Terms of Service

1.1 Acceptance of Terms

By ordering, accessing, or using any Sucura service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use our services.

1.2 Service Agreement

These Terms, along with any service-specific terms, order forms, and our Acceptable Use Policy, constitute the complete agreement between you and Sucura Networks.

1.3 Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated via email or service announcement with at least 30 days notice. Continued use of services after changes take effect constitutes acceptance.

1.4 Account Responsibility

You are responsible for:

• Maintaining accurate account and billing information
• Keeping login credentials secure
• All activity under your account
• Ensuring authorized users comply with these Terms

1.5 Payment Terms

• Services are billed in advance on a monthly basis unless otherwise agreed
• Payment is due upon invoice
• Accepted methods: Credit card, PayPal, cryptocurrency, wire transfer
• Late payments may result in service suspension after 7 days
• Returned payments incur a $25 fee

1.6 Non-Payment, Collections & Debt Recovery

Service Usage as Proof of Debt:

Sucura maintains comprehensive logs and records of all service usage including but not limited to:

• BGP session activity and traffic volume (including flow data, session logs, and peering records)
• GRE tunnel usage, bandwidth consumption, and connection duration
• Server resource utilization (CPU, RAM, disk I/O, network traffic)
• IP address assignments and routing announcements
• Colocation power consumption and bandwidth usage
• Authentication logs and service access records

These records constitute legally admissible evidence of service consumption and form the basis for debt claims. By using our services, you acknowledge that these records are accurate and may be used in collection proceedings or legal action.

Interest on Overdue Amounts:

• Invoices unpaid beyond their due date accrue interest at 2% per month (24% annual) or the maximum rate permitted by applicable law, whichever is lower
• Interest compounds monthly on the unpaid balance
• Interest continues to accrue until the debt is paid in full

Collections & Legal Action:

For unpaid balances, Sucura reserves the right to pursue any and all legal remedies including but not limited to:

• Third-Party Collections: Referring your account to professional collection agencies operating in your jurisdiction
• Legal Action: Filing lawsuits in Ontario, Canada or your local jurisdiction to recover amounts owed
• Liens & Judgments: Obtaining judgments and placing liens against your personal or business assets, property, or company registration as permitted by applicable law
• Credit Reporting: Reporting unpaid debts to credit bureaus and business credit agencies in applicable jurisdictions
• Asset Recovery: Pursuing wage garnishment, bank account levies, or other asset seizure mechanisms as permitted by law

Recovery Costs & Fees:

You are responsible for all costs associated with debt recovery including:

• Collection agency fees (typically 25-40% of amount owed)
• Legal fees and court costs (including attorney fees, filing fees, service fees)
• Investigation and skip-tracing costs
• International collection costs if applicable
• All other reasonable costs of collection

Jurisdiction & Global Operations:

Sucura Networks Inc. is incorporated and registered in Ontario, Canada, and operates network infrastructure globally. While our Terms are governed by Ontario law, we maintain the right to pursue debt collection and legal action in:

• Ontario, Canada (our primary jurisdiction)
• Your local jurisdiction (country, state, or province where you reside or operate)
• Any jurisdiction where you maintain assets or business operations
• Any jurisdiction where enforcement would be most effective

By using our services, you consent to jurisdiction in Ontario, Canada as well as your local jurisdiction for debt collection purposes.

Service Suspension vs. Termination:

We may suspend (rather than terminate) services for non-payment. Suspension does not relieve you of payment obligations. If services remain suspended but accessible or if you continue consuming resources (such as maintaining BGP sessions, holding IP assignments, occupying colocation space, or keeping accounts active), you continue to accrue charges and debt.

1.7 Refunds

• Monthly services: Prorated refund available within first 7 days if service does not meet specifications as advertised
• Setup fees are non-refundable once work has begun
• No refunds for services terminated due to Terms violations
• Custom solutions: Refund terms specified in individual agreements

1.8 Service Level Agreement (SLA)

Uptime Target: We target 99.9% monthly uptime for all services (excluding scheduled maintenance). This is an operational goal, not a guarantee.

