Fair Use Policy

Last Updated: Sunday, April 20th, 2025

1. Introduction

This Fair Use Policy ("Policy") sets forth the acceptable use guidelines for Backyard Bandwidth's VPN, VPS, Splunk ingestion, indexing, storage services, and other related services ("Service"). While we do not impose arbitrary limits on bandwidth, speed, or usage, we maintain this policy to ensure fair and reasonable access for all users. By using our Service, you agree to comply with this Policy.

2. Unlimited Use Under Fair Use

Backyard Bandwidth provides VPN services without data caps or speed restrictions. However, this offering is contingent upon fair and reasonable use. Excessive or abnormal usage that negatively impacts network performance, degrades service quality for other users, or places an undue burden on our infrastructure may result in action under this Policy.

Backyard Bandwidth does not log, track, or monitor user activity on our VPN services. Users are not subject to logging or tracking under our Privacy Policy. We do not retain records of browsing history, connection times, metadata, IP addresses, or other identifying information related to VPN use.

3. VPS Privacy and Data Retention

Backyard Bandwidth does not log, monitor, or track user activity on our VPS services. We do not store data after a VPS has been terminated. All data from terminated VPS instances is permanently and forensically deleted.

By using our Service, users agree to abide by all applicable United States laws. Any illegal activities or excessive data ingress/egress may result in immediate termination without notice.

4. Splunk Ingestion, Indexing, and Storage Fair Use

Backyard Bandwidth provides Splunk ingestion, indexing, and storage services subject to the following fair use guidelines:

• Users are allowed to ingest and index data up to the allocated limit specified in their service plan. Exceeding this limit without prior authorization may result in access restrictions, suspension, or termination without notice.
• Attempts to bypass or manipulate data ingestion limits, including but not limited to data obfuscation or compression methods designed to evade fair use policies, are strictly prohibited.
• If a user is found to be ingesting or indexing more data than their allowed limit, they may be terminated without notice and are not eligible for refunds.
• Backyard Bandwidth reserves the right to monitor ingestion volumes to ensure compliance with fair use thresholds and maintain network stability.

5. S3 Storage Fair Use

Backyard Bandwidth offers S3-compatible storage with free ingress (data uploads) and free egress (data downloads), subject to the following conditions:

• Users may egress (download) data without charge up to the amount of data they have stored.
• If a user egresses more data than they have stored, additional fees or restrictions may apply.
• Backyard Bandwidth reserves the right to limit or suspend access for users who exceed fair use thresholds in a manner that negatively impacts network stability.

6. Bruteforce Attempts and Security Violations

Backyard Bandwidth enforces a strict policy against bruteforce attacks targeting any part of our infrastructure, including login portals, APIs, VPN gateways, Splunk endpoints, and storage systems.

A bruteforce attempt is defined as an automated or repeated attempt to gain unauthorized access to Backyard Bandwidth systems by systematically guessing credentials such as usernames, passwords, SSH keys, or API tokens. Examples of prohibited activity include:

• Rapid or scripted login attempts across multiple accounts or services.
• Port scanning with the intent to identify authentication mechanisms for bruteforce.
• Credential stuffing or password spraying attempts targeting Backyard Bandwidth infrastructure.

We want to be clear: we do not monitor or inspect activity within your VPS or VPN tunnel, and we fully comply with our Logging Policy. We do not log or retain user activity data, and we cannot see or inspect what you do inside your instance.

Our enforcement is limited to visible, inbound behavior against our systems — not outbound traffic or internal activity within your environment.

When we detect behavior matching known bruteforce patterns, we evaluate:

• The frequency and velocity of attempted logins or access attempts.
• Behavioral patterns aligned with known attack vectors or tools.
• Public abuse reputation of the originating IP address or subnet.

If a user is determined to be intentionally engaging in such activity:

• Their account will be terminated immediately without notice.
• No refunds will be issued for any terminated services related to this violation.
• We reserve the right to report malicious attempts to the appropriate authorities or upstream network providers.

