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 IP’s
a. A dedicated IP is not a domain.
b. If you order a dedicated IP thinking
it’s 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.