Calculation: Uptime is measured per service. Scheduled maintenance windows (announced 48+ hours in advance) are excluded from uptime calculations.

SLA Credits: If uptime falls below 99.9% in a calendar month, you may request a service credit:

• Below 99.9%: 5% service credit
• Below 95.0%: 10% service credit

To claim SLA credit:

• Submit request within 7 days of month end
• Provide details of downtime experienced
• Credit applied to next invoice (not cash refund)
• Maximum credit per month: 10% of monthly service fee

SLA Exclusions:

• Downtime caused by your configuration or actions
• Scheduled maintenance (with 48h+ notice)
• DDoS attacks exceeding mitigation capacity
• Force majeure events
• Third-party service failures (upstream transit, facility power, etc.)
• Emergency maintenance required for network/security protection

2.1 Service Description

SucuraGuard provides DDoS mitigation services including:

• GRE tunnel-based traffic scrubbing
• BGP-based traffic diversion and announcement
• Always-on or on-demand protection options
• Real-time attack detection and mitigation

SucuraGuard is designed as a DDoS MITIGATION service. It is not intended as a replacement for standard internet transit or bandwidth services.

2.2 Pricing & Fair Use

Our standard packages (100Mbps, 1Gbps, 10Gbps) are priced to be accessible and fair. We believe quality DDoS protection should be available to everyone, from hobbyists to enterprises.

2.3 Sustained Usage - Resolution Process

If your usage patterns indicate you may benefit from a different solution:

1. STEP 1 - Notification (Day 0): We will contact you via email or Discord to discuss your usage. This is a conversation, not a warning.
2. STEP 2 - Resolution Period (30 Days): We work together to find a solution (traffic engineering assistance, custom package upgrade, configuration adjustments, hybrid solution).
3. STEP 3 - Final Notice (If No Resolution): If after 30 days we cannot agree on a path forward, we will provide written notice that services will be terminated.
4. STEP 4 - Service Termination (15 Days After Notice): BGP sessions will be withdrawn and tunnel services terminated. Any unused prepaid service credit will be refunded.

2.4 Network Protection - Emergency Measures

After Emergency Action:

• We will contact you as soon as practical to explain what occurred
• We will work with you on options: custom dedicated scrubbing capacity, alternative mitigation approaches, or transition assistance
• Unused prepaid service credit will be refunded
• We will provide reasonable assistance regardless of outcome

For High-Risk Infrastructure:

If you operate infrastructure that regularly attracts large-scale attacks, we encourage you to contact us proactively. Custom packages with dedicated scrubbing capacity are available and often more cost-effective than discovering limits during an incident.

2.5 BGP Requirements

Clients using BGP-based protection must:

• Maintain valid RPKI ROAs for announced prefixes
• Provide accurate IRR records (RADB, etc.)
• Only announce prefixes they are authorized to originate
• Comply with standard BGP operational practices

3.1 Service Description

• KVM-based virtual machines with full root access
• Locations: Dallas, NYC, Ashburn (additional locations as announced)
• SucuraGuard DDoS protection included at no additional cost
• 10G port with fair share bandwidth
• NVMe SSD storage
• Full BGP support - bring your own ASN/prefixes
• 1 IPv4 address included (additional IPs available)

3.2 Resource Allocation & Fair Use

CPU: VM CPU resources are allocated on a fair-share basis. You receive dedicated vCPU cores that can burst when host resources are available. Sustained CPU usage at or near allocation is acceptable and expected.

RAM: Your allocated RAM is dedicated and guaranteed available at all times.

Storage: NVMe SSD storage is allocated per plan. IOPS are shared fairly across host. Abusive IOPS usage (e.g., intentional disk thrashing affecting other VMs) may be throttled.

