Terms of Service

By registering, purchasing hosting, or using the site, you are agreeing to the following Terms of Service.

1. Your Account

a. We reserve the full right to terminate your account at any time, with or without given notice. Your account will be terminated if you are found in violation of any of these terms.

 

b. In order to register on our site, you are required to have a valid, unique email address.

 

c. When ordering a server, or any other service from Smishcraft, you are only renting the server. All services remain the property of Smishcraft.

2. Payments

a. Services ordered from Smishcraft will not be activated until payment has been received, and verified to not be fraudulent. In most cases, payment verification is automatic, but may require manual review in rare circumstances.

 

b. Failure to make a payment within 5 days after an invoice is due, will result in that service being suspended. In order to re-activate your service, you may be required to pay an additional late fee of up to 10% the invoice amount.

 

c. Failure to make a payment within 30 days after an invoice is due, will result in complete termination of that service. Once a service is terminated, it may not be re-activated, and data cannot be recovered.

 

d. Any chargebacks or reversed transactions made on your payments will result in your account being immediately terminated.

3. Cancellations

a. In order to cancel your services, you must issue a cancellation request within our billing area at https://billing.smishcraft.com/. Additionally, you must manually cancel any active PayPal subscriptions that were created when ordering your service. We do not have access to deduct funds from your PayPal account, and will not be held responsible for automated payments made via a subscription.

4. Refunds

a. We offer a 7 day money back guarantee, for services cancelled within 7 days of the initial order. Refunds must be requested, and only the first payment made on a service is covered by this guarantee. If a service has been active for more than 7 days, none of the payments made on the service are eligible to be refunded.

 

b. Any refunds for services older than 7 days will be issued at our sole discretion. Problems can typically be resolved by contacting customer support.

 

c. If your account is terminated due to a violation of the Terms of Service, a refund will not be provided.

5. Service Availability

a. We make reasonable efforts to ensure services are available 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, services may be unavailable to you. You recognize and acknowledge that on occasion, an event will occur causing services will be unavailable. We make no representation or warranty that our services will be uninterrupted.

6. Usage

a. Servers may only be used for the services they were intended and you may not install or use unauthorized third party programs. We do not provide technical assistance, and will not be held responsible, for any third party software uploaded to our services. Unauthorized usage, such as attempting to access or interfere with other clients data, will result in suspension of your services.

 

b. The use of leaked plugins is not recommended as the code may have been changed, if a server is found to be using a leaked plugin and that plugin is creating heavy traffic the offending server will be suspended till further notice.

 

c. You may not purposely bypass any limits or restrictions that your service is provisioned with, such as user slots, RAM limits, or CPU restrictions. Attempting to modify or bypass any usage restrictions will result in suspension of your services

 

d. In the event your usage exceeds any limits existing on your service, the process exceeding these limits may be automatically disabled without notice. This may occur due to improper usage, such as a crashed or hanging server process.

 

e. Your usage must be reasonable and should not place excessive burdens on our hardware or available resources. You may not interfere with the services we provide to other customers. In rare situations, we may place restrictions on your services in the event that your usage interferes with the services provided to other customers.

7. Legal Obligations

a. We claim no responsibility whatsoever for what you choose to host on your server.

 

b. You may not use our services to host or distribute adult or illegal material.

 

c. If you are using a leaked plugin and we get a DMCA takedown notice your server will be suspened for 24 hours or until the plugin is deleted, failure to comply with this and your server will removed and no refund given.  

8. Liability

a. Smishcraft.com will not be liable for delays or failure in performance caused by acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our control.

 

b. Smishcraft.com reserves the right to restrict, alter, or modify fees, benefits, rules, regulations, special offers, membership terms and conditions or terminate services at any time and without notice.

 

c. Smishcraft.com is not liable to store any statistical data regarding servers, such as user information.

 

d. Due to the nature of the services we provide, there may issues such as but not limited to, performance impacts, data corruption, data loss, and lag. These issues are out of our control and are not the result of our hardware or network. We are not liable for these issues, although a reasonable effort will be made to assist you with any problems you may experience.

9. Unlimited Services

a. In the best interest of our subscribers, Smishcraft does not put a hard limit on the amount of storage space and bandwidth a server may use.

 

b. All services are still subjected to software limitations and physical hardware limits.

 

c. To be eligible for additional resource allocation, your usage must be nearing or exceeding your current soft limit, while being in compliance with the rest of these terms. We reserve the right to require that any outstanding issues, such as plugin errors, be resolved before additional resources are allocated.

 

d. For Minecraft servers, CPU usage is restricted to a maximum usage of 200% of the server CPU cores. As the Minecraft software, by itself, is limited to utilization of a single CPU core, this restriction is only in place to prevent CPU usage abuse by third party software, such as malicious server plugins.

 

e. For Minecraft servers, unlimited storage only applies to the game server world data. Additional data, such as backups, logs, or files generated by third party plugins, are not eligible for storage limit increases. MySQL server storage is unmetered, and is recommended for third party plugin usage.

10. Our Site

a. We cannot assure that the site is completely free from exploits. If a user is caught exploiting any area of Smishcraft.com, their account will be permanently terminated.

 

b. We reserve the right to modify any of the information on the site at any given time.

 

11. Dedicated IPís

a. A dedicated IP is not a domain.

b. If you order a dedicated IP thinking itís a domain you will NOT be refunded as this is an error on your part.

 

12. Moving Files

a. If you require files moved to our server from another provider then open a support ticket with login details and we will move them for you.

b. If you decide to leave our services we will NOT move your files from our server to the new provider, If you contact them they will most likely do it for you.

 

These terms of service were last modified on November 8th , 2015.

Privacy Policy

We may be contacted at the following link: https://billing.smishcraft.com/

1. Personal Information

a. Any personal information you provide for use on Smishcraft.com will not be given to any outside parties for any purpose. Information you provide is for use strictly on Smishcraft.com.

2. How do we protect your information?

a. We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information. Some user data is stored in your browser cookies. However, never, under any circumstances, is any sensitive data stored in your browser cookies. All user inputed data is stored in our databases (username, password, IP address, etc). Any sensitive information (such as passwords) is encrypted. Private information, such as credit card numbers, are never stored in our databases, and never will be.

3. Third party sites

a. We may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these separate sites.

 

b. We do not sell, trade, or otherwise transfer to outside parties any of your personally identifiable information. However, we may release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

4. Online Privacy Policy Only

a. This online privacy policy applies only to information collected through our website and not to information collected offline.

 

This policy was last modified on November 8th , 2015.