These Terms of Service apply to the ServerBlend websites located at serverblend.com and any of its sub-domains. It also applies to any other associated systems and all services provided by ServerBlend. ServerBlend is a trading name of ServerBlend Hosting LLC, 12817 Rush Creek Ln Austin, TX 78732. The terms of Service apply and will be governed by the law of the United States, any disputes will be settled in a court of law in the United States. The following terms set out the agreement between ServerBlend Hosting LLC hereby referred to as (“us”), (“our”), (“we”) and the user, hereby referred to as (“you”), (“your”). The user is defined as any person who has created an account, or been given access too and accessed any of our websites, systems, or ordered any service from us. The service can be free or paid, and money does not need to be paid in order be classified as a user. We reserve the right to update these terms at any time without notification, it’s your responsibility to check the terms regularly to ensure your continued acceptance. Continued use of any service, system or website operated by us following any changes shall constitute your continued agreement. If you do not agree, you will terminate your service with us and diss-continue use of our websites or any associated systems. As-long as you comply with these Terms of Service, we grant you a personal, non-exclusive, non-transferable, limited privilege to use our websites, systems and services offered.
Service / services – Anything you can use, order, purchase or receive on or through our websites or systems. Sponsor / Partner – Any person, company, group, website or other entity that we provide something to or/and we receive something from them. Off-site – Anything that is not on the server it was originally. For example, your service is provided on server a, backups are kept on server b. Server – The computer, machine, node or hardware at which a service is provided on or goes through.
When you order from us, or create an account on our website or systems, even without making an order for services, you will provide personal details associated with yourself in order for us to fulfil our agreement to you. You agree that any personal details provided are accurate and true, if there are any changes to these details, you will update these in your account on our systems or notify us of the change, so we can keep your details up-to-date.
Providing false details or failing to keep the details up-to-date is a violation of our Terms of Service and will result in account and all associated services suspension pending correction, or termination without refund if correction of the incorrect or out of date information is not completed.
1.1. Country and VAT certification.
You agree that the country that you supply on your account and during your order is your main residence. If you supply a VAT number during your order or add one to your account, you agree that you own and control the company at which the VAT number is associated with, and the services purchased from us is for sole use by the company in its business activities. This is required to ensure that the correct amount of tax is collected and paid. If an incorrect country is provided, or a VAT number is used fraudulently, we reserve the right to collect the correct and full amount of tax once we discover of the falsification of information, for all past invoices and payments.
1.2. Minimum Age
By creating an account, ordering a service or using any of our websites or systems, you certify that you are at-least 16 years old. If you are between the age of 13 and 15, you may only use our website, systems and order a service through us with the consent from a parent or guardian. Any personal details submitted, must be that of your parent or guardian and not that of your-self.
Under no circumstances may a person under 13 years of age, use our websites, systems, create an account or order any services whether free or paid.
1.3. Competitor Relations
By creating an account on any of our websites or systems, or ordering any service, free or paid, you agree that you are in no-way related or affiliated with any other game hosting provider or other competing company. You will not advertise or otherwise promote in any form a competing company using our services, systems or websites.
1.4. Suspension, Alteration or Termination
We reserve the right to suspend, terminate or alter a service that at our sole discretion does not follow the Terms of Service or puts at risk our systems, websites or services from operating as we intend, their security, stability, performance or for any other reason, at any-time and without prior notice.
On alteration it is possible that data-loss may occur, we will in most cases take a backup of any file we alter to protect from this possibility, but we do not guarantee this and you agree to keep regular backups of your files to protect yourself of such occurrence.
On suspension, we will attempt to contact you regarding the issue, if we do not hear from you, or acceptable action is not taken to resolve any issue, we will terminate the service, and if necessary as we will solely decide, other connected services and any accounts on our websites or systems. On termination all files will be removed and will not be able to be recovered. We reserve the right in cases that we solely deem to be serious enough to terminate the service without prior suspension.