Network: VMs connect to 10G ports with fair share bandwidth. There are no hard bandwidth caps. However, sustained multi-gigabit usage 24/7 may warrant a conversation about whether a dedicated server would better suit your needs.

3.3 Acceptable Use - VMs

Permitted:

• Game servers, web hosting, applications, development
• Cryptocurrency nodes (non-mining)
• BGP routers and network equipment virtualization
• Legitimate high-bandwidth applications

Prohibited:

• Cryptocurrency mining without explicit written permission (VMs operate on shared host resources; mining degrades performance for other customers. Dedicated servers have no such restriction - see Section 4.5)
• Activities that degrade host performance for other VMs
• Hosting content violating Section 7 (Acceptable Use Policy)

3.4 Backups & Data Responsibility

Upon service termination or cancellation:

• VM remains active and accessible until the end of your current paid billing period
• On the final day of your paid period, VM and all data will be permanently deleted
• No data recovery is possible after deletion
• No grace period or data retention after paid period expires
• This applies to both voluntary cancellation and involuntary termination

3.5 Console Access & Support

VNC console access is available through the Nexus portal. We provide support for:

• Network connectivity issues
• Hardware/hypervisor problems
• Console access assistance

We do not provide support for in-VM configuration, operating system issues, or application problems. You are responsible for managing your VM's software.

4.1 Service Description

• Bare metal dedicated servers (no virtualization overhead)
• Locations: Dallas, Chicago, Toronto
• Full BGP support - bring your own ASN/prefixes
• SucuraGuard DDoS protection included at no additional cost
• IPMI/KVM remote management access
• IPv4
• Enterprise-grade hardware with RAID options

4.2 Hardware & Maintenance

Hardware Replacement: Failed hardware components (drives, RAM, power supplies, etc.) will be replaced at no cost. We aim to complete replacements within 4 hours during business hours, 12 hours outside business hours.

Maintenance Windows:

• Scheduled maintenance will be announced with at least 48 hours notice
• Emergency maintenance may be performed with minimal notice when necessary to protect network stability
• We will make reasonable efforts to coordinate timing to minimize disruption

Client Modifications: You may request hardware modifications (RAM upgrades, additional drives, etc.). Modifications may incur fees and require scheduled downtime.

4.3 Network & Bandwidth

Fair Use Policy: Dedicated servers include fair use bandwidth on a 1Gbps or 10Gbps port depending on configuration. "Fair use" means reasonable bandwidth usage typical for the services you're running.

If your bandwidth usage consistently approaches port capacity 24/7 (indicating you may benefit from committed bandwidth or burstable billing), we'll reach out to discuss options including:

• Upgrading to 10Gbps committed with 95th percentile billing
• Adding additional ports
• Custom bandwidth packages

This is a conversation, not a punishment. Many legitimate workloads need high bandwidth, and we want to ensure you have the right solution.

4.4 Data & Operating System

Operating System: We can install most standard Linux distributions. Custom OS installation may require additional time. You have full root access and are responsible for OS management, updates, and security.

Upon Termination:

• Server remains active until the end of your current paid billing period
• On the final day, server is shut down and drives are securely wiped
• Retrieve all data before paid period expires
• For security reasons, we perform DoD 5220.22-M wipe on all drives before reuse

4.5 Acceptable Use - Dedicated Servers

Permitted:

• Any legal application or service
• High-bandwidth applications
• Cryptocurrency mining (your hardware, your power allocation)
• BGP routing and network infrastructure

Restrictions:

• Activities violating Section 7 (Acceptable Use Policy)
• Exceeding allocated power (may trip breakers, impact billing)
• Generating excessive heat beyond facility specifications

5.1 Service Description

Colocation packages include:

