Terms of Service Agreement

Definitions

1. The terms “Client,” “you,” and “your” refer to the individual or entity using or purchasing the Services or accessing the Websites, subject to Section 4.
2. The terms “us,” “we,” “our,” “Sparked Host,” or the “Company” refer to Sparked Host LLC, a limited liability company registered in the State of Utah, United States of America, with Business Identification Number 13302459-0160.
3. The term “Products” refers to the products included within the Services. “Websites” refers to the websites we operate through which these Terms are made available.
4. The term “Services” refers to the products and assets that we provide for your use, including but not limited to all hosting, website functionalities, and features made available to you.
5. The term “Client Account” refers to an account established with us to purchase, access, or manage the Services.

SIGNING UP FOR THE PRODUCTS (THROUGH AN ORDER) OR USING THE WEBSITES AND/OR PRODUCTS CREATES A CONTRACT BETWEEN YOU AND US, AND WE EACH HEREBY ASSENT AND AGREE TO BE BOUND BY THESE TERMS. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITES OR PRODUCTS.

1. Binding Terms

1. By using or purchasing any goods or services from Sparked Host or continuing to conduct business with us, you agree to these Terms. These Terms may be revised in accordance with Section 2.
2. You agree to be bound by these Terms until all business between you and us has been concluded and your Client Account has been closed, except for obligations that expressly survive or remain outstanding. A breach of these Terms may result in suspension or termination of your Services.
3. We cannot guarantee that all regional consumer protection or privacy rights will apply. Where permitted by law, you acknowledge that certain local or regional protections may not apply. You are responsible for knowing and complying with your own local laws and regulations regarding consumer protection and privacy law. Nothing in this section attempts to exclude or limit statutory rights that cannot be waived by applicable law.

3. Trademark and Copyright Notice

1. “Sparked Host” is a registered trademark with the United States Patent and Trademark Office (USPTO). Images displayed on our website or in our services may be subject to trademark restrictions, and express permission may be required for the commercial use of any marks.
2. All content and assets displayed on this website are the exclusive property of their respective owners, with all rights reserved. Our vendors, partners, or affiliates may own certain content, and its use is subject to restricted licensing agreements. Unless otherwise stated, all content is protected by applicable copyright and other law and is the intellectual property of Sparked Host and/or that of our vendors, partners, or affiliates.

4. Intended Audience; Authority to Contract

1. Intended Audience. The Services are intended solely for users who are thirteen (13) years of age or older. By accessing or using the Services, you represent and warrant that you are at least 13 years old. If you are at least thirteen (13) but have not reached the age of majority in your jurisdiction, you represent that you have reviewed these Terms with your parent or legal guardian and that they agree to these Terms on your behalf. If you are under the age of 13, you are strictly prohibited from using the Services or submitting any personal information to us.
2. Authority To Contract.
   1. Subject to Section 4(a), the Services are available only to individuals or entities who can form legally binding contracts under applicable law. By signing up for and/or using the Services, you represent and warrant that you (or an entity’s representative) are at least eighteen (18) years of age; otherwise recognized as being able to form legally binding contracts under applicable law; and/or are not a person barred from purchasing or receiving the Services under the laws of the United States or other applicable jurisdictions.
   2. If you accept these Terms as a representative or on behalf of a legal entity or other person, you hereby represent and warrant that you have the legal authority to bind such entity or person to these Terms, in which case “you” and “your” shall refer to such entity or person. If, after such electronic or other acceptance, we find that the individual accepting these Terms does not have such authority, that individual will be personally responsible for the obligations contained in these Terms, including, but not limited to, any payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any representation, instruction, notice, document or communication reasonably believed by us to be genuine and originating from you or your authorized representative. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you. We further reserve the right to suspend, cancel or terminate a Client Account in the event of a dispute concerning ownership of a Client Account or Client Content (as defined in Section 19(a)) between the claimed owner and a representative acting on their behalf.

