Millida VDS User Agreement

What this service is and how it works

Millida VDS is virtual machine rental: you get a machine of your own with full administrator access, your own public IPv4 address and a control panel. What runs inside the machine is up to you; we are responsible for the machine existing, running and being reachable from the network.

How it is arranged: — you pick a plan and an operating system, the machine is created automatically and issued with an administrator password; — the plan determines the number of processor cores, the amount of memory and the disk size; the public address, the disk type and the bandwidth are the same on every plan; — in the panel you manage the machine: start, stop and reboot, two consoles, the administrator password and access keys, the reverse address record, reinstalling the system, booting from the rescue disk, payment and the action log; — the service is paid from the Millida account balance in advance for 1, 3, 6 or 12 months — the longer the term, the lower the monthly price; — once the paid term ends the machine runs for three more days, then it is stopped with the disk kept, and on the tenth day of arrears it goes into deletion, after which a redemption period remains; — if the machine was down through our fault, we credit extra days of rental — that is the main form of remedy.

What we do: the site and the power, the network and the public address, the operation of the hypervisor, the panel and the consoles, protection of the channel against network attacks, support on the service itself.

What you do: everything inside the machine — the operating system and its updates, passwords and keys, the software installed and its configuration, the content of the disk and its lawfulness, and your own copies of the data.

We do not make and do not keep backups or snapshots of your machine. The only copy of your data is the one you have saved outside the machine.

1. General provisions

1.1. These Terms govern the use of the Millida VDS service — virtual machine rental provided by Market Link LLC, registration number 303671-3301-OOO, taxpayer number 01605202410603, Russian taxpayer number 9909692242, registered address: Kyrgyz Republic, Bishkek, Sverdlovsky district, 62 Kievskaya street (the Company).

1.2. By ordering a machine, the User confirms that they have read these Terms, the General Terms of Use of Millida and the Privacy Policy and accepts them in full.

1.3. Renting a virtual machine is a standalone service. The terms of game server rental (the Millida Hosting User Agreement) do not apply to it: a virtual machine has no game panel, game versions or add-ons, and the system inside it is administered by the User.

1.4. The machine is provided as a computing resource. The Company does not administer the User's system, does not configure the software the User has installed and does not manage the content of the disk.

How this document is accepted

This document is an offer within the meaning of applicable law and is addressed to an indefinite range of persons.

The document is deemed accepted the moment the User performs any of the following: — ticking the consent box in the platform interface; — completing account registration; — placing an order, a deal, a withdrawal request or a service request; — actually using the relevant service — for documents that do not provide for a separate consent box.

Where acceptance is a distinct action in the interface — a consent box, registration or placing an order — the Company records it in an electronic journal together with the date and time, the document version, the checksum of its text, the IP address and information about the User's software. Such a record is evidence that the contract was concluded and is recognised by the parties as the equivalent of a handwritten signature. An extract from the journal can be requested from support.

For documents accepted by actually using the service, the service usage records themselves serve as evidence of acceptance.

2. What the service includes

2.1. The plan determines the number of processor cores, the amount of RAM and the disk size. The public IPv4 address is not part of the plan price and is charged as a separate mandatory line: a machine is not provided without an address. The parameters of the plans in force, the plan price and the address price are published on the website and form part of these Terms.

2.2. Regardless of the plan, the service includes: — one public IPv4 address (charged as a separate line on top of the plan price); — full administrator access to the machine's system; — a control panel for the machine with load metrics and an action log; — two consoles — a text console and a screen console — that work even when network access to the machine has been lost; — reinstalling the system with a choice from the published list, and booting from the rescue disk; — a reverse address record (PTR) set by the User.

2.3. The administrator password is issued when the machine is created, is stored by the Company in encrypted form and is shown to the owner in the panel. The User may change it at any time and must do so where compromise is suspected. Access keys are set by the User.

2.4. The following are not part of the service and are not provided: snapshots and backups of the machine, a second public address, IPv6 addresses, installing arbitrary system images, moving the machine between nodes, administering the User's system and software.

2.5. The Company does not guarantee uninterrupted operation of the machine. Planned maintenance, updates and restarts are possible without prior notice where they take an insignificant amount of time; the Company gives advance notice of works requiring a long stop of the machine by available means of communication.

2.6. The Company may change the set of panel features and the list of available systems, and discontinue support for outdated systems, having notified the User by available means of communication.