• Single Server (1U-4U): Starting at $125/mo, includes 1GB uplink, 10TB bandwidth, 1A @ 208V power
• Quarter Rack (12U): Starting at $1000/mo, configurable uplinks/power/traffic
• Full Rack (42U): Starting at $2000/mo, full customization available
• Locations: Dallas, Chicago, Toronto
• SucuraGuard DDoS protection included at no additional cost
• Cross-connects available
• 24/7 facility access
• Remote hands support

5.2 Facility Access & Security

Access Requirements:

• 24-hour advance notice required for datacenter access (except emergencies)
• Valid government-issued photo ID required
• Compliance with facility security procedures mandatory
• Background checks may be required by facility operator
• Escort services available upon request

Authorized Personnel: You are responsible for maintaining an authorized contact list. Only listed personnel will be granted access. Updates to authorized personnel must be submitted in writing.

5.3 Power & Environmental Requirements

Power Allocation:

• Power is allocated per your service agreement (e.g., 1A @ 208V)
• Exceeding power allocation may trip breakers and impact your service
• Power upgrades available - contact us to discuss
• We are not responsible for equipment damage due to exceeding power limits

Environmental Requirements:

• Equipment must comply with facility heat dissipation requirements
• Excessive noise or heat may require remediation
• Equipment must meet facility weight restrictions (typically 150-250 lbs per U)

5.4 Equipment & Liability

Prohibited Equipment:

• Hazardous materials or flammable liquids
• Equipment generating excessive electromagnetic interference
• Unstable or improperly racked equipment
• Equipment prohibited by facility operator

5.5 Remote Hands

Remote hands support is available during business hours (additional fees may apply for after-hours). Remote hands can assist with:

• Rebooting equipment
• Checking cable connections
• Power cycling devices
• Reading displays or indicator lights

Complex tasks (cable management, equipment installation, OS installation) may require on-site visit or professional services engagement.

5.6 Service Termination & Equipment Removal

Upon termination:

• Services remain active until the end of your current paid billing period
• You have 30 days after termination to retrieve your equipment
• Equipment not retrieved within 30 days will be considered abandoned
• Storage fees of $50/U per month apply after the 30-day grace period
• After 90 days total, abandoned equipment may be disposed of or recycled (we will make reasonable efforts to contact you before disposal)

Equipment Removal: You are responsible for coordinating equipment removal or arranging for us to ship it (shipping at your expense). We can assist with logistics for a fee.

6.1 Service Description

Professional IP transit with BGP sessions across 9 active PoPs worldwide:

• 1 Gbps committed: $250-290/month depending on contract term
• 10 Gbps committed: $400-600/month depending on contract term
• Contract terms: 1, 2, 3, or 5 years (longer terms = better pricing)
• IPv4
• Full BGP tables
• BGP communities support for traffic engineering
• Multiple upstream providers for redundancy
• 24/7 NOC monitoring

6.2 BGP & Routing Requirements

To announce prefixes via BGP, you must:

• Maintain valid RPKI ROAs for all announced prefixes
• Provide accurate IRR records (RADB, ARIN, etc.)
• Only announce prefixes you are legally authorized to originate
• Comply with BGP best practices (prefix filtering, no excessive announcements)
• Respond to routing issues and abuse complaints within reasonable timeframes
• Maintain working contact information for NOC emergencies

We reserve the right to:

• Reject or filter announcements lacking proper authorization
• Withdraw announcements failing RPKI validation
• Null-route prefixes involved in abuse or attacks originating from your network
• Terminate sessions for repeated routing instability or policy violations

6.3 Traffic & Billing

Committed Bandwidth: Your commit level (1G or 10G) is the minimum monthly charge. You can burst above this level.

Burstable Traffic: For customers on burstable/95th percentile plans, billing is calculated monthly based on 95th percentile usage. The top 5% of samples are discarded, and you're billed on the 95th percentile value.

Traffic Ratios: We do not enforce inbound/outbound traffic ratios. Your traffic patterns are your business.