6. General Governance and Arbitration

1. Except for revisions made under Section 2, no amendment or waiver of these Terms shall be effective unless set forth in writing and signed, including electronically, by an authorized representative of Sparked Host. Any failure to enforce strict compliance with any term, or any delay in exercising any right or power granted under these Terms, shall not constitute a waiver of such rights or powers. All rights and powers conferred herein remain fully enforceable.
2. These Terms shall be governed by the laws of the State of Utah, United States of America. Notwithstanding this jurisdiction, Sparked Host, where applicable, prioritizes client data security and shall comply with the European Union's General Data Protection Regulation (GDPR) and applicable data protection regulations in the United States.
   1. The data security and protection policy under these Terms is available online. (See: https://sparkedhost.com/legal/privacy-policy)
3. All disputes arising from or in connection with these Terms or the Services shall be resolved in accordance with the applicable rules of the Utah Uniform Arbitration Act, as amended. The arbitration will be held at a location designated by Sparked Host, and the company may appoint one or more arbitrators to ensure an impartial resolution. These Terms are governed by the laws of the United States of America, and arbitration is a mandatory prerequisite to litigation. You and we must make reasonable efforts to resolve disputes amicably, including attempting to settle out of court, before initiating arbitration or litigation.

7. Fair Use

1. For services described as “unlimited” or “unmetered,” including, but not limited to, storage, bandwidth, and other tangible or intangible resources, you are expected to adhere to a fair-use standard. This ensures the continuity and quality of service for all clients. We reserve the right to enforce reasonable usage limits, as necessary, to maintain service integrity.
2. We reserve the right, at our sole discretion, to determine whether you have violated the fair use policy. In the event of such a determination, we may suspend or terminate the affected Services in accordance with Section 14(b).
3. You must exercise reasonable judgment and discretion to ensure your usage complies with the fair use policy.

8. Abuse

1. Any applicable restrictions for the services outlined below will be specified at checkout. By proceeding with the purchase, you must indicate your acceptance of these restrictions by agreeing to an additional information section confirming your acknowledgment and agreement to the terms set forth.
   1. Minecraft Services
      1. You must adhere to the product descriptions, which may be updated in accordance with Section 2. You are responsible for reviewing these descriptions regularly to ensure compliance with the applicable product restrictions. Failure to comply with the stated disclaimers and restrictions may result in service suspension, as outlined in our abuse and fair use policies.
   2. VPS/Dedicated Services
      1. VPS and dedicated services are allocated restricted resources. You must comply with the applicable resource limits and the fair-use and acceptable-use requirements in Sections 7 and 13.
   3. Web Hosting Services
      1. Unmetered website hosting services are subject to compliance with our fair use policy.
      2. You must obtain our approval before using more than 100 GB of storage for a web hosting Service.

9. Client Account Terms

1. By opening a Client Account, you accept the following responsibility and liability provisions and agree as follows:
   1. Not to use a false name or provide inaccurate, misleading, or fraudulent personal, business, or billing information in your account profile, at checkout, or in any communication with us.
   2. Unless under direct supervision and control, not to disclose your account credentials under any circumstances, including pursuant to any agreement or arrangement regarding how or when the account may be used. The primary account holder shall be fully liable for all activities, actions, or omissions that occur under that account holder’s account, including those of authorized sub-users, invitees, or third parties. Any violation of these Terms of Service will be deemed a violation by the primary account holder.
   3. To maintain the security of your account and assume full responsibility for all actions taken in connection with it.
   4. To ensure timely and efficient payment of all invoices associated with your account, including recurring monthly costs.
   5. Not to circumvent or attempt to circumvent security measures employed to protect any part of our network or services for which we are responsible.
   6. Not to breach any clause within these Terms under any circumstances.
   7. Not to engage in activities deemed illegal under the governing laws of these Terms or the jurisdiction in which you reside or operate.

   You further acknowledge and agree as follows:

   8. We assume no responsibility or liability for user-generated content transmitted or posted through our services, including images, products, or other materials.
   9. You may encounter user-generated content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuitable for your purposes.