3. The User's data and destruction of the disk

3.1. The Company does not create backups or snapshots of the machine, does not keep them and does not restore data inside the machine. The safety of the data is ensured by the User, who keeps copies outside the rented machine.

3.2. Reinstalling the system wipes the disk completely. The action is performed by the User in the panel; it does not require the Company's confirmation, cannot be cancelled and cannot be undone.

3.3. Destroying the machine wipes the disk irreversibly. After destruction the content of the disk is not recoverable either through the panel or through support, and the public address returns to the shared pool and may be issued to another User.

3.4. The Company is not liable for the loss of data inside the machine: deleted files, damaged databases, the consequences of mistaken commands, of a failure of the User's software, of a failure of their configuration or of the actions of a person who gained access to the machine.

3.5. The User downloads the data they need while the machine is running. For a machine stopped for non-payment the disk is kept, but access to it is not provided until payment.

4. Areas of responsibility

4.1. The Company is responsible for: — the availability of the site, the network and the machine's public address; — the operation of the hypervisor and the allocation of the plan's resources to the machine; — the operation of the panel, the consoles, the reinstall and the rescue disk; — protection of the channel against volumetric network attacks on the infrastructure; — the correctness of charges and the accounting of the paid term.

4.2. The User is responsible for: — the operating system, its updates and its configuration; — passwords, access keys and the separation of rights inside the machine; — the software installed, its operation and its vulnerabilities; — the content of the disk, its lawfulness and compliance with third-party rights; — their own copies of the data; — the machine's outbound traffic and everything that happens from its address.

4.3. The Company's support handles questions about the service itself: provisioning the machine, availability, the panel, the consoles, the network, the address, payment. Configuring systems and software inside the machine is not part of the service; knowledge base articles are for reference and do not oblige the Company to perform the configuration for the User.

4.4. Actions taken from the User's account and inside their machine are deemed to be the User's actions. Responsibility for the machine does not depend on whether the action was taken by the User themselves, by their employee or by a person who gained access without their knowledge.

5. Rules of use

5.1. It is prohibited to use the machine, or to allow third parties to use it, for: — sending unsolicited messages, including to purchased address lists; — network attacks, taking part in them and hosting command servers of malicious networks; — scanning other people's networks and hosts, cracking passwords and access keys; — mining cryptocurrencies and other tasks whose point is to load the shared resources of the node around the clock to the detriment of neighbouring machines; — hosting unlawful content, materials that infringe third-party rights, and personal data of third parties without a lawful basis; — phishing, fake payment pages and websites passing themselves off as other services; — hosting open proxy servers, open name resolvers and other services used as attack amplifiers; — providing third parties with means of circumventing blocking and concealing the network address as a service; — running VPN servers, proxy servers and other means of tunnelling traffic and concealing the network address on the machine, including for the User's own needs.

5.2. A VPN server on a single address makes regulators block the Company's whole subnet together with other Users' machines. For this reason, on addresses of the Company's own network, VPN server protocols (WireGuard, IPsec, L2TP, PPTP, OpenVPN) are blocked automatically on the node side, and signs of other tunnelling tools are detected by node monitoring and handled under clause 5.4. Such blocking is not a fault of the service. Connecting the machine as a client to third-party services is not restricted by this clause.

5.3. The load of a machine must not disrupt the operation of neighbouring machines on the node. The Company may limit the resources of an individual machine where its load goes beyond the plan or affects other Users.

5.4. The order of response to a complaint or to an alert from node monitoring: — a warning to the owner describing what was recorded, with a reasonable period to remedy it; — limiting the bandwidth or a particular kind of traffic where the harm continues; — suspending the machine; — terminating the contract and discontinuing the service upon a gross or repeated breach.

5.5. Where there is a clear and continuing threat to third parties — a mailing, participation in an attack, the operation of a command server of a malicious network — the Company may limit or suspend the machine immediately and investigate afterwards, having notified the User by available means of communication.

5.6. Measures under this section do not wipe data: the disk is kept and the User gets the opportunity to remove the cause.

5.7. The User may challenge a measure by contacting support (t.me/MillidaTeamBot). If the breach is not confirmed, the Company lifts the measure and extends the paid term by the time of the downtime.

6. Technical limits

6.1. Outbound connections of the machine to the mail ports 25, 465 and 587 are closed by default on the node side and are opened upon a request to support describing the nature of the sending. Receiving mail is not restricted. This limit cannot be worked around by settings inside the machine.