2. Billing and Renewals
ServerBlend, is a trading of ServerBlend Hosting LLC, and therefore payment invoices, payment statements, bank statements, payment receipts, “pay to” values and other transactions may show that it is to “ServerBlend Hosting LLC”, in some cases, will show just “ServerBlend” instead.
Payments made to us can be on an automatic, or manual method, those on an automatic method such as, but not limited to, PayPal or Debit card or Credit card will take payment automatically on the invoices due date for the renewal of the service, services renew each month. You authorise us to charge any payment method you have on file with us to attain payment for any invoice in relation to your service, even if that payment method was not selected for the invoice, automatically, unless a cancellation, in-line with section 2.1 of our Terms of Service has been submitted before the invoices due date.
Payments to the first invoice of a service must be paid at the time of order, if it is not, we reserve the right to cancel the order and you will need to submit a new order. Payments to invoices for renewals must be made within 5 days, unless otherwise agreed with us in writing, if payment is not made to the invoice within that time, we reserve the right to cancel the service associated and delete all associated files.
Payments for invoices will be attempted from any payment method.
Services provided by us can be cancelled at any-time by contacting us, or submitting cancellation via your client area. Unless it is specified otherwise, elsewhere in these Terms of Service or agreed in writing between you and us. We sometimes offer contracts in order to reduce the monthly cost to you, if such agreement has been made, these cancellation terms may not apply to you, and instead the ones agreed at the time of such agreement will supersede these terms.
When a cancellation is submitted via any method, you will always receive confirmation of your cancellation being received and processed. You must keep a record of this confirmation to be relied upon in the event that further payments for the service have been made after the cancellation has been submitted. If you do not received confirmation of the cancellation, you must try again or contact us to achieve confirmation. Without a confirmation, your cancellation may not have been received and therefore your service will remain active and payments will continue.
Cancellations must be made before the renewal of the service on the associated invoices due date. Cancellations after that date, will count for the following months renewal.
Cancellations for dedicated servers must be provided with 72 hours notice before its due date, after that the cancellation will apply for the following renewal and the amount due for that renewal will be due in full. If you fail to pay we reserve the right to follow up and collect the amount due via debt collection operations, when this is required, reasonable fee’s may be added to the amount due in association to our costs with the debt collection or the third party’s collection service fee’s.
2.2 Payment Errors
It is possible under many circumstances that a payment error may occur, this may happen due to an error in our systems, an error in the third-party payment processors we use or as of human-error. An error may be for example, but not limited to, be a duplicate payment to an invoice, or payment after cancellation. Payment errors that you find, you must make us aware within 60 days of the error occurring for it to apply for a refund. After this time the payment is non-refundable, and will convert to credit on your account with us which can only be used on services we provide. If we, or our automatic systems find a payment error, the funds from the error will be applied to your account with us as credit which can be used on any service we provide, once the credit has been used, or after 60 days has passed, the funds become non-refundable.
You agree that it is your responsibility to check to ensure the correct amount has been paid, and contact us in the event of an error.
Credit may be applied to your account with us for many reasons such as good-will, from a payment error or from the public pay system as explained further in section 2.5 of these Terms of Service. When a credit is provided as good-will, we reserve the right to remove this credit at a future time, without notice. Credit on your account is non-refundable other than as specified in section 2.2 of these Terms of Service. Credit can be only be used on services we offer on the ServerBlend.com website, we reserve the right to deny the use of credit on service. Credit is non-transferable and non-refundable.
2.3.1 Unused Credit
Credit assigned to your account from any method has a maximum life of 24 months after the last payment has been made to us. After those 24 months a dormancy fee of 5 of your account’s currency will be charged each month, this will continue until the credit on your account reaches zero.
2.4 Varying Prices/Charges
The amount paid for a service you order from us, may vary from the amount specified during your initial order of that service. For reasons such as, but not limited to: if you upgrade or downgrade the service provided, if you sign up with a discount code or with a free-trial, you purchase an addon, if we charge you extra for extra services, due to currency conversion differences, payment processor or bank charges or if we decide to increase or decrease the price.