10. Refunds

1. Except as otherwise expressly provided in this Section or required by applicable law, refunds are discretionary and available only for documented technical issues that we are unable to resolve. Requests under this general policy must be submitted through the support website within twenty-four (24) hours of the original transaction.
   1. As an exception to the standard refund policy, Discord Bot Hosting and Non-Minecraft Game Hosting services are eligible for a guaranteed refund within 48 hours of purchase, provided it is your first purchase of these services. This policy does not apply to renewals or repeat purchases.
      1. The forty-eight (48) hour refund guarantee does not apply to a request based solely on a specific limitation expressly disclosed to and accepted by you at checkout before purchase.
   2. Domain services are non-cancellable and non-refundable once the transaction has been completed and payment has been processed.
   3. Dedicated server services are non-refundable. Once payment has been processed, no refunds will be issued.
   4. Colocation services are non-refundable. Once payment has been processed, refunds will not be issued under any circumstances.
   5. Virtual private server services are non-refundable once the transaction has been completed and payment has been processed.
   6. Setup fees, managed service fees, and procurement costs are non-refundable once the transaction has been completed and payment has been processed.
   7. IP address add-ons are non-refundable once the transaction has been completed and payment has been processed.
   8. Services terminated due to abuse, misuse, fraud, or policy violations are non-refundable.
2. Payments made using cryptocurrency are non-refundable. If a refund is approved, it will be issued as store credit only.
3. Duplicate payments will be refunded as store credit or to the original payment method at our sole discretion.
4. Payments made after the date of a cancellation request will be refunded as store credit or to the original payment method, at our sole discretion, provided you request the refund within one hundred eighty (180) days after the payment.
5. Upgrades, including but not limited to CPU cores, storage, RAM, bandwidth, or any other applicable upgrade, are not eligible for refunds to the original payment method. Refunds for such upgrades will only be issued as store credit to your account.

11. Indemnification

1. By using our services, you agree to indemnify and hold Sparked Host harmless from all claims, actions, damages, obligations, losses, liabilities, costs, debts, and expenses arising from your breach of these Terms or your negligent acts or omissions. This indemnification extends to all claims to which we may be subjected as a result of your actions or omissions.

12. Promotional Discounts

1. Discounts are offered as an "as-is" reduction to the cost of services and may be modified or revoked at any time at the sole discretion of Sparked Host. Services with recurring discounts will revert to the full standard price if we cancel, suspend, or discontinue the discount or promotional offer. We reserve the right to remove discounts from specific products or clients without prior notice.
2. Discount codes must not be reused or exploited to obtain additional or unauthorized reductions in service pricing. You are strictly prohibited from misusing discount codes, including, but not limited to, creating new services each month to repeatedly apply promotional discounts. Such actions constitute a violation of these Terms and may result in suspension or termination of services.
3. Discounts created after the purchase date of a service cannot be retroactively applied.
4. Discounts have no cash value. Any approved refund shall be based on the amount actually paid after application of the discount.
5. Discounts are issued as part of seasonal promotions and are subject to expiration at our sole discretion.

13. Acceptable Use

1. We are committed to maintaining a high standard of service quality and reliability, upon which our clients depend. Accordingly, we reserve the right to deny or terminate services for any client found to be using our services for the following purposes:
   1. Hacking activities, including unauthorized access to computers or networks, port scanning, stealth scanning, and phishing, are strictly prohibited.
   2. Hosting, storing, or distributing content without the ownership, license, permission, or other legal authority required for such use, or in violation of another person’s intellectual property rights, is prohibited. Provided, however, that the foregoing restriction shall not apply to software, code, or materials released under a recognized Free and Open-Source Software (FOSS) license, provided that the user complies with all applicable terms and conditions of such FOSS license.
   3. Spamming, including bulk unsolicited emails or unauthorized commercial messages using our services, is strictly prohibited. Open SMTP connections for such purposes are also forbidden.
   4. Uploading or linking to content that infringes on another individual's rights to privacy or publicity is strictly prohibited.
   5. Distributing hate speech or any content that is obscene, abusive, libelous, or defamatory is prohibited.
   6. Hosting, storing, distributing, or linking to child sexual abuse material is strictly prohibited. Adult pornographic content, bestiality content, and legally obscene material are also prohibited.
   7. Hosting, storing, or distributing scam sites, phishing sites, and any other material deemed illegal under United States law is strictly prohibited.
   8. Using the Services to operate a streaming content delivery network (CDN) is prohibited.
   9. Threats to perform attacks or doxing, including testing of our attack protection measures, are prohibited.
   10. Distributing malware or ransomware, operating botnets, or conducting denial-of-service attacks is prohibited.
   11. Hosting or selling account credentials obtained through illegal or illicit means is strictly prohibited. This includes, but is not limited to, using account generators or bots to scan or brute-force accounts.
   12. The production, hosting, or sale of illegally or illegitimately obtained game codes, license codes, gift codes, hardware license codes, or software codes is prohibited.
2. Engaging in any of the prohibited activities outlined above may result in suspension or termination under Section 14. Refund eligibility is governed by Section 10.