6.2. The machine's bandwidth, its disk speed and the number of new outbound connections per second are limited. The values in force are published on the website and form part of these Terms. A short burst above the disk speed limit is allowed by the technical means of the node and is not a guarantee.

6.3. The public IPv4 address is provided for temporary use for the term of the machine's rental and stays with it across reboots, system reinstalls and plan changes. The address is not the User's property and is not transferable to another machine, to another User or to another service provider. When the machine is destroyed the address returns to the shared pool.

6.4. The reverse address record is set by the User. The Company may reject or remove a record that is misleading or infringes third-party rights.

6.5. A plan is only changed to a more expensive one: the difference for the remaining days of the paid term is charged. Downgrading the plan and shrinking the disk are not performed.

6.6. The limits of this section are a property of the service agreed by the parties rather than a defect of it, and they are not grounds for a refund.

7. Suspension and termination of the service

7.1. The Company sends two reminders that the paid term is coming to an end: 3 (three) days before and one day before. Reminders go to the account notification feed and to the linked communication channel; not receiving a reminder does not release the User from payment.

7.2. Where payment is absent once the paid term has ended: — for the first 2 (two) days of arrears the machine keeps running and, where automatic renewal is on, charge attempts are repeated; — on the 3rd (third) day of arrears the machine is stopped; the disk, the settings and the address are kept, and nothing is charged for a stopped machine; — on the 10th (tenth) day of arrears the machine goes into deletion; — after it goes into deletion a redemption period of 72 (seventy-two) hours applies: the disk still exists and payment returns the machine together with the data, while the time remaining is shown in the panel; — once the redemption period expires the disk is destroyed irreversibly and the address returns to the shared pool.

7.3. The Company may suspend the machine, limit its resources or block access without prior notice in the following cases: — a breach of these Terms, of the General Terms of Use of Millida or of the law; — a request from a rightsholder, a telecom operator, a payment system or an authorised body; — a threat to the security, stability or availability of the Company's infrastructure and of other Users; — non-payment for the service within the set period.

7.4. The paid term falling within a suspension caused by the User is neither extended nor refunded.

7.5. Where the service is terminated at the Company's initiative the machine is moved into deletion; the redemption period under clause 7.2 applies where keeping the disk does not conflict with a demand of an authorised body. Once that period expires the disk is destroyed.

7.6. The User withdraws from the service by turning off automatic renewal in the panel or by contacting support. Ending the rental early does not turn the remainder of the paid term into a refund: billing is monthly, there is no hourly billing.

7.7. The User moves domain name records pointing to the machine to another address in advance and revokes the access to external services granted to it. The Company is not liable for the consequences of the released address being taken by another User.

8. Payment and refunds

8.1. The service is paid in advance for the chosen term from the Millida account balance. The charge for a machine consists of the plan price and the price of the public IPv4 address; both lines are taken in a single payment for the chosen term. The available payment terms (1, 3, 6 and 12 months), the price of each term and the long-term discount are published on the website and form part of these Terms. Billing is monthly; there is no hourly billing and no payment on credit.

8.2. Automatic renewal is on by default: on the day the term ends the Company attempts to charge the balance for the same term as was chosen earlier. Where the balance is insufficient the charge does not go through and is repeated until the consequences described in clause 7.2 occur. The User may turn automatic renewal off in the panel at any time; the paid term is retained.

8.3. Topping up the balance is a standalone service of the Platform, rendered in full the moment the amount is credited to the balance, and is not refundable to the payment instrument; the procedure is set by the Refund and Chargeback Policy (/legal/refunds). An agreed refund for a machine is credited to the Millida account balance.

8.4. A paid term is not refundable. The payment is treated as used if the machine was available to the User, regardless of whether they actually used it. Early withdrawal from the service, finishing a project, choosing the wrong plan, system or payment term, as well as the circumstances that the section "Stage of development of the service" treats as properties of the service, are not grounds for a refund.

8.5. A refund is made where the service was not rendered: the machine was not created after the charge; a plan or a system other than the one chosen at order time was provided; the machine does not start for a reason on the Company's side unrelated to the User's settings; a double charge for a single operation.

8.6. In other cases granting a request is a right of the Company rather than an obligation. The main form of settlement is crediting extra days of rental: up to 7 (seven) days by decision of support upon the first well-founded request, without establishing fault. Credited days do not expire before the rental ends and are retained when the plan changes.