In the case of us increasing the price of your service, we will send one email to you regarding this price increase and give you opportunity to reject the price increase. In the case that you reject the price increase, your service will be cancelled either at the end of the current billing term, or immediately, if we solely decide it is necessary. In the case that we do not hear back from you before the date we specify the price increase will occur, this will constitute the acceptance of the price increase and we will proceed with increasing the price of your service and charging the increased amount automatically.
In the case of currency conversion differences, payment processor or bank charges, the total payment from your payment method may differ to what is paid to us and/or as stated during the order process of the service or on its associated invoice. This can happen if your bank or payment processor charges you fees in addition to what we charge, for example but not limited to, in relation to processing the payment, or due to paying in a different currency than your payment method is in. We do not know if your bank or payment processor will charge you fees in relation to your purchase from us and therefore, we are not liable for such charges. It is your responsibility to check with your bank or payment processor if they will charge any extra fees in relation to your purchase.
In the case of upgrades, downgrades, signing up with a discount code or free trial, addon or extra service purchases, the price associated to them will be shown to you during the order process of that order, which you will agree to upon proceeding with the order.
2.5 Public Pay
The public pay system enables users to receive payments to their account in the form of account credit and therefore applying the terms from section 2.3 of these Terms of Service, from other persons via a unique payment link.
The system is a third-party program, not developed by us, and therefore is provided without guarantee of successful payments and application of such payments to the associated accounts credit balance and is provided as-is.
All payments made this way are non-refundable. Payments made through this system does not give the payer any right over these funds or confer any rights over the services on the account to which the payment was made too. The right to these funds and how they are used, if at all, is transferred to the user that now has the account credit on their account with us, as a result of the payment being made via this system to the users account
2.6 Payment Disputes or Charge-backs
You agree to not open a payment dispute with our payment processors such as but not limited to, PayPal, or via your bank. If you disagree with a payment made to us from you, you will contact us to enquire about the payment and look for resolution to the issue. We will work with you in-line with our Terms of Service in an attempt to resolve the disagreement. We will solely decide if the amount charged was required or not and if any refund shall be provided for it.
Opening a dispute or charge-back will result in the associated fees being charged to you. Opening a dispute or charge-back, and even if it is won in your favour, does not mean that the amount charged is not due. We reserve the right to escalate any outstanding debt with the addition of the associated fees as a result of a dispute or charge-back to collection agencies to collect the debt owed and apply interest and late fees as permitted in addition to the original amount by law.
2.7 Promotions, Discount Codes, Free Trials and Add-on Benefits from a Third Party
Promotions or discount codes cannot be used in conjunction with another. We do not guarantee that an advertised promotion or discount code on our own or third-party website will work at all times as promotions and discount codes can vary on what they can be used on and when.
If you choose a free trial of any service provided by us, after the free-trial has ended, the free-trial service will convert to a standard service of the same type and therefore apply to the standard payment, cancellation and all other related terms, the payment details submitted during the trial sign up will use for the payment of the invoice for the standard service at the standard cost at that time.
We have agreements with different third-party companies to offer benefits to the clients of ServerBlend, such as but not limited to, a free trial of their service or a discount. However, we do not provide any kind of guarantee, warranty, suitability of purpose or that they will perform as advertised. They are provided as good-will only, and we cannot guarantee that such offer will be available to you after you have selected it as part of your order as the third party may decide to refuse to full-fill it for any reason. Refunds are not provided for failures in supply, effectiveness or use of such third-party benefits, and the benefits can be withdrawn at any-time, without prior notice.
We provide up to a 7-day refund policy, however this does not apply to everything and does have terms associated. We provide a refund up-to 24 hours after purchase for any reason.