14. Termination of Service

1. Access to the Services may be restricted upon suspension and discontinued upon termination. Section 26 governs nonpayment-related suspension and termination; cancellation takes effect as provided in Section 15(b). You are responsible for regularly backing up your files to an off-site location (e.g., local storage). We assume no liability and make no warranties regarding file accessibility or recovery once a server has been suspended or terminated.
   1. Subject to applicable law and any agreed obligations, upon termination, service data and associated backups may be permanently deleted and may not be recoverable.
2. We may suspend or terminate affected Services for violations of our abuse or acceptable-use requirements. We will provide reasonable notice and an opportunity to correct a violation unless immediate action is reasonably necessary to comply with law, stop ongoing abuse, or protect security, our infrastructure, or other users.
3. Termination of Service for Compliance and Abuse Violations:
   1. If your service is terminated due to abuse-related concerns, your data may be retained for up to 365 days (one calendar year), where reasonably necessary to investigate abuse, prevent fraud, or establish, exercise, or defend legal claims, or longer where required by law.
   2. We reserve the right to retain and report your data to relevant authorities, subject to our Privacy Policy. By using our services, you consent to us accessing data from your services to provide necessary information to law enforcement agencies or as required through a lawful subpoena.
   3. If you choose to contest our decision, our Compliance Department will review your case and make a final internal determination. During any termination related to abuse, you will lose complete access to your data and files, and no guarantees regarding accessibility or recovery will be provided.

15. Payments, Cancellations, and Chargebacks

1. Payments
   1. You agree to remit all required payments for the services rendered before the applicable service period during which such services are provided.
   2. You are solely responsible for ensuring that your payment information remains accurate and up to date and that all invoices are paid promptly by their respective due dates.
   3. Price changes are governed by Sections 2 and 26. If you have authorized automatic payments, we may charge the applicable price under that authorization and any required notice.
   4. Invoices are generated 15 days before the applicable due date. If you have an active payment method on file with the payment processor used for your purchase, the payment processor may automatically process payment before the invoice due date for service renewal.
   5. Credit and debit card payments are not processed directly by us.
   6. Any payment processing fee or tax charged to you will be disclosed before payment at checkout.
   7. Payments made through our donation feature toward another user’s Client Account or Services (“Donations”) are final, non-refundable, and remain subject to chargebacks.
2. Cancellations
   1. You may cancel a Service using the cancellation function in your Client Account or by submitting a support ticket identifying the Service. Cancellation takes effect at the end of the current paid term. A cancellation request received before the next renewal term begins prevents that renewal and does not require further approval from us. Cancellation does not eliminate amounts already owed.
   2. You are responsible for reviewing and managing your pre-approved automatic payments to ensure that no unauthorized payments are made to us in the event of a cancellation. Although we do not issue invoices after cancellation, your payment processor may still process pre-approved payments automatically. Refunds will only be issued for payments made within the last 180 days of service.
3. Chargebacks
   1. You retain the right to dispute charges with your payment provider if you have a good-faith belief that a refund or credit is owed by us. Before initiating a chargeback, we ask that you first contact our support team to allow us the opportunity to resolve the issue with you directly.
      1. If a Donation payment is subject to a chargeback, the account receiving the payment will be responsible for covering any associated fees or charges.
   2. We reserve the right to report fraudulent or unauthorized chargeback activity to major credit bureaus. Additionally, we may report such activity to Fraud Record, our service provider, to identify and prevent malicious clients from accessing services provided by other industry providers.

16. Severability

1. If any provision of these Terms is deemed illegal, void, or unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. The invalid provision shall be interpreted, to the extent permissible, in a manner that reflects the original intent of both parties. The parties further agree to replace any invalid or unenforceable provision with a valid and enforceable provision that closely aligns with the original intent and purpose of the clause deemed void or unenforceable.