8.7. A refund in money is considered only where crediting days objectively does not solve the matter: the service could not be rendered for more than 30 (thirty) consecutive calendar days, or the rental was terminated at the Company's initiative through no fault of the User.

8.8. A request is filed through support (t.me/MillidaTeamBot) within 14 (fourteen) calendar days of the payment date. The review period is up to 14 (fourteen) calendar days from the moment the Company receives the information needed for the check. No settlement is made where the service was suspended or terminated for a breach, or where there are signs of abuse of requests.

8.9. This section does not limit consumer rights established by mandatory provisions of the law of the User's country of residence.

9. Liability

9.1. The service is provided "as is". The Company is not liable for lost profit, downtime of the User's projects, the loss of clients, data and reputation, nor for any indirect losses.

9.2. The Company's liability is limited to the amount actually paid by the User for the machine for the last paid term.

9.3. The Company is not liable for the acts of third parties, including failures of communication networks, data centres, payment systems and suppliers of software installed by the User.

9.4. The User is responsible for the content of the machine, for the materials posted on it and for the actions taken from its address. Third-party claims connected with the operation of the machine are settled by the User independently.

10. Availability and extension for downtime

10.1. The Company aims to keep the availability of the site at 99.5 % of a calendar month. The figure is calculated from the Company's records separately for each machine.

10.2. The following do not count as downtime: — planned works in the window from 03:00 to 07:00 Moscow time with a total duration of up to 4 (four) hours per month; — emergency works to remove a security threat; — interruptions shorter than 5 (five) minutes; — unavailability caused by the User's system, settings, software or load inside the machine, including the rules of their firewall, exhaustion of memory or disk space, a failed update and a boot failure; — the machine being stopped by the User themselves, as well as unavailability for the reasons set out in sections 5 and 7 of these Terms.

10.3. Confirmed downtime for reasons on the Company's side is remedied by extending the paid term by the duration of the downtime plus 1 (one) day, and where the downtime exceeds 24 (twenty-four) consecutive hours — plus a further 7 (seven) days. Extending the paid term is the only form of remedy under this section.

10.4. Following the check, the cause is assigned to one of the categories: the Company's infrastructure; the User's system and settings; third-party software; a shortage of the plan's resources; a mixed cause; the cause was not established. A mixed cause is counted in the share corresponding to the Company's contribution; a problem recurring for several Users on the same node assigns the cause to the Company's infrastructure.

10.5. The period for establishing the cause is up to 5 (five) business days from the request. The User may challenge the conclusion once within 14 (fourteen) calendar days; the repeat review is carried out by an employee who did not take part in the initial check.

10.6. In the event of a mass outage, days are credited to the affected machines automatically, without requests. A request about an individual case is filed within 30 (thirty) calendar days after the month in which the downtime occurred. The official channel for messages about outages and works is the service status page and notifications in the panel.

11. What data the Company sees

11.1. For each machine the Company processes: the public address and the reverse record set for it; load metrics — processor, memory, disk usage and disk speed, the volume of network traffic; the state of the machine and the results of actions performed; the action log in the panel with the time and who performed them; payment information; the access keys set by the User and the administrator password in encrypted form.

11.2. The Company does not look through the content of the disk, does not read the User's files and databases, and does not store or decrypt the content of the machine's network traffic. The console stream passes through the Company's infrastructure and is not recorded.

11.3. Technical access to the machine's disk from the node side exists and is used only upon a request from the User themselves and to the extent agreed with them, when remedying an incident where restoring operation is otherwise impossible, and upon a lawful demand of an authorised body.

11.4. Node monitoring automatically detects signs of outbound attacks and abnormal load from network and system metrics, without looking at content. A finding creates a record in the machine's log and a notification to the Company.

11.5. The composition of the data processed, its retention periods and the User's rights are described in the Privacy Policy (/legal/privacy).

Stage of development of the service

The services of the Millida platform are at an active stage of development. The Company keeps refining them: adding and changing features, reworking interfaces, infrastructure and pricing.

By placing an order and paying for a service, the User confirms being aware of this and accepts the following properties of the service at this stage: — interruptions, errors, slowdowns and temporary unavailability of individual features are possible; — the set of features, the interfaces and the technical characteristics may change, and individual features may cease to be supported; — the actual performance may differ from the subjective expectations of the User and from the result obtained by other Users.