For a refund after 24 hours, and up-to 7 days, the service provided must have failed to be provided within a reasonable time, at a reasonable price or without reasonable care and skill taken by us. The issue at which a refund is being requested for, must be solely down to an issue on our side. Refunds will not be provided for issues outside of our control, such as, but not limited to, data centre issues, network issues or DDOS attacks causing downtime to the service, issues with third-party software, applications, mods or other, or issues with the client configuration of services provided.
Refunds do not apply to: Dedicated Servers or service addons.
Refunds are not provided after 7 days of initial purchase, refunds are only done for renewals if we’re contacted within 24 hours after payment of request to cancel and be refunded for the renewal.
For all refunds, they must be requested by contacting our sales team via support ticket via your client area, and they cannot equal more than the amount originally paid, and they will only be paid back to the original payment method.
We display different currencies to you to help make the order process and your understanding of the costs easier. This does not however always mean that the payment will be made in that currency. As for example, but not limited to, for PayPal, the payment will be made in the stated currency however if paying by debit or credit card, the amount paid will be in British Pounds.
2.10 Fraud Checks
2.11 Best Price Guarantee
With our best price guarantee, we will beat a competitor’s price (excluding any applicable taxes), or provide one month’s free service.
However, the competitor must be a close competitor. This is defined as a competitor that offers at our sole decision, provides a similar service to us at a similar service level, location and price. Competitors that provide much worse performance, control panel or support to us, would not be a close competitor.
If a free month is provided, the service will renew for the following month at the regular price unless you cancel it before the due date. An email will be sent out prior to renewal when the renewal invoice is generated.
If we beat the price, we reserve the right to revoke this at any point in the future, you will be sent an email of the upcoming price change. If we do not hear from you with your rejection of the price change before the price change date, that will constitute that you are happy to proceed despite the price change, and the service will renew automatically at the updated price.
Service add-ons, for example but not limited to our initial-configuration addons are attached to the related service. They are cancelled as soon as the service it is an add-on for is cancelled or terminated. If a service is suspended, the service add-on attached to it is also suspended.
If the paid amount each month is less than £4, you do not qualify for free add-ons.
Configuration or mod installation add-ons provides the installation of up-to 3 mods, and 30 mins of work each purchase. With this service, we do not agree that a mod can be installed or the required configuration set. We do not guarantee this because such issues can arise with the requests, such as, but not limited to, if a mod is requested to be installed, but it is found that it is broken, or is not compatible with our systems. We will make a best effort to install the mods and setup the configuration as requested, we do not guarantee that the work done will be completed correctly, or if the installed mods or configuration set on your request will not cause problems on the server.
2.12.1 Complete In-House Management
This add-on does not guarantee unlimited management or time from us, it has a maximum of 3 and a half hours of work done by us. If you request many tasks as part of this service, that go over this maximum, we reserve the right to charge you for the extra time, which you will be able to agree or deny to at the time of such occurrence. If you deny the extra charge for the extra time, no-further work will be done as part of this service until the next billing term, at which point the maximum 3 and half hours will begin again.
With this service, we may perform actions on your service that has the possibility to cause data-loss, in most cases we will take a backup of the files before doing any action we suspect has this risk to protect from the possibility. However human-error may occur, or something we do not suspect to cause data-loss may cause data-loss, as such it is your responsibility to ensure regular backups are taken to protect your data from such possibilities.
Sub-domains are removed when the service associated is cancelled or terminated, they cannot be used on services outside of our control or set to an IP that is not controlled by us, or using any domain other than serverblend.com. Sub-domains cannot be used for any purpose that may cause damage to our brand, reputation, name or other tangible or in-tangible asset. We reserve the right to remove or de-activate a sub-domain at any time, for any reason, without prior notice, and prevent the use of future sub-domains. This will mainly be needed if we suspect that the sub-domain is being used with the intention of foul play.