6.4 SucuraGuard Add-On for IP Transit

Unlike other services where SucuraGuard is included free, IP Transit customers can add DDoS protection:

• Flat-rate pricing: $50/month per /24 subnet
• No traffic billing - flat rate regardless of attack volume
• Custom filtering rules included
• Applies to IP Transit customers only (different from our GRE tunnel service)

6.5 Service Level Agreement

Uptime Target: 99.9% monthly uptime (excludes scheduled maintenance)

Maintenance Windows: Announced 7+ days in advance when possible

Support Response: Critical issues - 4 hour response time

6.6 Contract Terms & Termination

Contract Commitment: IP Transit services are sold on 1, 2, 3, or 5 year contracts. Early termination fees may apply.

Early Termination:

• Termination before contract end: Remaining months are billed at 50% rate
• Example: 6 months left on contract, you pay 50% of those 6 months
• This covers our committed capacity and upstream contracts

Normal Termination: At contract end, service converts to month-to-month unless renewed. 30 days notice required for cancellation.

BGP Session Shutdown: Upon termination, BGP sessions are gracefully withdrawn. We recommend announcing your prefixes via alternative providers before termination to avoid downtime.

7.1 Prohibited Activities

You may not use Sucura services for:

NETWORK ABUSE:

• Originating DDoS attacks or participating in botnets
• Network scanning or probing without authorization
• Spam or unsolicited bulk email
• Open proxies or relays facilitating abuse
• IP address spoofing

HARMFUL CONTENT:

• Malware distribution
• Exploit kits or hacking tools used for unauthorized access
• Terrorist content or recruitment

7.2 Resource Abuse

• Cryptocurrency mining on shared resources (VMs) without authorization (see Section 3.3 for details)
• Intentionally overloading shared systems
• Interfering with other customers' services

7.3 Enforcement

Violations may result in:

• Warning and request to remediate
• Temporary service suspension
• Immediate termination without refund
• Reporting to law enforcement where required

8.1 Service Provided "AS IS"

While we strive for reliability, services are provided "as is" without warranty of uninterrupted or error-free operation. We make no guarantees regarding uptime, availability, or performance. The SLA credits described in Section 1.8 are your sole and exclusive remedy for any service interruption or downtime.

8.2 Limitation of Damages

To the maximum extent permitted by law:

• Sucura's liability is limited to fees paid in the 3 months preceding any claim
• We are not liable for indirect, incidental, special, or consequential damages
• We are not liable for lost profits, data loss, or business interruption

8.3 Indemnification

You agree to indemnify and hold harmless Sucura Networks, its officers, employees, and partners from any claims, damages, or expenses arising from your use of services, violation of these Terms, violation of any third-party rights, or content you host or transmit through our services.

9.1 Termination by Client

You may cancel services at any time through the billing portal or by contacting support. Services remain active until the end of the paid period.

9.2 Termination by Sucura

We may terminate services:

• Immediately for serious Terms violations
• With 30 days notice for any reason (refund of unused prepaid fees)
• Immediately if required by law enforcement or legal process

9.3 Effect of Termination

Upon termination:

• Services remain active until the end of your current paid billing period
• On the final day of your paid period, access ceases and data is permanently deleted
• You must retrieve your data before the paid period ends
• No grace period or data retention after paid period expires
• Unpaid balances remain due regardless of termination reason
• Terms sections that logically survive (liability, indemnification) remain in effect

Immediate Termination (Terms Violations): For serious violations (illegal content, network abuse, etc.), we may terminate services immediately regardless of paid period remaining. In such cases, no refund will be issued.

10.1 Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada. Any disputes shall be resolved in the courts of Ontario.

10.2 Severability

If any provision is found unenforceable, the remainder of these Terms remains in effect.

10.3 Entire Agreement

These Terms, along with referenced policies and order forms, constitute the entire agreement. No oral modifications are valid.

10.4 Contact

Questions about these Terms:

• Email: legal@sucura.ca
• Discord: discord.gg/vWt4dzsuWd