limited, non-transferable license for business use.
3.6 ColonelServer is not obliged to back up customer data unless specifically agreed otherwise in writing.
3.7 Backups, if agreed, are best-effort and may incur recovery fees.
Article 4. Acceptable Use Policy
4.1 Customers must undergo mandatory KYC/AML verification.
4.2 Customers may not use services in violation of applicable laws or COLONELSERVER Terms of Use.
4.3 COLONELSERVER may suspend or terminate services without notice if content or use violates terms.
4.4 Third-party claims of violations will follow COLONELSERVER’s Notice and Takedown procedure and comply with legal orders.
4.5 Excessive use of resources may result in service suspension pending resolution.
Article 5. Domain Names
5.1 Domain registration or transfer is facilitated by ColonelServer as Customer’s intermediary.
5.2 Domain use follows rules set by domain registries, and ColonelServer assumes no liability in domain agreements.
5.3 Successful domain registration requires confirmation from the relevant registry.
5.4 ColonelServer may suspend or cancel domains upon agreement termination for violations.
5.5 Domain fees are non-refundable upon service termination.
Article 6. Pricing and Invoicing
6.1 Prices are in Euros, exclusive of VAT and other government levies. Customer bears payment-related costs.
6.2 Invoicing follows selected terms, with advance payment for services. Additional services are invoiced prior to completion, unless otherwise agreed.
6.3 ColonelServer’s accounting system serves as conclusive evidence unless proven otherwise by Customer.
6.4 Invoices must be paid within fourteen (14) days.
6.5 Non-payment may result in service suspension and a 10% late fee.
6.6 Disputed invoices require written complaint within seven days, with resolution or continued payment as per ColonelServer’s decision.
6.7 Price adjustments may occur twice yearly with one month’s notice.
6.8 Non-refundable products include licenses, domain fees, SSL certificates, and server administration fees.
6.9 Servers are not for mining purposes; no performance claims or refunds related to mining.
6.10 Our services are not email servers; claims regarding email delivery or IP reputation are not accepted.
Article 7. Limitation of Liability
7.1 COLONELSERVER’s liability is limited to direct damages from intentional or negligent performance failures.
7.2 Consequential, special, or punitive damages are excluded.
7.3 Liability is capped at the amount paid by the Customer in the preceding three months.
7.4 Claims must be reported in writing within two weeks; failure may impact liability.
7.5 Customer indemnifies COLONELSERVER against third-party claims.
Article 8. Force Majeure
8.1 Parties are excused from obligations due to force majeure, excluding payment obligations.
8.2 Force majeure includes natural disasters, strikes, and acts of government.
8.3 Prompt notification of delays is required.
Article 9. Term and Termination
9.1 The agreement is effective upon approval, with successive one-month terms until terminated.
9.2 Customer must cooperate with identity verification requests; failure may lead to termination.
9.3 Material breaches may lead to termination after notice and opportunity to remedy.
9.4 Termination generates final invoicing; prior invoices remain due.
9.5 Surviving terms continue post-termination.
Article 10. Changes to the Agreement
10.1 Modifications require written consent.
10.2 COLONELSERVER may amend terms with notice; objection allows termination.
10.3 Failure to object within 10 days implies acceptance.
Article 11. Applicable Law and Disputes
11.1 Dutch law governs; CISG does not apply.
11.2 Disputes resolved in Dutch courts.
11.3 Invalid clauses replaced by legal alternatives.
11.4 Rights under the agreement remain enforceable.
11.5 Claims must be filed within one year of the cause.
Article 12. Miscellaneous Terms
12.1 Parties are independent contractors.
12.2 Assignment requires consent; affiliates exempt.
12.3 Customer updates contact details as needed.
12.4 Email fulfills written requirements with sender verification.
12.5 Section headings are for convenience only.
COLONELSERVER Terms of Service
Use of COLONELSERVER’s systems and services is subject to the below Terms of Service (hereinafter — ToS) provisions. The use of the Service by Customer, therefore, constitutes acceptance of the ToS.