The service is provided "as is". The circumstances listed above are a property of the service agreed by the parties rather than a defect of it, and they are not grounds for refunding the amounts paid, for a recalculation or for withdrawing from a paid order. This term does not limit the Company's liability for non-performance or improper performance of its obligations, nor the rights of a consumer User, where the law does not permit such a limitation.

The Company takes reasonable steps to remedy confirmed failures. Where a service was in fact not rendered for reasons attributable to the Company, the User may contact support: the procedure for handling such a request and its possible outcomes are set out in the Refund and Chargeback Policy.

Indemnifying the Company

The User undertakes to indemnify the Company and its employees for documented losses, including fines, compensation, court costs and legal fees, arising from: — the User's breach of this document, of other platform documents or of the law; — claims, demands and lawsuits of third parties caused by the User's actions, by the content the User posted, by the goods and services the User sells or by the operation of the User's game server; — the User's infringement of intellectual property rights, including distributing add-ons and modpacks without the rightsholder's permission; — sanctions of payment systems, banks and providers incurred because of the User's transactions, including an elevated chargeback rate and signs of prohibited activity.

The Company notifies the User of a received demand and may conduct the defence on its own, as well as withhold the amount demanded from the User's funds on the platform until the matter is resolved.

Amendments to this document

The Company may amend this document unilaterally. Amendments do not raise the price or shorten the term of a service the User has already paid for: the paid period is rendered at the price and for the term in force at the time of payment.

A new version is published on the website and takes effect 14 (fourteen) calendar days after publication, unless the version itself specifies a later date. Changes driven by legal requirements, decisions of authorised bodies or payment systems, or by the need to remove a security threat take effect immediately upon publication.

Registered Users are notified of material changes in their personal account and (or) at the email address stated in the account. Posting a notice in the platform interface also counts as notification.

A User who disagrees with the new version may, before it takes effect, stop using the relevant service. Any amounts already paid are refunded only in the cases and in the manner set out in the Refund and Chargeback Policy. Continuing to use the service after the new version takes effect means agreeing to it.

All previous versions are retained and available on request from support; rights and obligations that arose earlier are governed by the version in force when they arose.

Final provisions

Governing law. This document and the relations of the parties are governed by the substantive law of the Kyrgyz Republic, without regard to its conflict-of-law rules.

Pre-court claim procedure. Before going to court, a party must send a written claim through support. A claim is reviewed within 10 (ten) business days of receipt. The pre-court claim procedure is mandatory, except for disputes with a consumer User: for them a claim is recommended but is not a precondition for going to court.

Jurisdiction. Failing agreement, the dispute is to be heard by the court at the Company's location. A consumer User may also bring a claim before the court whose jurisdiction is established by consumer protection law, including the court at the User's place of residence.

Evidence. The parties may rely on records of the Company's information systems — operation logs, the ledger of funds movement, message and order history, the document acceptance journal — as evidence. The Company ensures the integrity of these records by recording their time, version and checksum. The User may submit any evidence, including screenshots. Evidence is assessed under the rules of the applicable procedural law.

Language of the contract. The contract is concluded in Russian. Where translations into other languages exist, the Russian text prevails.

Severability. If a particular provision is held invalid or unenforceable, the remaining provisions stay valid; the invalid provision is to be replaced by a valid one closest to it in meaning.

No waiver. The Company's failure to exercise a right does not mean waiving it and does not prevent exercising it later.

Assignment. The Company may transfer its rights and obligations under the contract to an affiliate or a successor upon reorganisation, having notified the User. The User may not transfer its rights under the contract to third parties without the Company's written consent.

Legally significant messages. The parties recognise the legal force of messages sent to the email address stated in the account, through the personal account and through official support channels. The User must keep contact details up to date; the risk of not receiving a message sent to outdated details lies with the User.

Entire agreement. This document, together with the other platform documents, constitutes the entire agreement of the parties on the subject matter and supersedes all prior arrangements.

Survival. The provisions on liability, indemnity, confidentiality, intellectual property, dispute resolution and financial obligations survive termination of the contract.

Company details: Market Link LLC, registration number 303671-3301-OOO, taxpayer number 01605202410603, Russian taxpayer number 9909692242, registered address: Kyrgyz Republic, Bishkek, Sverdlovsky district, 62 Kievskaya street. Support: t.me/MillidaTeamBot.