Back to home
Legal

Terms of Service

Terms governing use of the Amherst Systems website and services, including ordering, billing, refunds, suspension, liability, and dispute resolution.

Effective date: March 24, 2026
Last updated: March 24, 2026

1. Acceptance of these Terms

These Terms of Service govern your access to and use of the Amherst Systems LLC website and any services we provide, including VPS hosting, dedicated servers, DDoS protection, and system administration.

By accessing the website, requesting services from us, or purchasing or using any of our services, you agree to these Terms, our Acceptable Use Policy, our Privacy Policy, and any applicable Service Level Agreement or Order Form. If you do not agree, you must not use the website or services.

2. Company information

Amherst Systems LLC
8 The Green #5022
Dover, DE 19901
Email: contact@amherst.systems
Phone: 413-444-6004
Abuse: abuse@amherst.systems

3. Scope and related documents

These Terms apply to both:

  • your use of the Amherst Systems website; and
  • your purchase and use of our services.

If you purchase a service through a quote, invoice, order form, or statement of work, that document controls for the specific service, pricing, and term it covers. If there is a conflict, the order of precedence is:

  1. any signed Order Form or statement of work, for the scope it covers;
  2. these Terms;
  3. the Acceptable Use Policy, Privacy Policy, and any applicable Service Level Agreement.

The Acceptable Use Policy is a material part of these Terms. Violations of the Acceptable Use Policy are also violations of these Terms.

4. Eligibility and compliance

You represent and warrant that:

  • you are at least 18 years old, or you are between 13 and 17 years old and have verified parental or guardian consent;
  • you have authority to accept these Terms for yourself or the organization you represent; and
  • your use of the website and services will comply with applicable law, including sanctions, export controls, and restrictions on unlawful or abusive conduct.

We do not knowingly provide services to children under 13.

5. Website use

You may use the website only for lawful purposes and in compliance with these Terms. We may modify, suspend, or discontinue the website, or any part of it, at any time without liability.

6. Orders, provisioning, and service delivery

Unless we expressly provide a self-serve checkout, services are ordered through direct contact, quote, invoice, order form, or similar written confirmation.

We may provision services only after:

  • the order is accepted by us; and
  • any required payment or credit arrangement is in place.

We may require identity, authorization, fraud-prevention, or business verification before accepting or provisioning any service.

7. Billing, payment, and taxes

Services are generally prepaid unless we agree otherwise in writing. Some custom services, usage-based services, or ongoing administration work may be billed postpaid or partially prepaid at our discretion.

You agree to pay all charges when due. If payment is late or a payment method fails, we may suspend or terminate services immediately. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum amount permitted by law.

You are responsible for all taxes, duties, and similar governmental charges associated with your purchase and use of the services, other than taxes based on Amherst Systems' net income.

Where applicable, payments are processed through third-party providers such as Stripe. Their handling of payment information is governed by their own terms and privacy practices.

8. Refunds and service credits

For VPS or VM services, you may request a refund within 48 hours of the initial purchase. This refund window applies only to the first purchase of that VPS or VM service and does not apply to renewals, upgrades made after the 48-hour window, add-ons, dedicated servers, DDoS protection, managed services, custom services, or usage-based charges.

Payments for labor are non-refundable once work has been performed or reserved. This includes system administration, emergency response, one-time setup work, and custom engineering or support work.

We do not provide refunds for suspensions or terminations related to actual or suspected violations of these Terms or the Acceptable Use Policy.

Where a Service Level Agreement applies, any service credits available under that agreement are your sole and exclusive remedy for covered availability issues.

9. Abuse pass-through fees and chargebacks

If upstream providers, carriers, payment processors, or other third parties impose fees, penalties, fines, or similar charges on Amherst Systems because of your use of the services, abuse complaints tied to your services, or payment disputes, you agree to reimburse us for those amounts plus a 25% administrative fee.

If you initiate a chargeback or payment dispute, we may suspend or terminate services immediately. You remain responsible for unpaid charges, chargeback fees, dispute fees, recovery costs, and the administrative fee described above.

10. Customer responsibilities

You are responsible for:

  • all activity conducted through or originating from your services;
  • the legality of your content, software, configurations, and traffic;
  • securing your credentials, authentication systems, and access paths;
  • maintaining your own backups and recovery procedures; and
  • cooperating with reasonable abuse, billing, security, and verification inquiries.

If your service, configuration, or content creates a security risk, abuse risk, or operational risk, you must promptly take corrective action when requested.

