Terms of Service

0phase Inc provides dedicated bare metal server hosting services located in downtown San Francisco. Our platform delivers high-performance, fully dedicated physical servers with root access, out-of-band management through IPMI, and optional managed Kubernetes orchestration. These Terms of Service govern your use of our services.

By using 0phase services, you represent that you are at least 18 years of age and possess the legal authority to enter into binding agreements on behalf of yourself or your organization. You must be a valid legal entity (individual, corporation, partnership, or other recognized entity) in good standing in your jurisdiction. If you are entering into this agreement on behalf of a company or organization, you represent that you have authority to bind that entity to these terms.

0phase provisions fully dedicated bare metal servers with complete root access and IPMI out-of-band management capabilities. You receive unrestricted administrative control over your server environment, including the ability to install, modify, or remove any software or operating system.

Security Responsibility: You are solely responsible for the security of your account credentials, server access controls, firewall configuration, and all security measures protecting your systems. 0phase does not monitor, audit, or secure your server environment. You must implement appropriate security practices including SSH key management, firewall rules, regular patching, and other defensive measures. Any unauthorized access to your server is your responsibility to prevent and remediate.

0phase offers the following core services:

• Dedicated Physical Servers: Fully dedicated bare metal servers with guaranteed hardware allocation and no shared resources.
• Network Connectivity: 10 Gigabit unmetered network connectivity with fair use policy enforcement. See Section 5 (Acceptable Use) for fair use bandwidth definitions.
• Managed Kubernetes (Optional): Optional managed Kubernetes orchestration platform available as an add-on service with separate terms.

Server specifications, available configurations, and pricing are detailed on our website and in your service order.

You agree to use 0phase services only for lawful purposes and in compliance with all applicable laws and regulations. Prohibited activities include:

• Any illegal activity, including but not limited to fraud, hacking, or distribution of malware
• Spam, phishing, harassment, or any abusive communication
• Cryptocurrency mining without prior written approval from 0phase
• Denial-of-service (DoS/DDoS) attacks, port scanning, or unauthorized access attempts against third-party systems
• Exceeding fair use bandwidth limitations as defined below

Fair Use Bandwidth: Our 10G unmetered connectivity is subject to a fair use policy. Fair use is defined as sustained average bandwidth not exceeding the port speed, with short-term bursts above this rate permitted. Any usage demonstrating sustained average bandwidth consumption exceeding port speed, or patterns indicative of abuse, may result in throttling, suspension, or service termination at our discretion.

0phase reserves the right to investigate suspected violations, temporarily suspend service to prevent harm, and terminate accounts engaged in prohibited activities without refund. We may report illegal activity to law enforcement authorities.

Terms: Service is available on month-to-month or annual billing cycles. Annual contracts receive discounted pricing.

Billing: All charges are billed in advance at the start of each billing period. Invoices are provided via email and your account dashboard.

Late Payment: Payment is due according to the invoice date. If payment is not received within 5 days of the due date, your account enters a grace period. During this grace period, your service may remain active but 0phase reserves the right to suspend or terminate service immediately following the grace period if payment remains outstanding.

Suspension Rights: After the 5-day grace period expires, 0phase may suspend or terminate your account without further notice if payment is not received. Suspended accounts may incur additional charges for continued infrastructure utilization.

0phase targets server provisioning and delivery within 4 hours of order confirmation, but this timeline is not guaranteed. Provisioning time depends on equipment availability, data center scheduling, and order complexity.

Operating System Installation: Operating system installation is the customer's responsibility unless you have contracted for our managed Kubernetes service, which includes OS provisioning and configuration. For standard bare metal servers, you are responsible for obtaining and installing your preferred operating system via IPMI or provisioning tools provided.

Ownership: You retain all ownership rights to data and content stored on your servers. 0phase makes no claim to your data.

Access & Maintenance: 0phase does not access, monitor, or inspect customer data under normal operations. We may access your systems only for necessary maintenance, security, or network diagnostics, which we will notify you about in advance except in emergency circumstances.

Backups: 0phase does not provide automatic backups of your data. You are solely responsible for implementing backup and disaster recovery procedures. Regular backups to external storage are strongly recommended.

Uptime Target: 0phase targets 99.99% uptime for our infrastructure. This is a target, not a guarantee. Planned maintenance, emergency repairs, and force majeure events are excluded from uptime calculations.

SLA Credits: If actual uptime falls below the 99.99% target in any given month, verified downtime exceeding the target may qualify for service credits. Credits are calculated as a percentage of your monthly service fees and are the exclusive remedy for uptime failures. SLA credit requests must be submitted within 30 days of the incident. Specific credit amounts and eligibility criteria are available in our SLA documentation.

0phase makes no availability guarantees for services or components not explicitly covered in the SLA documentation.

Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, 0PHASE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF 0PHASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap: 0phase's total liability to you for any and all claims arising out of or relating to these terms or the services shall not exceed the greater of: (a) the total amount you paid for services in the 3 months immediately preceding the claim, or (b) $100.

These limitations apply regardless of the legal theory (contract, tort, negligence, or otherwise) upon which any claim is based.

Termination by Either Party: Either party may terminate this agreement with 30 days written notice. Month-to-month service will terminate at the end of the current billing period. Annual contracts may be subject to early termination fees.

Immediate Termination: 0phase may immediately terminate or suspend service without notice for: (a) violation of the Acceptable Use Policy (Section 5), (b) non-payment after the grace period, (c) suspected illegal activity, or (d) threat to network security.

Data Retrieval: Following termination or suspension, your data will remain accessible on your server for 7 days. After 7 days, 0phase may delete or overwrite all data without further notice. You are responsible for retrieving your data within this window.

0phase may modify these Terms of Service at any time. Material changes will be communicated to you via email at least 30 days in advance of the effective date. Continued use of the service after the 30-day notice period constitutes acceptance of the modified terms. If you do not accept the modifications, you may terminate your service under Section 11 (Termination).

These Terms of Service are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these terms shall be subject to the exclusive jurisdiction of the courts located in San Francisco County, California.

For questions about these Terms of Service, legal inquiries, or notice of violations, please contact:

Email: legal@0phase.com

Address: 0phase Inc, San Francisco, CA