ToS are governed and interpreted in accordance with the laws and regulations of the country the servers are located at. All possible arising disputes shall be resolved in accordance with the procedure established by the current legislation of the corresponding country.
Limitation of Liability
Dutch Constitution respects freedom of speech. Consequently, we do not censor our Customers on the basis of content. It is Customer’s obligation to ensure the accuracy, integrity, title or ownership and security of anything Customer posts/receives via Internet. The Customer is fully responsible for the content hosted on our servers or network.
Customer agrees to defend, indemnify, and hold harmless COLONELSERVER, its employees, contractors, agents, affiliated companies, and suppliers from all liabilities, claims, and expenses, including attorneys’ fees, which might arise from misuse of the Services by the Customer.
Every action that is performed through Customer’s Services is deemed to occur at Customer’s risk, liability, and obligations. If there is a suspicion of abuse, the Customer shall report it to COLONELSERVER as soon as possible.
Compliance with laws
Customer shall not use the Services for actions that violate the laws and regulations of the country the servers are located at. The Customer is prohibited from posting or transmitting any unlawful material on or via the Internet.
The following violations are considered a breach of COLONELSERVER’s Terms and conditions, ToS and will result in suspension or cancellation of the Services and any fees paid in advance of such suspension or cancellation are non-refundable.
This includes, but is not limited to:
a. Terrorism or related activities, exhortations for mass riots, the implementation of extremist activities, participation in mass (public) events, conducted in violation of the established order, and the assistance or encouragement thereof.
b. Distribution of materials containing child pornography, and/or ads on the involvement of children, as performers in pornographic entertainment events, and information about children affected by crime.
c. Storage or distribution of materials in violation of applicable intellectual property rights; such materials include (but are not limited to) torrent files, magnet links, hash codes, and the like.
d. Distribution of materials on how to commit suicide, as well as exhortations for suicide.
e. The intentional infringement of a third party’s trademark.
f. The operation or control of botnets, viruses, Trojan horses or the like.
g. Transmission of unsolicited commercial electronic messages (“spam”).
h. Storage or distribution of content related to pyramid schemes, Ponzi schemes or multi-level marketing systems.
i. Failure to adhere to reasonable security standards and best practices, including (but not limited to) using outdated software and permitting insecure passwords.
j. Initiation or toleration of processes that can be reasonably assumed to be a nuisance to the general public and/or to have a detrimental effect on the systems used for hosting the Service, including without limitation the execution of denial-of-service attacks, port scanning or automated password cracking, or the mass sending of email.
k. Operation of any public file/images/video sharing service.
l. Posting of personal data without the permission of the owner.
metro. Using the virtual and/or physical service as a public (commercial) proxy/VPN without COLONELSERVER consent.
Technical requirements
When using a Service, a Customer shall comply with the following technical requirements:
a. Any header modification is forbidden.
b. Sending traffic from IPs not assigned by COLONELSERVER is forbidden.
c. Using any IP addresses other than those assigned to external interfaces is forbidden.
d. The maximum allowed PPS (Packets per Second) from a dedicated server is 20.000, from a VM (Virtual Machine) is 5000.
e. Live streaming and setting up of VPN servers is prohibited without securing COLONELSERVER’s approval first.
f. Any server cannot use more than 70% of the allocated bandwidth for more than 3 horas al día.
g. Active DHCP services on external Ethernet interfaces are forbidden.
h. Multicast on external interfaces is forbidden.
i. Port scanning is forbidden.
j. The amount of MAC addresses cannot exceed the amount of assigned IPs.
k. IP spoofing as well as any other falsification of identification data used in network protocols, when transferring data to the Internet, is forbidden.
l. Customers are strictly not permitted to overclock the GPU, change the memory or frequency settings, or modify the BIOS in any manner.
metro. Customers are forbidden to change IPMI/BIOS settings.
n. Customers are not allowed to set a password for BIOS or BIOS booting.
o. Manual restoration works on rectifying issues caused by breaching points l-n are charged at the rate of Eur 100 per hour in 15-minute intervals. Such works are performed as soon as possible during business hours (CET / CEST).
p. Any downtime that occurred as a result of violating points l-n will not be compensated.
q. The use of proxy-ARP is prohibited on the company network.