11. Backups and data loss

You are solely responsible for maintaining adequate backups of your data, applications, systems, and configurations.

We may, in some cases, assist with backups, backup configuration, snapshots, or restore efforts, but any such work is provided on a best-effort basis unless we explicitly agree otherwise in writing. We do not guarantee backup frequency, backup integrity, successful restoration, or retention of your data after suspension or termination.

12. System administration services

System administration services may include maintenance, configuration changes, installations, panel setup, monitoring configuration, incident response, and other support work described in an Order Form or service request.

You authorize Amherst Systems to access your systems, servers, credentials, and related environments as reasonably necessary to provide requested administration, support, maintenance, security, abuse response, or recovery work.

System administration services are provided on a best-effort basis. Unless we explicitly agree otherwise in writing, we do not guarantee a particular result, performance outcome, remediation timeline, or issue resolution time.

13. DDoS protection and network security limitations

Our DDoS protection services are intended as infrastructure-level protection, including Layer 3 and Layer 4 mitigation and traffic filtering. DDoS mitigation is provided on a best-effort basis and is not guaranteed.

Attack conditions, routing changes, upstream actions, mitigation events, and abnormal traffic patterns may cause packet loss, resets, temporary interruptions, false positives, or incomplete mitigation. We do not warrant uninterrupted access or successful mitigation of every attack.

14. Monitoring and operational controls

We may monitor network traffic, system behavior, service health, logs, and usage patterns as reasonably necessary to operate the services, enforce our policies, investigate abuse, preserve infrastructure integrity, or comply with legal obligations.

15. Suspension and termination

We may suspend, restrict, null-route, throttle, disable, or terminate any service immediately, with or without notice, if we reasonably determine that:

  • you violated or may have violated these Terms or the Acceptable Use Policy;
  • we receive an abuse complaint involving your services;
  • your service creates risk to Amherst Systems, our upstream providers, other customers, or the public;
  • suspension is necessary to preserve security, availability, or infrastructure integrity; or
  • you fail to pay amounts due.

Reinstatement is not guaranteed. If we choose to reinstate service, we may require remediation, verification, payment of all outstanding charges, or changes to your configuration or usage.

Upon termination, access to services and data may end immediately. We are not required to retain data after termination, and deleted data may be unrecoverable.

16. Intellectual property

Amherst Systems and its licensors retain all rights, title, and interest in the website, branding, service materials, and any software, documentation, or content we provide, except for customer content.

You retain ownership of your own content, applications, and data. You grant us the limited rights necessary to host, transmit, secure, inspect, and otherwise provide the services.

17. Confidentiality

Each party may receive non-public information from the other in connection with the services. The receiving party will use that information only as reasonably necessary to perform under these Terms or receive the services and will protect it using reasonable care.

18. Disclaimers

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMHERST SYSTEMS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMHERST SYSTEMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMHERST SYSTEMS' TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES WILL NOT EXCEED THE AMOUNT PAID FOR THE AFFECTED SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply whether the claim is based in contract, tort, statute, strict liability, or any other legal theory.

20. Indemnification

You agree to defend, indemnify, and hold harmless Amherst Systems LLC and its officers, members, employees, contractors, and agents from and against third-party claims, damages, liabilities, penalties, losses, and reasonable costs arising out of or related to:

  • your use of the services;
  • your content, software, or traffic;
  • your violation of these Terms or the Acceptable Use Policy; or
  • your violation of applicable law or third-party rights.

21. Dispute resolution, arbitration, and class-action waiver

Before filing a formal claim, each party agrees to attempt in good faith to resolve the dispute informally by providing written notice and allowing at least 30 days for resolution.

Except for matters that may be brought in small claims court, any dispute arising out of or relating to these Terms, the website, or the services will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. Arbitration will take place in Delaware, unless the parties agree to remote proceedings or applicable law requires otherwise.

To the fullest extent permitted by law, each party agrees that claims will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Delaware law governs these Terms, without regard to conflict-of-law principles, except to the extent federal law requires otherwise.

22. Copyright complaints

If you believe content hosted through our services infringes your copyright, you may send a notice to:

DMCA Agent
Amherst Systems LLC
8 The Green #5022
Dover, DE 19901
Email: contact@amherst.systems

Any notice should include the information reasonably necessary for us to identify the allegedly infringing material and process your complaint.

23. Changes to these Terms

We may update these Terms from time to time by posting a revised version. Changes take effect when posted unless a later date is stated.

24. Contact

General inquiries: contact@amherst.systems
Abuse reports: abuse@amherst.systems