2.13 G2A Pay
3 Privacy and Security
Furthermore, you agree that internet transmissions are never completely private or secure, and by using our websites, systems or creating an account on our websites or ordering any service you agree to position your data on our systems, therefore making it potentially accessible by the public. In this sense you accept that it is beyond the power of us to guarantee that access will only be made by authorised persons and guarantee the security of your files or data or that data may be read, intercepted or otherwise access by unauthorised persons. We do implement security measures to help protect and prevent such occurrences, such as, but not limited to, using TLS. There are also security measures you must put in place your-self such as, but not limited to, a strong, unique password.
You are fully responsible for the security of your accounts and services you have order from us, and you agree to implement appropriate security measures to secure them.
Due to the above-mentioned points in section 3 of our Terms of Service, you agree to indemnify and hold us harmless of any loss or harm that you or a third-party occur weather financial, non-financial or otherwise, as a result of a data or privacy breach, and therefore we will not be held liable for any result of such occurrences.
3.1 Third party links, downloads, applications, systems, mods or files.
There may be links to third-party websites or systems or downloads for third party systems, applications, mods or files on our websites and systems. We do not guarantee that these will be secure, or safe to go to, download or use, or that they will work as intended, or that they will not cause issues on your service, we do not endorse them and you must use your-own judgement when visiting any third party websites, systems or installing, uploading or using any third party systems, applications, programs, files, scripts or any other third party created item . They may also introduce additional terms, licences, privacy policies or EULA’s. As they are not under our control it your responsibility to ensure that you agree to any additional terms, licences, privacy policies or EULA’s of these third-party websites, applications or systems in relation to their use before they are downloaded, installed or used in any way, and we are not responsible or liable for any issues you occur with them.
Many services we provide, including but not limited to, our game servers and voice servers, use third party software or applications in order to run and are required to use for them to operate. Due to this, there may be bugs or other issues with them, we are not in control of the development of these applications or software and as such will not be held responsible or liable for any issues you occur with them that are outside of our control. They may also apply additional terms, licences, privacy policies or EULA’s which you will need to accept before they are ran or used, simply running them, may constitute your acceptance of them. If after purchase of a game or voice server, you read and find that you do not agree to these additional terms, licences, privacy policies or EULA’s that the third-party software, application or program applies, you may cancel and request a refund in-line with section 2.8 of these Terms of Service. If the software or application has been ran, this will constitute your acceptance all additional terms, licences, privacy policies or EULA’s and at that point a refund will not be provided if you decide you do not agree to them at a later point.
3.2 Non-Permitted Activities and Unauthorised Access
Your accounts on any of our websites and any associated services are your sole responsibility. If you share access to these to anyone, you are responsible and liable for any actions done by these persons, or for any security breaches caused by sharing this access. If you do not share access with anyone, but your account is still accessed with authorisation, you will still be responsible and liable for any actions done by this unauthorised person. For this reason, it is important that you secure your accounts in every way possible and it is your responsibility to do this, for example, but not limited to, by using strong, unique passwords that you do not write down and no-one else knows, updating your passwords on a regular basis, using two-factor authentication, performing regular virus and malware scans on your computer with reputable virus and malware scanners to ensure that your computer does not contain any malware or viruses, virus and malware scanning and checking for safety any files that you upload or install onto our websites or systems to ensure they do not contain any malware, viruses or could harm our websites or systems in any way.
You agree to not, and not permit or enable any third party to:
Doing any of the above actions that you agree not to do, or enabling any third party to do so, will result in the full liability of the results of such actions to be applied to you.
4 Game, Voice Server Hosting Services and Dedicated Servers, VPS or Cloud Services
4.1 Setup and Provisioning
Before a game or voice server can be setup, it must pass our fraud checks as outlined in section 2.10 of these Terms of Service, payment must also be completed in full, we may also choose to do further checks or ask for further verification if the order is large, or we solely deem necessary. If payment has been made by e-check or other non-instant method, we will wait until payment has cleared before proceeding with setup.
We do not guarantee instant setup, as many factors can delay the setup procedure such as, but not limited to, the game and voice server chosen, the current setup demand or if there is an issue with the provisioning system.
