Terms & Legal | Peck Servers

Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") govern access to and use of websites, applications, hosting, cloud, SaaS, billing, support, and related services (collectively, the "Services") operated by Peck Servers ("we," "us," or "our"). By creating an account, placing an order, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

We may offer additional product-specific terms, order forms, or acceptable-use policies; if there is a conflict, the order form or product-specific terms control for that product only.

2. Services

We provide internet infrastructure, hosting, networking, security, software platforms, and related technical services. Features, capacity, and pricing are described on our site or in your order. We may modify, suspend, or discontinue any part of the Services with reasonable notice when practicable, except for urgent security, legal, or abuse-related actions.

3. Eligibility and accounts

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract. You are responsible for all activity under your account, for maintaining accurate registration and billing information, and for safeguarding credentials and API keys. Notify us promptly of unauthorized access.

4. Acceptable use

You will not use the Services to:

Violate any law, regulation, court order, or third-party rights (including intellectual property, privacy, and publicity rights).
Send spam, phishing, malware, or unsolicited bulk communications.
Attack, probe, or disrupt networks or systems (including ours or others'), or circumvent security or access controls.
Host or distribute illegal content, child sexual abuse material, or content that promotes violence or harassment.
Mine cryptocurrency on shared resources without our written approval.
Resell or sublicense the Services except as expressly permitted in writing.

We may investigate suspected violations and cooperate with law enforcement. Violations may result in immediate suspension or termination without refund.

5. Customer content and license

You retain ownership of content you upload or transmit ("Customer Content"). You grant us a limited license to host, copy, transmit, and process Customer Content solely to provide and secure the Services, comply with law, and enforce these Terms. You represent that you have all rights necessary for Customer Content and that it does not violate these Terms.

We are not obligated to monitor Customer Content but may remove or disable access to material we believe violates these Terms or law, including upon valid copyright notices submitted through our abuse/DMCA process.

6. Third-party services

The Services may integrate with third-party payment processors, registrars, CDNs, or software. Those services are governed by their own terms. We are not responsible for third-party outages, acts, or omissions.

7. Fees, billing, and refunds

Fees are due as stated at checkout or in your invoice. Unless stated otherwise, subscriptions renew automatically until cancelled. You authorize us and our payment partners to charge your payment method. Taxes may apply. Except where required by law or expressly stated in writing, fees are non-refundable, including after suspension for cause. Chargebacks or payment disputes may result in account suspension and collection costs.

8. Service levels and disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not guarantee specific uptime unless a separate written SLA applies to your plan.

9. Limitation of liability

To the fullest extent permitted by law, Peck Servers and its owners, officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business interruption, arising from or related to the Services or these Terms, even if advised of the possibility.

Our total aggregate liability for any claims arising out of or relating to the Services or these Terms is limited to the greater of (a) amounts you paid us for the Services in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum permitted by law.

10. Indemnification

You will defend, indemnify, and hold harmless Peck Servers and its affiliates from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) Customer Content; (c) your violation of these Terms or law; or (d) any dispute between you and your users or customers.

11. Suspension and termination

Either party may terminate as provided in your plan or order. We may suspend or terminate immediately for non-payment, abuse, legal risk, or breach. Upon termination, your right to use the Services ends. We may delete data after any posted retention period; you are responsible for backups and export before termination.

12. Copyright and DMCA

We respect intellectual property rights. If you believe material on our Services infringes your copyright, submit a notice through our Abuse / DMCA report form with the information required by 17 U.S.C. § 512. We may terminate repeat infringers. Counter-notices may be submitted as described in our process or applicable law.

13. Dispute resolution

Informal resolution. Before filing a claim, you agree to contact us and attempt to resolve the dispute informally for at least thirty (30) days.

Arbitration. Except for small-claims matters or injunctive relief for misuse or IP violations, disputes will be resolved by binding individual arbitration under the rules of a recognized arbitration provider, not in a class or representative action. You may opt out of arbitration within thirty (30) days of first accepting these Terms by written notice to our contact address.

Governing law. These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law rules, except where mandatory consumer protection law in your country of residence applies.

14. General

Entire agreement. These Terms and referenced policies are the entire agreement regarding the Services.
Severability. If any provision is unenforceable, the remainder stays in effect.
No waiver. Failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms without our consent; we may assign in connection with a merger or sale.
Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.

15. Contact

Questions about these Terms: use our contact form or the address on file for Peck Servers.

Privacy Policy

1. Introduction

This Privacy Policy describes how Peck Servers ("we," "us") collects, uses, shares, and protects personal information when you visit our websites, create an account, purchase services, or communicate with us.

2. Information we collect

Account and profile: name, email, username, password hash, role, billing identifiers, and support history.
Billing: payment status and subscription metadata processed by our payment partners (we do not store full card numbers on our servers when a processor tokenizes payment data).
Technical and usage: IP address, browser type, device identifiers, logs, cookies, pages viewed, and security/abuse signals.
Customer Content: data you upload or host through the Services, processed only to provide the Services.
Communications: messages you send via forms, email, or tickets.

3. How we use information

Provide, operate, secure, and improve the Services.
Process payments, invoices, and account administration.
Respond to support requests and communicate about the Services.
Detect, prevent, and investigate fraud, abuse, and security incidents.
Comply with legal obligations and enforce our terms.
With consent or as otherwise described at collection.

4. Legal bases (EEA/UK visitors)

Where applicable, we process personal data based on contract performance, legitimate interests (security, improvement, fraud prevention), legal obligation, or consent.

5. Sharing and disclosure

We may share information with:

Service providers (hosting, email, payment, analytics) under contractual confidentiality and security obligations.
Law enforcement or regulators when required by law or to protect rights, safety, and security.
Successors in a merger, acquisition, or asset sale.

We do not sell personal information for money. We do not share data for cross-context behavioral advertising where prohibited without consent.

6. Cookies and similar technologies

We use session cookies and similar technologies for authentication, preferences, security, and basic analytics. You can control cookies through browser settings; disabling cookies may limit functionality.

7. Data retention

We retain information as long as needed to provide the Services, meet legal obligations, resolve disputes, and enforce agreements. Retention periods vary by data type and may extend for backups and logs for a limited time.

8. Security

We use reasonable administrative, technical, and organizational safeguards. No method of transmission or storage is completely secure; you use the Services at your own risk and should protect your credentials.

9. International transfers

We may process data in the United States and other countries where we or our providers operate. Where required, we use appropriate safeguards for cross-border transfers.

10. Your rights and choices

Depending on your location, you may have rights to access, correct, delete, restrict, or port personal data, and to object to certain processing. To exercise rights, contact us; we may verify your identity. You may unsubscribe from marketing emails using the link in those messages.

11. California residents (CCPA/CPRA)

California residents may have rights to know, delete, correct, and opt out of certain sharing. We do not sell personal information as defined by California law. Authorized agents may submit requests with proof of authority. We will not discriminate for exercising privacy rights.

12. Children

The Services are not directed to children under 13 (or 16 where applicable). We do not knowingly collect personal information from children. Contact us to request deletion if you believe we collected a child's data.

13. Third-party links

Our sites may link to third-party sites. Their privacy practices are not governed by this policy.

14. Changes

We may update this Privacy Policy. Material changes will be posted with an updated "Last updated" date. Continued use after changes constitutes acceptance where permitted by law.

15. Contact

Privacy questions: use our contact form or the address on file for Peck Servers.