Usage requirements
When using a VPS, a Customer shall comply with the following technical requirements:
a. Processes should not use 99% of the CPU core for more than 15 minutes in succession.
b. Mining, transcoding and other similar CPU overloading processes and applications are not allowed in a public cloud. We do not offer technical assistance with issues resulting from such use of our services.
c. VM should not work under the conditions of low memory and constantly use host swap cache.
d. The maximum number of simultaneous processes for a container is 100.
e. The number of disk operations should not exceed 1000 IOPS (Input/Output Operations per Second) over a period of 30 minutos.
f. Disk I/O load cannot be more than 1.4 Mb over 30 seconds in 5 minutos.
g. Por razones de seguridad, all VPS have outgoing TCP ports (25, 387, 465) and UDP ports (5060) blocked by default. It is possible to have them opened by submitting a request to our support team.
h. The BYOIP service is available for verified clients and can only be used with dedicated servers. COLONELSERVER reserves the right to stop the announcement without prior notice in case of violation of its Terms of Service. If the Customer’s subnet is getting blocked in Spamhaus or other blocklists, Colonelserver may stop announcing it at its discretion without prior notice. Subnets listed in Spamhaus or other black lists are not eligible for BYOIP services. We will be unable to announce it.
i. VPS deployment is an automated process. Assigned IPs are not subject to replacement.
j. Using Microsoft Windows without properly renting SPLA licenses from Colonelserver on VPS is strictly prohibited. Discovery of running illegal Windows instances will lead to immediate server suspension without prior warning.
k. Using Microsoft Windows on bare-metal servers requires a proper license rented. If the Customer claims to use his own licenses, he should provide proof of license authenticity and authorization from Microsoft (own SPLA contact, etc.). He should also declare in writing that the Customer takes full responsibility for a proper server’s software licensing and guarantees all related expenses reimbursement if there will be any regarding license issues.
l. The discovery of running Microsoft Windows on Colonelserver’s IP addresses without properly obtaining Colonelserver’s SPLA license will lead to the abovementioned request for proof of the customer’s license authenticity. Failure to provide this proof or obtain proper licenses within three business days will lead to service suspension for AUP violation.
metro. Mining on VPS infrastructure is prohibited. The VPS with mining activity will be suspended on sight without a refund/compensation.
n. It is prohibited to use redundancy protocols such as vrrp/hsrp, etc. in shared VLANs without securing an approval from the company.
Resolution of issues
The customer is required to provide COLONELSERVER with accurate information during the course of the Services and when corresponding with COLONELSERVER. It is Customer’s obligation to maintain and enforce these provisions, to maintain its own email addresses for reports and to promptly and appropriately respond to all emails sent to these addresses. COLONELSERVER bears no responsibility or liability for interruption of Service, or damages of any sort, based on communications that was misdirected as a result of Customer’s failure to provide COLONELSERVER with updated contact information.
In the event COLONELSERVER deems that there are possible infringements, damages or other dangers to the operation of its systems or network or third parties and/or Services provided via the Internet, in particular, the leakage of personal data or virus activity, Trojans and similar software, the COLONELSERVER will immediately notify the Customer about such incident by email or other means of communication. COLONELSERVER does its outmost to prevent such dangers or their materialization. COLONELSERVER makes every effort to ensure that any temporarily implemented measures will not have a detrimental impact and/or will not change the provision of the Services.