If we, or our automatic provisioning system comes to setup your game server or voice server and it is found that, the configuration chosen Is not available. Such as, but not limited to, if it has just gone out-of-stock. You will be sent an email regarding this and the game server or voice server will either not be setup and wait until the chosen configuration is available, or will be placed on its closest available configuration, you will be able to request being put on the initially chosen configuration as soon as possible, or receive a full refund in-line with our refund terms found in section 2.8 of these Terms of Service. For a refund to apply, you must contact us via support ticket, via your client area within 48 hours after the email regarding it has been sent.
We offer an option to you during order for many game servers and voice servers to choose the number of slots, connection slots, player slots, game slots or other similar term. In some cases, this can be unlimited. This however does not mean nor guarantee, that number of players or connections can be made to the game or voice server.
If you have chosen an amount of RAM for your game server, this is not a guaranteed amount of RAM that can be accessed and used at all times, issues with the server your game server is on may prevent the full utilisation of the chosen RAM amount. If you find that your game server is unable to use the amount of chosen RAM, you must contact us via support ticket via your client area, and we aim to resolve the issue as soon as possible so that the full amount of chosen ram can be utilised.
We offer unlimited disk space on Minecraft game servers for active server related files only, in-line with acceptable usage policy in section 8 of these Terms of Service. We do however reserve the right to withdraw the unlimited disk space for active server related files only at any time, and without reason or notice, either individually to you, or to all Minecraft game servers. Active server related files are defined as files that are currently in use and are required for operation with the currently online and active Minecraft game server. Non-active server related files which are not included are for example, but are not limited to, mod files that are not in use, old .jar files that are not in use, server or save backups.
With our free mod pack installation service, this is not an unlimited service. You are limited to 2 mod pack installs per week. The mod packs can only be ones that have been verified to work by other users. We do not guarantee the installation of the mod pack, as for example but not limited to, the mod pack may be outdated or broken, it may contain virus’s or malware that could harm our systems or that it may require more RAM that is allocated to your Minecraft game server, therefore we reserve the right to refuse a mod pack installation.
You are not permitted to use scripts, plugins, mods, systems or any other method to increase the RAM allocation or to spawn additional processes or Minecraft game servers outside than what has been chosen and paid for, unless given express written permission by us. If such permission is given, we reserve the right to revoke it at any time, without reason.
4.5 Acceptable Usage Policy
We provide our game server and voice server hosting services in a shared hosting environment. A shared hosting environment is one that multiple servers are placed on one host machine and for the resources to be shared between them all.
Due to this, server CPU, disk space, disk IO, RAM, bandwidth and other resources are shared resources and are limited depending on the specifications of the host machine. Excessive consumption of any limited and shared resource, can interfere, or completely prevent our intended service operation.
Therefore, to ensure the normal operation of all game server and voice server hosting services provide, we have created this acceptable usage policy that you agree to by agreeing to these Terms of Service
We reserve the right to, stop, restart, update, run commands, clean-ups, remove files, clear data or make any other action or change on your game or voice server at any time, without prior notice in order to help ensure the intended service operation for other clients. We also reserve the right to suspend, or terminate any game server or voice server hosting service, without refund that we deem at our sole discretion is abusing server resources or its resource use is not within acceptable, normal amounts. Normal amounts are defined from what the majority of game servers, voice servers or other services are using on the same server that yours is on.
4.6 Off-site Backups
These backups only take backups of the world save files of each game server, excluding Minecraft game servers and they do not include voice servers. They will in most cases also backup configuration files, however due to the vast amount of configuration files and additional ones that can be created without our knowledge, or with editable names of such files, we do not guarantee that configuration files are included in the backups.
Off-site backups are not kept indefinitely, they are removed upon cancellation or termination of your game server, or after 10 days in the case of daily backups, and 5 days in the case of hourly backups
We do not guarantee that any off-site backup will be available or possible for retrieval. Situations can occur, such as but not limited to, an error in the off-site backup system, an error in the cloud storage the backups are kept, a human-error, a configuration change made by you that means our backups don’t get the appropriate files, or if the backups are compromised.