17. Relationship to Other Agreements; Order of Precedence

1. These Terms of Service operate alongside, and are supplemented by, any other agreement between you and us, including custom or enterprise agreements, master services agreements (MSAs), statements of work (SOWs), order forms, dedicated server agreements, custom infrastructure or colocation-style arrangements, our Acceptable Use Policy (AUP), any product-specific or service-specific terms, the Privacy Policy, and the Service Level Agreement (SLA). Each such document is incorporated herein by reference to the extent applicable to the Services you purchase.
2. In the event of any conflict or inconsistency among these agreements, the following order of precedence shall control, from highest to lowest, but only to the extent of the conflict: (a) a signed custom or enterprise agreement, MSA, SOW, order form, dedicated server agreement, or other individually negotiated deal-specific agreement executed by an authorized representative of Sparked Host, which shall override these Terms of Service to the extent of any conflict; (b) any applicable product-specific or service-specific terms; (c) the Acceptable Use Policy (AUP); (d) the Service Level Agreement (SLA); (e) the Privacy Policy; and (f) these Terms of Service. Except to the extent of an express conflict, all such documents shall be read together and given full effect.
3. The Privacy Policy governs the collection, use, and processing of personal information and is referenced, but not restated or duplicated, in these Terms. The SLA governs uptime, availability, service credits, and covered outages, and is likewise referenced but not restated herein. Nothing in these Terms shall be construed to create, and we do not undertake, any uptime, availability, support, DDoS mitigation, data restoration, or backup guarantee broader than what is expressly set forth in the SLA, applicable product-specific or service-specific terms, or an applicable signed agreement. In the event of any conflict between these Terms and the SLA or Privacy Policy regarding those subjects, the SLA or Privacy Policy (as applicable) shall control.

18. Limitation of Liability

1. To the fullest extent permitted by applicable law, no Company Person shall be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of or damage to data, loss of profits, loss of revenue, loss of goodwill, or business interruption, arising out of or relating to the Websites, the Products, or the Services, regardless of the theory of liability and even if advised of the possibility of such damages. Without limiting the foregoing, we shall not be liable for any loss, damage, or claim arising from or relating to: (i) lost, corrupted, or unrecoverable data; (ii) lost profits or business interruption; (iii) Client Content or any content transmitted, stored, or hosted by or for you; (iv) abuse, misuse, or illegal use of the Services by you or your users; (v) third-party software, applications, plugins, mods, modpacks, scripts, or custom code; (vi) plugin, mod, or configuration conflicts or failures; (vii) game updates, publisher changes, or third-party game software issues; (viii) network attacks, denial-of-service or distributed denial-of-service (DDoS) attacks, or related mitigation measures; (ix) your misconfiguration; (x) security compromises caused by you or your users, staff, admins, moderators, developers, or resold users; (xi) downtime or outages outside our direct control; and (xii) acts, omissions, outages, or failures of third-party providers, including datacenters, upstream networks, DDoS providers, payment processors, registrars, control panels, software vendors, game publishers, hardware vendors, and carriers.
2. To the fullest extent permitted by applicable law, the total aggregate liability of the Company Persons for any and all claims arising out of or relating to these Terms, the Websites, the Products, or the Services shall not exceed the amount you paid for the affected Service for the billing period in which the event giving rise to the claim first occurred.
3. Where the SLA provides for service credits in connection with a covered outage or availability shortfall, such service credits shall constitute your sole and exclusive remedy, and our entire liability, for that outage or shortfall.
4. This Section is in addition to, and does not limit, your indemnification obligations set forth in Section 11 (Indemnification) and the disclaimer of representations and warranties set forth in Section 5, each of which is incorporated herein by reference. The limitations and exclusions in this Section shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or your use of the Websites or the Products.

20. Backups, Data Loss, and Deletion

1. You are solely responsible for maintaining your own off-site backups of all Client Content, unless a backup product or service has been expressly purchased as part of the applicable service.
2. Except where a backup service is the product purchased, backups are not guaranteed. Where backups are offered, they may fail, be incomplete, be overwritten, be unavailable, or not cover all data, depending on the product.
3. Subject to the timing requirements in Sections 15 and 26, upon nonpayment, cancellation, suspension, termination, fraud, abuse, chargeback, migration, hardware failure, or data center issue, Client Content and associated services may become inaccessible and may be permanently deleted. Clients should not rely on Sparked Host as their sole means of data retention.
4. Deletion and data-retention timelines are as stated in these Terms and the Privacy Policy. In the event of any apparent inconsistency, these documents shall be read together and, to the extent possible, harmonized so as not to conflict.

21. Intellectual Property (Company)

1. We retain all right, title, and interest in and to our brand, website, control panel, software, documentation, pricing materials, designs, internal tools, logos, trademarks, and all other Sparked Host materials, whether or not registered. We may incorporate or utilize certain open-source software components (“Open-Source Components”). We do not claim ownership of any third-party Open-Source Components, and such components remain subject to their respective open-source licenses.

