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Fair Usage Policy

1. INTRODUCTION

This Fair Usage Policy ("FUP" or "Policy") establishes the terms and conditions governing network traffic usage for Virtual Private Server ("VPS") services hosted in Germany and provided by ITITAN HOSTING SOLUTIONS S.R.L. (the "Provider"). This Policy aims to ensure fair utilization of network resources, maintain infrastructure stability, and provide a reliable and predictable service experience for all customers. This Policy supplements the Provider's General Terms and Conditions and any other contractual documents applicable to the services provided.

2. SCOPE OF APPLICATION

2.1. This Policy applies exclusively to VPS services physically hosted in Germany and offered by the Provider with "Unmetered" traffic subject to the FUP. 2.2. This Policy does not apply to VPS services hosted in Romania or the United States of America, nor to other service categories, unless expressly stated otherwise in their respective service-specific terms. 2.3. The traffic allowances established under this Policy apply individually to each VPS service. Traffic allowances cannot be combined, shared, or transferred between separate VPS services.

3. DEFINITION OF UNMETERED TRAFFIC

3.1. For the purposes of this Policy, "Unmetered Traffic" refers to data transfer that is not subject to additional usage-based charges, provided that the applicable bandwidth limitations outlined herein are observed. 3.2. Eligible VPS services include a monthly high-speed traffic allowance at speeds of up to 10 Gbps, depending on the purchased service plan and the technical conditions of the network. 3.3. The monthly traffic allowances available before bandwidth restrictions are applied are as follows: - 5 TB/month for standard VPS plans; - 10 TB/month for EPYC XL, EPYC XXL, KVM XL, KVM XXL, KVM Business, and KVM Business+ plans. 3.4. Once the applicable monthly traffic allowance has been reached, the service will continue to provide data transfer without additional usage-based charges. However, the maximum bandwidth will be reduced to 100 Mbps. 3.5. The term "Unmetered" does not constitute a guarantee of continuous access to 10 Gbps bandwidth regardless of the amount of data transferred.

4. TRAFFIC ALLOWANCES AND BANDWIDTH RESTRICTIONS

4.1. Each eligible VPS service is allocated a monthly high-speed traffic allowance based on the purchased plan, as detailed below:

VPS PlanMonthly FUP Allowance
EPYC XL10 TB
EPYC XXL10 TB
KVM XL10 TB
KVM XXL10 TB
KVM Business10 TB
KVM Business+10 TB
All other eligible VPS plans5 TB

4.2. The monthly traffic allowance represents the total combined amount of data transferred in both directions (IN + OUT / Download + Upload). Both incoming and outgoing traffic are aggregated when calculating monthly consumption. For the purposes of this Policy, 1 TB equals 1,000 GB. 4.3. Upon reaching or exceeding the monthly traffic allowance applicable to the purchased plan, the maximum configured bandwidth for both incoming and outgoing traffic will be automatically reduced to 100 Mbps. 4.4. Bandwidth restrictions apply to the VPS service as a whole, rather than individually to each connection or IP address. 4.5. Reaching the monthly traffic allowance will not, by itself, result in: - Suspension or deactivation of the VPS service; - Loss or deletion of stored data; - Additional charges for subsequent data transfer; - Automatic termination of the service. 4.6. The 100 Mbps bandwidth restriction will remain in effect until the beginning of the next monthly reference period, at which point the traffic counter will be reset and the original configured bandwidth will be automatically restored.

5. REFERENCE PERIOD AND TRAFFIC RESET

5.1. Traffic consumption is calculated on a calendar-month basis, beginning at 00:00 UTC on the first day of each month and ending at the conclusion of the last day of that month. 5.2. At the beginning of each calendar month, the FUP traffic counter is reset, and the service receives a new full allowance of 5 TB or 10 TB, depending on the purchased plan. 5.3. Any unused traffic allowance does not carry over to subsequent months. 5.4. If a VPS service is activated during an ongoing calendar month, the customer will receive the full monthly traffic allowance applicable to the purchased plan for the remainder of that month. 5.5. Reinstalling the operating system, restarting the VPS, or modifying its configuration does not trigger an early reset of the traffic counter.