We understand that accidental misconfigurations (such as a broken cron job or test script) may occasionally resemble attack traffic. In such cases, where there is no malicious intent and no impact to service stability, we may issue a warning before taking further action.

7. Termination for Violations

Users found to be in violation of this Policy, including but not limited to excessive egress/ingress, illegal activities, data ingestion manipulation, bruteforce attempts, or abuse of the Service, may have their access restricted, suspended, or permanently terminated without prior notice.

Additionally, as outlined in our Privacy Policy, we reserve the right to terminate accounts without notice if a user is found to be engaging in activities that violate United States law while using our Service.

8. No Refund Policy

All services terminated due to a violation of this Policy are not eligible for refunds. Users accept that no reimbursement will be provided for terminated services.

9. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by this Policy. If you do not agree to these terms, you must immediately stop using the Service.

10. Governing Law and Jurisdiction

This Policy shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from or relating to this Policy shall be subject to the exclusive jurisdiction of the federal and state courts located in the state of Virginia.

11. Severability

If any provision of this Policy is found to be invalid or unenforceable, the remaining provisions shall continue to be fully valid, binding, and enforceable.

12. Network Bandwidth Fair Use

All Backyard Bandwidth services that utilize network infrastructure—including VPN, VPS, S3-compatible storage, Splunk ingestion, or any other networked service—are subject to fair use limits on network bandwidth consumption.

Normal usage patterns and occasional high-traffic spikes are acceptable, including large software updates, backups, or short-term data transfers. However, long-term sustained high bandwidth consumption that degrades network performance for others is a violation of this Fair Use Policy.

VPS Bandwidth Limits (Per Instance)

• Tiny (1 GB RAM / 1 CPU / 20 GB disk): Up to 10 GB/day egress and 200 GB/month total network traffic. Usage beyond these limits may incur additional charges or bandwidth restrictions.
• Small (4 GB RAM / 4 CPU / 100 GB disk): 75 GB/day egress, 500 GB/week total
• Medium (16 GB RAM / 8 CPU / 200 GB disk): 150 GB/day egress, 1.2 TB/week total
• Large (32 GB RAM / 16 CPU / 400 GB disk): 300 GB/day egress, 2.5 TB/week total
• Huge (64 GB RAM / 32 CPU / 1 TB disk): 600 GB/day egress, 5 TB/week total
• Massive (128 GB RAM / 40 CPU / 2 TB disk): 1 TB/day egress, 10 TB/week total

Note: Users requiring higher sustained throughput or monthly transfer volumes are encouraged to contact support for a custom bandwidth allocation or overage pricing options.

Note: The "Tiny" plan is designed for lightweight, consistent usage. The daily and monthly limits are enforced to prevent accidental overuse or unfair resource allocation on our most affordable tier.

Accidental or short-term overages will not result in enforcement action. However, repeated or continuous misuse may result in rate limiting, suspension, or termination without refund.

Users will typically receive one or more warnings before enforcement, unless network integrity is at risk. Custom plans are available for users with consistently high bandwidth needs—please contact support for arrangements.

13. Limited Free Support

Backyard Bandwidth provides limited free support for general inquiries and basic setup assistance. Our support operates under the following fair use guidelines:

• Free assistance is available for initial setup and general troubleshooting questions.
• Each user is allowed up to three (3) free support inquiries per month under our fair use policy.
• Additional support requests beyond this limit may require a paid support plan.
• Requests involving hands-on troubleshooting, custom configurations, or extended technical support may be subject to billing.
• Backyard Bandwidth reserves the right to determine when a support request exceeds fair use and will notify the user of applicable paid support options.

By requesting support, you acknowledge that continued assistance beyond the fair use limit may incur additional charges. You can view our support pricing details here.

14. Updates to this Policy

Backyard Bandwidth reserves the right to update or modify this Policy at any time to ensure the continued integrity and performance of our network. Continued use of the Service after any modifications constitutes acceptance of the revised terms.

If you have any questions about this Policy, please contact us using the contact form on the homepage.