Terms of Service

Definitions

• "Charges" means the applicable fees payable by you to LevelUpServers in exchange for our products and services.
• "Content" means information published on the LevelUpServers website or transmitted by us as part of the services we provide.

Interpretation

The provisions of the Terms of Service Agreement are in no way exhaustive. Any conduct that violates laws, regulations, or the norms of internet use is prohibited. LevelUpServers reserves the right to limit or prohibit any of your activities that damage the reputation of LevelUpServers as it pertains to your use of our services.

Security

• You agree not to access or attempt to access any of our services by any means other than the LevelUpServers interface.
• You agree not to circumvent LevelUpServers security features for any reason, particularly in order to access the system without incurring charges.
• You agree not to engage in activities that interrupt or interfere with LevelUpServers services.
• You agree not to use levelupservers.com in a manner that unfairly, as determined by the sole discretion of LevelUpServers, encumbers any system beyond those provided to you as part of the service you purchased.
• You agree not to perform any network-based attack on any network, host, or server, including but not limited to "denial of service" attacks or attempting to crash the server.
• You agree not to reproduce, sell, or trade LevelUpServers services.
• You agree that your account is your sole responsibility and that you will accept the consequences of any breach of your obligations under the Terms of Service agreement.
• You agree that you are responsible for the security of your account and that you will keep your passwords confidential.
• You agree that you are responsible for all activities that occur under your account.

Payments

• No contract or subscription is required with any of our services.
• Servers can be cancelled by the customer at any time, however no refunds will be given for the remainder of the billing cycle.
• Charges are made manually on the due date if paid directly using Bank Transfer method.
• For all services, apart from dedicated servers, the following procedure will be enforced:
  • An invoice will be generated 14 days prior to due date.
  • If unpaid, invoice will be marked overdue at 6AM PHT the day after the due date.
  • 24 hours after being overdue, a reminder email will be sent out via email.
  • 48 hours after being overdue, affected services will be suspended.
  • 7 Days after being overdue, the affected services will be terminated and files removed.
• Reinstatement
  • Depending on the case, shared hosting plans can be reinstated 6 days after termination if the data is recoverable from our backups.

Identity Verification

Occasionally for new orders that we have determined at our discretion to be high risk, or fraudulent we may require identity verification. If you do not wish to comply when asked, we will be forced to offer a full refund on the service purchased.

Limitations of Liability

You expressly acknowledge and agree that to the fullest extent permitted by applicable law LevelUpServers 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 (even if LevelUpServers has been advised of the possibility of such damages), resulting from:

• the use or the inability to use the service.
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the service.
• unauthorized access to or alteration of your transmissions or data.
• statements or conduct of any third party on the service.
• any other matter relating to the service.

Disclaimer

You expressly acknowledge and agree that:

• Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law LevelUpServers disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
• Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by you from LevelUpServers through or from the service shall create any warranty or other obligation not expressly stated in the TOS.

LevelUpServers makes no warranty or representation that:

• The service will meet your requirements.
• The service will be uninterrupted, timely, secure, or error-free.
• The results that may be obtained from the use of the service will be accurate or reliable.
• The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
• any errors in the software will be corrected.

Proprietary Rights

You agree that you have no right to use any of LevelUpServers logos, trade marks, or domain names.

Game Servers

Support for Game Services

• All server services that we provide are unmanaged. We do not offer plugin or mod installation for servers.
• RAM is restricted based on plan ordered. Your server will be allocated with the full amount you purchased.
• Slots on our game servers are unrestricted.
• Unlimited slots on servers means you can set your server to any slot number you want, this does not mean your server will be able to handle unlimited players. The amount of players your server can handle depends on the RAM you have and plugins/mods/settings on your server.
• CPU intensive servers may be suspended without warning to prevent causing any issues to other clients. You will be notified of this and will give you as much advice possible to get your server using a reasonable amount of CPU resources.
• Disk space for game servers are unlimited based on fair-usage for the node you are on.
• Please note that we do not allow the use of any automated backup plugins or mods on any servers, as these plugins cause massive disk usage which can result in negatively affecting other customers' services.
• If you are found to be using a script that increases the RAM allocation of your server to more than purchased your server will be terminated without refund.
• Plugins or Mods that allow multiple servers to be run on the same package are not allowed.

Storage

• You agree to stay within the storage limit that is related to your package. If you go over this limit, you will be warned, if no response is made, we may be forced to delete your data to avoid the overage affecting other users. Your storage allowance is only to be used for your Minecraft server, any unrelated items that are stored on your server may be deleted.
• For Unlimited storage packages, the space you are allocated is based on Fair Usage. We will contact you if you do use an unreasonable amount of space.

Denial of Service Attacks

LevelUpServers reserves the right to disable and terminate your server if your server is regularly attacked with denial of service attacks which disrupt other users.

Indemnity

You agree to defend, hold harmless, and indemnify LevelUpServers from any and all liability, claim, loss, judgement, damage, cost or expense (including, without limitation, reasonable legal fees) arising out of your breach or violation of any covenant contained in this policy, or resulting from your use of the Services.

Support

• We aim to provide an average response time of 30 minutes, some responses may take longer however depending on the complexity of the request.
• Spamming our email will create a further delay in response, if this is continued, you may be blocked from our mailing system and thus will not be able to get support for your services.
• We reserve the right to not respond due to abusive comments (i.e. Swearing and causing other issues) If this is continued, your services may be terminated without refund.

Abuse

• Services that are found to be abusing services may be suspended or terminated without any prior notification.
• Services may be suspended for any but not limited to the following reasons:

Cancellations, Refunds, Chargebacks and the 3 day Money-Back Guarantee

• All game hosting plans have a 3 (three) day money-back guarantee from the initial server setup date.
• After the 3 (three) day period of the server setup date, the service is no longer eligible for a refund.
• Any eligible refunds must be requested via email.
• Refunds on manual renewal payments will only be issued when requested by the client. If requested within 1 (one) day of the automatic renewal payment, 100% of the renewal amount will be refunded. If requested within 3 (three) days of the automated renewal payment, 50% of the amount will be refunded. If requested 3 (three) days after the automatic renewal payment, no refund will be issued.
• Refunds are only offered to new clients. Any clients who have purchased a service previously are not eligible for the 3-day money-back guarantee.
• A chargeback or dispute of any payment will result in the immediate suspension of all services you own until the resolution of the dispute or chargeback.
• If a chargeback is ruled in favor of the customer, and we believe that the chargeback was fraudulent, you will be referred to a credit collections agency.
• LevelUpServers reserves the right to terminate your account at any time. Any fees that have been paid in advance of cancellation will be refunded to you if LevelUpServers initiates the cancellation based on their discretion.

Backups

• LevelUpServers provides 5 day backups where each day a backup is taken between 6am and 10am local server time.
• Backups are held on a separate storage drive which is not accessible by the customer
• If backups are not available due to an error, LevelUpServers is not responsible for the loss of your file(s), content, worlds etc.
• Backups can be requested in the following forms:
• Download link - The backup can be zipped up and downloaded from our servers
• Restored to server - Backup can be restored to the customers server, all existing files will be overwritten unless otherwise stated.

Minecraft End User License Agreement

By using any LevelUpServers Minecraft-related service, including but not limited to LevelUpServers Minecraft server hosting, hosting, you agree to the Minecraft End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by Mojang AB, in addition to but not in place of LevelUpServers Terms of Service.

Minecraft EULA: https://account.mojang.com/documents/minecraft_eula