   Notwithstanding the foregoing, as between you and us, we retain sole and exclusive ownership of all right, title, and interest in and to any proprietary modifications, enhancements, derivative works, or custom additions created by or for us with respect to such Open-Source Components, to the extent such modifications are protectable under applicable intellectual property laws and do not breach the terms of the underlying open-source license.

2. You may not copy, scrape, reverse engineer, or decompile our proprietary software or materials. You may not misuse our marks, impersonate us, or suggest any unauthorized affiliation, sponsorship, or endorsement by us.
3. You retain your rights in your own Client Content, subject only to the limited license granted to us under Section 19(c).

22. DMCA / Copyright Complaints

1. Sparked Host respects the intellectual property rights of others and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

   A copyright owner or its authorized agent may submit a written notice of claimed infringement to our Designated Agent containing the information required by 17 U.S.C. § 512(c)(3). Upon receipt of a valid notice, we will act expeditiously to remove or disable access to the allegedly infringing material and will make reasonable efforts to notify the affected client, who may submit a counter-notice as permitted under 17 U.S.C. § 512(g).

2. In accordance with the DMCA and applicable law, Sparked Host maintains a policy of terminating, in appropriate circumstances, the accounts of clients who are repeat infringers.
3. Notices and counter-notices must be sent to our Designated Agent: Austin Johnson, 104 East 600 South St #121, Heber City, UT 84032, 801-505-8016, [email protected].

23. Network and DDoS Protection

1. To protect the integrity of our network and the interests of other clients, we may, at any time and without prior notice, filter, rate-limit, null-route, quarantine, throttle, suspend, migrate, isolate, or otherwise restrict any service, including temporarily limiting or disabling a service that is impacting the wider network.
2. We do not guarantee that any particular attack, including any distributed denial-of-service (DDoS) attack, can or will be mitigated.
3. Any uptime credit, DDoS-related credit, or availability commitment, if offered, is governed exclusively by the applicable Service Level Agreement (SLA) and not by these Terms.

24. IP Addresses and IP Reputation

1. Any IP addresses assigned or made available in connection with a service are provided for use with that service only and are not sold to you. Subject to Section 24(d), we may change, remove, renumber, reclaim, or reassign IP addresses at any time as we reasonably determine necessary. You acquire no leasehold, ownership, or other proprietary interest in any IP address.
2. You are solely responsible for your use of assigned IP addresses, including responsibility for spam, blacklisting, abuse complaints, IP reputation damage, reverse-DNS (rDNS) misuse, failure to justify IP usage, use of IP addresses for prohibited activity, and abuse by downstream or resold users.

3. We may, at our option, provide you with access to shared IP addresses utilizing port allocation or Network Address Translation (NAT) techniques at no additional charge (“Free Port-Allocated IPs”). Free Port-Allocated IPs are shared among multiple users, ephemeral, and non-persistent.

   We do not guarantee that specific ports or a specific IP address will remain assigned to you. We may rotate, change, or terminate access to Free Port-Allocated IPs at any time without notice or liability.

4. You may also opt to rent dedicated, persistent IP addresses for a separate recurring fee, as specified in the applicable Order Form (“Rented IPs”). Subject to the timely payment of all relevant fees, we will reserve the specified Rented IPs for the exclusive use of your Client Account during the term of the rental. Upon the expiration, cancellation, or termination of the Rental IP subscription, or upon your failure to pay the associated fees, your right to use the Rented IPs shall immediately cease. We will immediately reclaim the Rented IPs and may reallocate them to other clients.

25. Third-Party Providers and Dependencies

1. We rely on third-party providers and vendors to deliver our services, including data centers, upstream networks, DDoS providers, payment processors, domain registrars, control panels, software vendors, game publishers, and hardware vendors. We are not responsible for matters outside our direct control, including data center outages; upstream network or routing issues; DDoS provider issues; vendor suspensions; domain registrar actions; payment processor problems; software bugs; game publisher changes; hardware shortages; power, facility, or carrier issues; and control panel outages. This Section does not excuse our failure to perform our own express obligations or limit compensation expressly available under the applicable SLA.