You are permitted to request a without charge, 2GB of backup data that we have of your game server from our off-site backups each day, after that amount, it is charged at £0.05 per GB, or equivalent in a different currency, if your account with us is in a different currency, plus any applicable taxes. In most cases, we find this is more than enough for multiple save file restores each day, but it does depend on the size of your game server save files.
If you choose hourly backups in addition to daily backups, these hourly backups are setup manually, therefore they can take up to 48 hours after your game server has been setup before the hourly backups are active.
4.7 Server Performance and Uptime
We do not guarantee 100% uptime, or that the services, websites or systems that we provide will be issue free. They are provided as-is, without warranty, or any guarantee of suitability for any specific purpose weather defined, implied or otherwise.
We will do out best to ensure the uptime, performance and usability of services, websites and systems we provide. But you agree that issues can arise which effect these factors that are in, and outside of our control. Such as but not limited to, a code bug, an unstable or buggy third-party mod, plugin or system, data centre issues, human-error or natural disasters.
4.8 Hardware Specifications
The hardware specification listed on our website. Is the server hardware of the host machine that the individual game server will be placed on, the hardware is then shared with all services on that host machine in a shared hosting environment and our acceptable usage policy in section 4.5 of these Terms of Service apply. Speeds shown for any hardware component may vary from what is received, as CPU, ram, drive speed and other components can fluctuate for many different reasons. They are not guaranteed speeds, and it is not the guaranteed amount of resources one game server can consume.
4.9 DDOS Protection
Our game server and voice server hosting service include DDOS protection in most cases, however the level and sophistication of this protection varies, therefore depending on the severity, type and duration of the attack and the host machine or service that is attacked a client’s service may still be affected. The DDOS protection does not guarantee that your service will not be affected by a DDOS attack. Credits or refunds are not provided for downtime that is a result of a DDOS attack. You agree to indemnify and hold us harmless of any loss or harm that you or a third-party occur weather financial, non-financial or otherwise, as a result of a DDOS attack, and therefore we will not be held liable for any result of such occurrences.
Services we suspect or are found to be targeted by DDOS may be shut down, disabled or otherwise disconnected. We reserve the right to suspend or terminate services that are targeted by DDOS attacks.
4.10 Service Moves
Under some circumstances, we may need to move your service to a different location, hardware type or server temporarily or permanently such as, but not limited to, if we remove that location, or to help with load balancing. In most cases we will provide advance warning of such change being needed, however under some circumstances this may not be possible therefore you authorise us to do this without prior notice and at any time.
By default the Rust FPS setting is set to 70. You may not set increase the FPS setting or change it to -1 without prior authorisation by us. Doing so can cause massive CPU resource use which can effect, damage or completely prevent normal service operation and is a breach of fair usage. Clients doing so will have the setting reset to 70 or other agreed number, may be warned and with continuation may result in suspension or termination of the game server and account without refund.
4.12 Dedicated Servers, VPS or Cloud servers
If you have a dedicated server, VPS or cloud server some additional terms apply to you and that service as shown below:
4.12.1 Windows Server
If you have a Windows Server operating system installed, the Windows EULA applies to you and you agree to it upon agreeing to these Terms of Service. The exact terms may vary slightly depending on which version you have. For Windows Server 2019 Standard / Datacenter: https://www.microsoft.com/en-us/UseTerms/Retail/WindowsServer2019/DatacenterAndStandard/Useterms_Retail_WindowsServer2019_DatacenterAndStandard_English.htm For Windows Server 2016 Standard / Datacenter: https://www.microsoft.com/en-us/UseTerms/Retail/WindowsServer2016/DatacenterAndStandard/UseTerms_Retail_WindowsServer2016_DatacenterAndStandard_English.htm
For other Windows operating systems, you can get the terms here: https://www.microsoft.com/en-gb/useterms
When using a Windows Server operating system provided by us, you may not use your own licences for other Microsoft software.