6. NETWORK SPEED AND PERFORMANCE

6.1. Bandwidth of up to 10 Gbps represents the maximum configurable network connection speed for VPS plans that include this feature and does not constitute a guarantee of continuous data transfer at that speed. 6.2. Actual network performance may vary depending on the VPS resources, destination network capacity, routing, communication protocols, network congestion, and other technical factors. 6.3. Network bandwidth is not exclusively dedicated to an individual VPS service unless explicitly stated in the applicable individual service agreement. 6.4. Following the application of FUP bandwidth restrictions, the maximum configured bandwidth will be 100 Mbps. The Provider does not guarantee that this speed will be continuously achievable under all network conditions.

7. TRAFFIC MONITORING AND VERIFICATION

7.1. The Provider monitors traffic consumption for each eligible VPS service using technical metering systems integrated into its network and virtualization infrastructure. 7.2. Both incoming (IN / Download) and outgoing (OUT / Upload) data transferred through the VPS service's public network interfaces are included in the calculation of the monthly traffic allowance. 7.3. Traffic exchanged through internal private networks that does not traverse the monitored public network interface is excluded from the FUP traffic calculation. 7.4. Traffic associated with Distributed Denial-of-Service (DDoS) attacks that is filtered by the protection infrastructure before reaching the VPS service's public network interface is excluded from the service's traffic consumption. 7.5. Customers may request information regarding recorded traffic consumption, the applicable reference period, and any bandwidth restrictions through the Provider's official support system. 7.6. If a traffic metering error is identified, the Provider will correct the affected records and any incorrectly applied bandwidth restrictions at no additional cost to the customer. 7.7. Traffic consumption data is processed in accordance with applicable data protection legislation and the Provider's Privacy Policy.

8. RESPONSIBLE USE OF NETWORK INFRASTRUCTURE

8.1. Customers are required to use the services in compliance with applicable laws, the Provider's General Terms and Conditions, and the Acceptable Use Policy, where applicable. 8.2. High network utilization or reaching the applicable monthly traffic allowance of 5 TB or 10 TB does not, in itself, constitute a contractual violation or justify service suspension. 8.3. Activities involving cyberattacks, unauthorized use of third-party resources, or other violations of applicable laws or contractual obligations are handled separately in accordance with the relevant contractual documents and legal requirements. 8.4. Measures implemented in response to security incidents or abusive usage are separate from the automatic bandwidth restrictions established under this Policy.

9. CUSTOMER INFORMATION AND DISPUTE RESOLUTION

9.1. The essential terms of this Policy, including the applicable 5 TB or 10 TB monthly traffic allowance, the maximum bandwidth associated with the purchased plan, and the subsequent reduction to 100 Mbps, are disclosed to customers before entering into a service agreement. 9.2. Customers may request clarification or dispute recorded traffic consumption or the application of bandwidth restrictions through the Provider's official support ticket system. 9.3. The Provider will investigate such requests based on available technical records and communicate the outcome of its review to the customer. 9.4. Nothing in this Policy limits or excludes any statutory consumer rights relating to service conformity or other rights that cannot lawfully be restricted by contract.

10. AMENDMENTS OF THIS POLICY

10.1. The Provider may propose amendments to this Policy for objective reasons, including legislative changes, significant infrastructure modifications, or justified technical requirements. 10.2. Amendments affecting the contractual terms of existing customers will only be implemented in accordance with applicable agreements, statutory notification requirements, and customer rights. 10.3. Where an amendment to a digital service negatively affects a consumer's access to or use of that service to more than a minor extent, the applicable statutory rights to information and contract termination will be respected. 10.4. Updated versions of this Policy will be published on the Provider's official website, indicating their effective date. Publication of an updated Policy does not replace any legally required procedures for modifying existing agreements.

11. FINAL PROVISIONS

11.1. This Policy forms part of the contractual documentation for services to which it is expressly made applicable and duly accepted. 11.2. For new service agreements, this Policy becomes applicable upon its proper incorporation into and acceptance during the contracting process. 11.3. In the event of any inconsistency between this Policy and mandatory provisions of applicable law, such mandatory legal provisions shall prevail. 11.4. Nothing in this Policy excludes or restricts consumer rights granted under applicable national or European Union legislation.
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ITITAN Hosting Solutions S.R.L

CUI: 47692021

EUID: ROONRC.J22/636/2023

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