TOS - Terms of Service

These Terms "Terms of Service") govern your relationship with ifog.ch and my.ifog.ch (the Service) operated by iFog GmbH ("us", "we", "our").

Users of all Services provided by iFog GmbH accept those Terms by using and or ordering a Service.

Service use:
We prohibit certain use cases on ALL of our Services:
-Spam and mass mailing - port 25 is blocked per default.
-Storing and distributing copyright-protected content
-Storing and distributing content banned under Swiss and /or European law
-Hosting of Public VPNs and Proxies
-Web data scraping
-Running Pentesting, Portscans, and any other malicious activities
-IP spoofing and related malicious activities
-Operating bandwidth-intensive applications
-Using our Services to disturb or potentially harm others -eg. hacking, etc.

This list is not complete, we reserve the right to add, remove, and/or extend this list at our discretion.
Customers violating those terms may be suspended at any time and no refund will be granted.

Service transfers are possible on a case-by-case basis, however, a transfer fee of CHF 5.- is charged to the receiving party as manual adjustments have to be made. The receiving party must have an active iFog account in good standing and pass fraud checks.

Our FAQs are part of this TOS:
BGP FAQ
BYOIP FAQ

SLA
All our services are offered on a best-effort basis. We don’t offer any SLA.
We don’t guarantee IP geolocation or type.

Fair-use Policy:
Fair-Use Traffic is considered 1TB/month per 1GB RAM on normal VPSs and 5TB per GB RAM on IXP VMs, on Dedicated Servers its 10TB. We reserve the right to revise this fair-use policy at any time.

Refunds:
All Products are ordered as-is. Upgrades may be possible at any time; downgrades are possible at our discretion. By ordering you accept that we activate orders within 24h and there is no right to return after your Service has been provisioned. Abuse of any kind void your right for a refund.
In case you are not happy with your Ordered Service please contact us. Depending on your case we will be able to process a full or partial refund. We reserve the right to credit your account instead of a refund.

Payments:
We accept Payments in CHF over PayPal, Credit Card, and Bank Transfer and EUR only over Bank Transfer with the Exchange rate listed on the Invoice.
Certain Services cant be Paid over Credit Card or PayPal. We may refuse to process a Credit Card Payments for newly registered clients.
By adding a credit card you are giving iFog GmbH authority to charge this credit card for any invoices issued under this account.
By adding a PayPal Subscription you recognise that you are responsible to manage, cancel or suspend subscriptions. Excess amounts will be added as account credit.
If a customer requests a Chargeback or opens a dispute, we reserve the right to immediately close the account and terminate all services.
Account Credit earned over our Affiliate System cannot be paid out in any case. The usage and earning of Credits may be only possible on certain products.
Account Credit that has been added may not be refunded.
If a customer fails to pay the invoice within 5 days of the first late notice, we reserve the right to cancel the service with immediate effect.

Customer Data:
Customers must enter correct and true Information into our system. If we detect an account has wrong, missing and/or false details on record we reserve the right to immediately terminate all services.

Liability:
iFog GmbH is not liable for any damage resulted by unavailability of any services. This includes Hardware failure, natural disasters or any other circumstance that could lead to unavailability of a service.
iFog GmbH shall not be liable for any damage arisen by service suspension due to late payment and or abuse.
iFog GmbH is not liable for any damage to customer hardware.
At our discretion you may receive account credits in case of a failure arisen due to mishandling on our side.

Termination:
Customers must open a Ticket to terminate a Service. Services can be terminated with a notice of 14 days to the end of the service period.

Colocation Hardware return is to be organised with Support and may differ from site to site, customer can either pick up Hardware at the Datacenter or provide shipping materials and label.

We reserve the right to revise this TOS at any time without direct notification.

Governing Law is Switzerland, place of jurisdiction is Avers, Switzerland.