4.12.2 Accessing the server
We or Microsoft may under certain circumstances need to access your dedicated server with root/Administrative privileges in such example, but not limited to, cases of suspicion of non-permitted, illegal or otherwise unauthorised activities or in the case of a Windows licence audit. In such cases we will request from you the login credentials, if we do not receive a response or the access is refused. We reserve the right to terminate the server without refund.
5 Support service
We provide a complimentary support service to the services provided to you to assist in resolving issues you may have with the services provided. The support service is provided exclusively to resolve issues you have with the service. Although we do often provide support for configuration, mods and other questions outside of issues only, but when support is provided in this area, it is provided as good-will only. We aim to provide quick and helpful responses as soon as possible to support service requests; however, you agree that the time for response may vary due to many factors, and that factors may prevent the support request being received by us, therefore we do not guarantee that a response will be made. The support service provided, is provided as-is.
6 Your Feedback, Information and Data
Any feedback or review you provide on our website, through Trustpilot, through ticket, or on external websites about our service shall be deemed to be non-confidential.
When you upload, download, submit or use files, applications, images or other content or material, hereby classified as data, on, though, or as part of our systems or services, you agree that you have the right to do so and therefore you provide us with the rights to use it too, in any-way, including publishing it or distributing it, you agree to provide us full rights to use this in any-way without the need to notify or compensate you.
If we find or are told by the owner of the data, with proof, that you did not have this right, we will remove said data as soon as possible from our websites and systems.
7 Data Loss and Protection
We do take backups of data we decide necessary to backup to protect you and us from possible data loss occurrences, we do not guarantee the availability of these backups and therefore we are not responsible for the backing up and the integrity of your data, it is your full responsibility to ensure regular off-site backups are taken. All backup services provided by us are offered without warranty or guarantee of their availability at any specific time.
8 Dispute Resolution
Any dispute between you and us will be aimed to be resolved through friendly discussions without the intervention of a third party, should you and us fail to reach agreement, the dispute will be escalated to the courts. You agree that the courts, laws and Jurisdiction will be exclusively of United States. Should the dispute be found in our favour, you agree to pay our legal fees in full.
9 Requests for Your Information
You agree that we may in a response to a formal request from a law enforcement or regulatory agency or in response to a formal request in a civil action case that on its face meets the requirements for such request, without notice to the client:
10 Limitations of Liability
Except where prohibited by law, in no event will ServerBlend Hosting LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ServerBlend Hosting LLC has been advised of the possibility of such damages.
You expressly acknowledge and agree that to the fullest extent permitted by applicable law ServerBlend Hosting LLC, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
Under no circumstances, shall we be held liable for any data loss, distribution of information including unauthorised access to ServerBlend server systems or any other loss of data. ServerBlend will not be held liable for any disruption, delay, or disconnection of services for any period of time.
If ServerBlend Hosting LLC is found to be liable to you for any damage or loss which arises out of or in any way connected with your use of the site, content or services, ServerBlend’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to the service provided paid in the previous three months prior to the date of the initial claim. (2) £100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold ServerBlend Hosting LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against ServerBlend Hosting LLC by any third party due to or arising out of or in connection with your use of the site and services.
You agree that:
ServerBlend (ServerBlend Hosting LLC) disclaims all conditions, warranties and other terms of any kind, whether express or implied. That we do not promise that the site or any content, service or feature will be error-free or uninterrupted or that any defects will be corrected or that your use of website and/or services will provide any specific result. The website and services are provided on an as-is basis.
No advice or information, obtained by you from ServerBlend through, or from the service shall create any warranty or other obligation not expressly stated in the Terms of Service.
13 Force Majeure
We shall not be in default of any obligation under the agreement, if the failure to perform the obligation is due to any event beyond our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Last updated 22nd July 2020