Terms of Service

1. Agreement

These Terms of Service ("Terms") govern the provision of services by Cyberheat.io, LLC ("Cyberheat," "we," "us"), a New Mexico limited liability company headquartered at 120 Madeira Drive NE, STE 220, Albuquerque, NM 87108. Ordering or using our services constitutes acceptance of these Terms and of our Acceptable Use Policy, which is incorporated by reference.

2. Services

Cyberheat provides IP transit, dedicated servers, colocation, remote hands, hardware sales and network consultancy (together, the "Services"). Specific configurations, capacity, pricing and term commitments are set in each order or service agreement. This website's pricing is an offer to quote, not a binding price list.

3. Orders, billing and payment

• Services are billed in advance on the invoice term stated in your order (monthly, quarterly or annual).
• Bandwidth is billed per the committed rate or transfer allowance in your order; overage terms are stated on the invoice.
• Invoices unpaid 10 days past due may result in suspension; 30 days past due may result in termination and collection of outstanding amounts.
• All amounts are in USD and exclusive of applicable taxes. We accept card, ACH/wire and cryptocurrency (BTC, LTC, USDC, USDT); crypto is settled at the invoice rate at time of payment.

4. Service Level Agreement

Unless your order states otherwise, the network SLA is 99.9% monthly uptime measured at our edge ports, excluding scheduled maintenance (announced with at least 24 hours notice where feasible) and events beyond our reasonable control. Verified outages below the SLA earn service credit — request credits via the client portal within 30 days of the incident. Credits are the sole remedy for SLA shortfalls.

5. Customer responsibilities

• Maintain accurate contact and abuse-desk information at all times.
• Secure your systems; you are responsible for traffic originating from your services.
• Announced prefixes must be covered by valid IRR objects and RPKI ROAs.
• Comply with the AUP and applicable law in jurisdictions where you operate.
• Data backup is your responsibility unless a managed-backup add-on is ordered.

6. Suspension and termination

We may suspend Services without notice to stop ongoing harm to the network or third parties (e.g., active attacks originating from your services), or for material breach including non-payment. Otherwise we provide notice and a reasonable cure period. You may terminate at the end of your current billing term on written notice; prepaid terms are non-refundable except where required by law.

7. Content position

We are a content-neutral provider. We do not monitor customer content and we do not remove lawful content on the basis of complaints. See the AUP for the full policy, including DMCA handling.

8. Limitation of liability

To the maximum extent permitted by law, Cyberheat is not liable for indirect, incidental, consequential or punitive damages, lost profits or lost data. Our aggregate liability for any claim arising from the Services is limited to the amounts paid by you for the affected Service in the three months preceding the event.

9. Indemnification

You agree to indemnify and hold Cyberheat harmless from third-party claims arising from your use of the Services, your content, or your violation of these Terms.

10. Hardware

Dedicated server hardware remains Cyberheat property for rental plans; purchased hardware is covered by the manufacturer's warranty plus our stated replacement SLA while hosted with us. Customer-owned equipment in colocation is at the customer's risk and should be insured accordingly.

11. Governing law

These Terms are governed by the laws of the State of New Mexico, excluding conflict-of-law rules. Disputes are resolved in the state or federal courts located in Bernalillo County, New Mexico.

12. Changes

We may update these Terms with notice to active customers; continued use after the effective date constitutes acceptance.