In connection to the use of the Services, a Customer shall adopt and apply an abuse handling procedure, which is compliant with COLONELSERVER’s complaint procedure, with the law that applies to the Terms and Conditions and with the laws and regulations of the country the servers are located at. COLONELSERVER, in its sole discretion, will determine what action shall be taken in response to a violation of this ToS on a case-by-case basis. Any services takedown notice that is not processed via COLONELSERVER’s compliance procedure will be discarded.
Legal Jurisdiction
ToS is governed and interpreted in accordance with the laws and regulations of the country the servers are located at. All possible disputes arising from the relations governed by ToS shall be resolved in accordance with the procedure established by the current legislation of the country the servers are located at, according to the norms of the country the servers are located at на according to the local norms.
ToS modification
ToS is not exhaustive. COLONELSERVER reserves the right to modify the TOS at any time. Such modifications shall become immediately effective upon posting of the modified the ToS and will be communicated electronically to Customer. The continued use of the Services after a modification has been communicated constitutes Customer’s acceptance of the ToS.
COLONELSERVER reserves all rights not expressly granted herein.
Complaint Procedure
COLONELSERVER upholds high standards of responsible behavior in connection with the utilization of its services. The Company respects the rights of others and expects users of its services to do the same.
COLONELSERVER is committed to combating abuses that undermine its ability to deliver services, and urges all parties to adhere to the following rules to support this objective. If you discover that COLONELSERVER services are being misused in violation of COLONELSERVER’s Terms and Conditions or any applicable law, or if you believe your content has been utilized in a manner infringing upon your rights, you may submit an abuse notification.
The procedure and criteria for abuse notifications are detailed below. Please review this document thoroughly. It should be noted that failure to provide essential information related to the abuse may prevent COLONELSERVER from taking appropriate actions.
- Principles In processing applications under this document, COLONELSERVER adheres to the following principles:
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Limitation of Liability: COLONELSERVER operates within legal bounds and does not control how customers use its services. COLONELSERVER does not assume the role of a judicial or law enforcement entity. COLONELSERVER does not determine the legality of posted content; in case of disputes, applicants should contact law enforcement or a court.
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Presumption of Good Faith: Customer: COLONELSERVER respects its customers and assumes they comply with legal requirements and COLONELSERVER’s Terms and Conditions. Applicant: The application process should not obstruct legal action. Applicants must refrain from tampering with evidence, which is illegal.
- General Conditions 2.1 An application will only be processed if it meets the outlined requirements in this document. 2.2 Only written applications or complaints regarding unlawful and/or illegal content will be considered. Any applications or complaints not following the notice and takedown procedure described below will not be processed. 2.3 Applications must be submitted in the correct language:
- For servers located in the Netherlands and the USA, English is required. 2.4 Applications must be sent in writing to the appropriate COLONELSERVER company address. 2.5 Urgent reports must be sent to [email protected]. Simultaneously, the original report must be sent to the correct COLONELSERVER company address. 2.6 The application must include a statement from the applicant agreeing to indemnify COLONELSERVER for losses incurred due to unwarranted server suspension if false information about the copyright violation is proven afterward. 2.7 Applicants must maintain active email addresses for reports and promptly respond to communications.
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Requirements and Procedure 3.1 Applications must include the following identification details: a. For individuals: first, middle, and last names, passport details (number, issuing authority, issue date), contact information (phone number and/or fax, email address). b. For legal entities: company name, actual and legal addresses, contact information (phone number and/or fax, email address). 3.2 Applications must include one of the following keywords in the subject line: [Child Abuse], [Copyright], [Trademark], [VOIP/SIP], [Phishing], [Spam], [Hack], [Malware], [Gambling], [Zoophilia], [Defamation], [Personal Data], [Pornography], etc. 3.3 The application should specify the IP address where the reported content is located or from which the reported conduct originated. The IP address must be owned by COLONELSERVER. Only one IP address per claim should be included. For multiple IP addresses, separate claims are required. 3.4 Include links to the infringing material or activity. Provide only URLs or domain names hosted on IP addresses belonging to COLONELSERVER. 3.5 Describe the content or conduct being reported and explain why it infringes your rights or violates applicable law or COLONELSERVER’s Terms and Conditions. 3.6 If the applicant is an individual, consent to process personal data must be included. 3.7 Applicants must attach copies of documents proving their rights. Additional relevant documents may accompany the application. If submitted by an authorized person, a copy of their authorization document must be included.