26. Billing, Renewals, Grace Periods, and Price Changes

1. Services are billed on a recurring basis and, unless canceled in accordance with these Terms, automatically renew at the end of each billing cycle for a successive term of equal length. Billing cycles may be monthly, quarterly, semiannual, annual, or on such custom term as stated on the applicable order form, invoice, or product description.
2. Invoices are automatically generated fifteen (15) days before the applicable due date. Where you have authorized automatic payments, your designated payment method may be charged in accordance with the billing schedule disclosed to you and that authorization.
3. If a payment is declined or an invoice remains unpaid on its due date, we will provide a grace period of two (2) calendar days following the invoice due date within which payment may be made before further action is taken.
4. If an invoice remains unpaid after the grace period, we may suspend the affected Services, in whole or in part, without further notice until all outstanding amounts are paid in full.
5. If an invoice remains unpaid following suspension, we may terminate the affected Services no earlier than fifteen (15) days after suspension, and any associated data, files, or add-ons may be permanently lost as described in Section 14.
6. Except as otherwise provided in Section 10, an applicable agreement having priority under Section 17, fees are non-refundable, and no credit or refund will be issued for any unused portion of a billing cycle following cancellation, suspension, or termination.
7. Prices are subject to change at any time as provided in these Terms. Promotional, discounted, legacy, and custom pricing are offered at our sole discretion, may be time-limited, and, unless otherwise agreed in writing, will revert to the then-current standard price upon renewal or upon the expiration, cancellation, or discontinuation of the applicable offer.
8. Unless otherwise stated, all prices are exclusive of any applicable taxes, duties, levies, regulatory or governmental fees, and payment processor or gateway charges, all of which are the sole responsibility of you, and may be added to the amount charged. The total cost of your transaction, including base price, estimated taxes, and any relevant administrative or processing fees, will be calculated and displayed clearly for your review before you confirm your order and before any payment is processed. By completing the checkout process, you agree to pay the total final amount displayed.

27. Scope of Services; Managed vs. Unmanaged Support

1. We offer a range of distinct services, including but not limited to shared Minecraft server hosting, other game server hosting, virtual private servers (VPS), dedicated servers, cloud hosting, web hosting, Discord bot hosting, IP address and product add-ons, and custom infrastructure arrangements, as well as any future cloud, AI, compute, or infrastructure services we may offer. Each service is different, and the scope of what is included is defined by the applicable product description, order, or checkout terms for the specific service purchased. A shared service is not equivalent to a VPS, dedicated server, cloud product, or custom infrastructure deal, and support for one service does not imply support for any other.
2. We provide customer support for most products, including Minecraft, game hosting, and Discord bot hosting. However, some other products, including but not limited to VPS, web hosting, and dedicated servers, are unmanaged unless otherwise stated in the applicable product description or agreement. For all unmanaged products, you acknowledge that we are responsible only for the underlying infrastructure and service expressly included in the purchased product, and you are solely responsible for everything you install, configure, run, expose, deploy, or otherwise manage, including without limitation plugins, mods, modpacks, scripts, custom software, custom jars, third-party applications, and customer-written code.
3. Except as expressly included in the purchased Services or otherwise agreed in writing, we are not obligated to support, troubleshoot, repair, or maintain any software, application, configuration, or code that you or your users install or operate on a service, and any assistance we voluntarily provide shall not be construed as an assumption of responsibility for such items.
4. Paid managed setup, migration, or custom configuration work, where offered, is a separate service that may be governed by separate product-specific terms, addenda, statements of work, or order forms. In the event of a conflict between such product-specific terms and these Terms with respect to the applicable service, the product-specific terms shall control for that service.
5. With respect to game server hosting (including Minecraft and other game services), we are not responsible for, and expressly disclaim any liability arising from, broken or incompatible plugins or mods, game updates that affect compatibility, incorrect, misconfigured, or incompatible client configurations, third-party software bugs, community disputes, player bans, in-game harassment, sabotage, or other intentional behavior targeting other players a.k.a. griefing, cheating, in-game economies, server-owner or administrator moderation decisions, or disputes between you and your players, users, or community members.
6. You are solely responsible for complying with all applicable game publisher terms, end-user license agreements (EULAs), and applicable game-related rules for any game or software that you operate using the services.
7. Most services are provisioned instantly; however, provisioning in some cases may depend on hardware availability, fraud or manual review, datacenter work, IP availability, networking, vendor timelines, inventory, or manual setup. Any estimated provisioning, setup, or deployment timelines are estimates only and are not guarantees unless expressly agreed by us in writing. This applies in particular to dedicated servers, IP allocations, custom hardware or infrastructure, colocation-style arrangements, migrations, and large orders.