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Specific Requirements for Submission 4.1 A spam claim must include:
- The domain name and complete header and body information of the spam email. Without this information, the complaint cannot be verified. 4.2 A trademark infringement claim must include:
- Registration details (including registration number) of the infringed trademark. 4.3 A copyright infringement claim must include:
- Description of the copyrighted work that has been infringed, including a copy of the copyrighted work or the URL where it can be found. 4.4 Claims for hacking, VOIP/SIP scanning, (D)DoS attacks, and malicious software must include:
- Description of the illegal activities, including date and timestamp, IP addresses of the servers involved, destination port, source port, and log files.
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Application Processing 5.1 Upon submission, applicants will receive an automated acknowledgment with a ticket number. 5.2 If an application does not meet requirements, the applicant will be given an opportunity to amend or clarify it. Failure to meet requirements after this opportunity will result in the dismissal of the claim. 5.3 Updated applications will be reviewed by COLONELSERVER for accuracy. 5.4 COLONELSERVER assesses reports referred to in this document to determine if they are clearly unlawful and/or punishable. 5.5 Information about the status of an application is generally not disclosed, except as required by law.
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Interference with Application Processing Interference with the procedure outlined in this document is prohibited. Actions considered abuse by COLONELSERVER include:
- Repeated applications with false information after inspection results.
- Falsification of documents or information.
- Filing complaints in violation of COLONELSERVER’s Terms and Conditions or using unreliable information.
- Use of automated mailings or robots to access or communicate with COLONELSERVER.
- Submitting duplicate complaints without reference to the original claim number.
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Objection 7.1 In certain cases, COLONELSERVER may allow customers to contest alleged violations by submitting a counter-notice. 7.2 COLONELSERVER will review the submitted information and may reject a counter-notice at its discretion, requiring immediate corrective action if the content or actions are clearly unlawful or subject COLONELSERVER to third-party claims or litigation.
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Modification This document is subject to modification by COLONELSERVER without exhaustive notice. Modifications become effective immediately upon posting and will be communicated electronically to customers. Continued use of services after modification constitutes acceptance of the document.
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Miscellaneous 9.1 This document does not constitute legal advice. For definitive legal advice, COLONELSERVER recommends consulting qualified legal counsel. 9.2 Do not send abuse applications to personal email addresses of COLONELSERVER employees or contact them about abuse on personal mobile numbers.
Refund Policy
In the event of early termination of services by the Client, refunds for unused time are handled as follows:
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Upon request, unused funds are refunded to the Client within 3 business days through the original payment gateway.
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Unused funds from the following services with a monthly rental term are automatically credited to the Client’s account balance upon early termination by the Client:
- Webhosting services
- VPS/Dedicated servers only in Netherland location
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Manual refunds to the credit balance are processed upon request via the ticketing system under the following conditions:
- If the service includes an OS/software license
- For customized/non-standard configurations
- For services with a prepayment term of 3+ months, discounts, or other special arrangements
In the case of manual refunds upon service cancellation, unused funds are returned to the Client after deducting the cost of the full months of service usage, including the month during which the service was terminated. A full month is defined as a billing month, excluding discounts.
All information on this page has been collected and presented by artificial intelligence. Therefore, it cannot be cited at this time
The right to edit and update this page and the rules of the website is reserved for Colonelserver and can edit part or all of the content and rules at any time.
