Terms of Service

Ember Host agrees to provide services to the Subscriber, subject to the following (“Terms of Service”). Ember Host is referred to as “Us”, “We”, and “Our”, and Clients as “Customer” “Client”, and “You”. The use of Ember Host constitutes acceptance and agreement to FUP (“Fair Use Policy”) and ToS (“Terms of Service”). Any section of this contract are subject to change from any time at the discretion of Ember Host without notice. Customers understand that change of the contract are not grounds for non-payment.


Refunds

Servers are eligible for full refunds within 7 days of the creation of the server in our database. This point is not necessarily marked by the time at which your initial payment is processed and may differ by some period of time. On the other hand, server upgrades/plan changes are not refundable. Any service purchased with a promotional code is not eligible for refund. We reserve the right to deny a request for a refund for any reason. We may require additional information in order to process any refunds. After receiving a refund request, we will process the refund through the payment gateway that you used. Your server will then be immediately terminated and all data destroyed. We are not responsible for any subsequent charges or late issuance of the refund. If we receive a chargeback, your account will be banned from our platform and we may report you as fraudulent through the appropriate channels. Any services will be immediately terminated and all data destroyed.


Billing

An invoice will be added to your account on the day your server is set to be renewed. You will receive an email reminding you to pay your invoice if payment cannot be automatically collected on the due date. After your invoice is overdue by 1 day your server will be suspended and your service will be considered expired. If your server is suspended, it is eligible to be terminated at any time. You will be reminded via email of your service being overdue on day 3 and day 6 after the invoice's due date, if it has not yet been terminated. Seven days after your service has expired your service will be terminated, if it has not been terminated already, and all data will be destroyed.We reserve the right to make pricing and promotion adjustments at any time. In the event that your bill will increase as a result of pricing or promotion changes, you will be provided a minimum of 7 days' notice. After this 7 day period, you authorize us to bill you at the increased price. If your bill will decrease as a result of pricing changes, notice may not be provided, and your bill will be automatically adjusted accordingly.


Limited Liability & Exclusion

The Customer agrees that it shall not hold Ember Host liable, under any circumstances, for any data loss, disruption of information, or distribution of information including (but not limited to) that of unauthorized access to our server systems or any other loss of data. You agree that Ember Host shall not be held liable for any disruption, delay, or disconnection of services for any period of time. You understand that Ember Host is not responsible for any actions taken place in or on our game servers themselves. The sole role of Ember Host is to provide server connectivity. The Customer agrees that Ember Host is not responsible for any damage, alterations or actions taken by an additional user account. Additional user accounts are added at the sole discretion of the client. You understand that Ember Host is not responsible for notifications of invoices due. It’s the sole responsibility of the client to ensure that they are receiving emails from Ember Host and that they are up to date on payments to Ember Host. You understand that Ember Host is not responsible for the public release of any mod pack(s), plugin pack(s), mod pack setup(s), or plugin setup(s) that have been created. If a client chooses to publicize any pack or setup created by Ember Host, it is then the client’s responsibility to contact each author for permission to distribute the mods and plugins included. You agree that Ember Host is not liable for any changes made outside of the initial server configuration. We also reserve the right to refuse support for 3rd party software that is not included in the original server setup by Ember Host. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMBER HOST BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST SAVINGS, LOST OR CORRUPTED CONTENT DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF CONTENT DATA, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF CAPITAL (IN EACH CASE, WHETHER DIRECT OR INDIRECT) OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY EMBER HOST SERVICES FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF EMBER HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.


Failure to Provide Services

The Customer agrees that Ember Host will not be liable for any delay or failure to perform any obligations under this Agreement due to any cause beyond Ember Host's reasonable control, such as (but not limited to) labour disputes, industrial disturbances, electrical or system issues, utility failures, acts of government, riots, war, or natural disasters of any kind. If the above happens for a period of over 30 days, either the client or Ember Host may terminate services/this Agreement upon written notice to the other party.


Support

Any support requests required for products from Ember Host shall be submitted through the billing system via tickets or through our discord server. If we believe that your server violates the Minecraft End User License Agreement (EULA), or if we believe that your server is using “cracked”/pirated files of any kind, illegally obtained worlds, plugins, mods, or the like, we reserve the right to refuse any and all support to your server.


MySQL Agreement

We offer database creations from our control panel. This (database creation) is technically a free service, and we thus do not take responsibility for data loss or corruption. We also have the right to terminate it for any reason necessary. Databases are also not to be used for anything outside of what our services are purchased for (e.g. creation of private websites or storing of personal files).


Promotions

We cannot guarantee the proper functioning of promotions or promotion codes at all times.


Legal Contact

Ember Host retains the right to seek and consult with any appropriate authorities that may need to be involved in any events or issues whatsoever, with either a violation of this policy or any other illegal activities. You also permit us to modify your server in any way whatsoever, which includes but is not limited to: deleting files, updating server JAR, and any other tasks related to the service you purchased. Any verbal or written threats to compromise any of our systems or equipment will be taken seriously, and will result in further investigation and/or suspension or termination of your server. Cancellation of payments for your purchased service will also result in suspension of your server.


Intellectual Property Rights

Ember Host respects the intellectual property rights of others and expects its users to do the same. The content, features, and functionality of the services provided by Ember Host, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, and interactive features, as well as trademarks, service marks, and logos contained therein ("Materials"), are owned by or licensed to Ember Host and are subject to copyright and other intellectual property rights under national and international copyright laws and conventions.


Prohibited Use

You agree not to engage in the use, copying, or distribution of any of the Materials other than expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the services for any commercial purposes. You agree not to circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Materials or enforce limitations on the use of the services or the Materials therein.


Unfair Usage

If we find your server using any sort of system to bypass limits put on your server (such as CPU threads or RAM amount) we withhold the right to terminate your server without refund.


Termination

We also reserve all rights to terminate your server or service upon any violation of these terms, or any other basis if needed. We reserve the right to terminate our service offerings at any time, without liability. In this event, we will make attempts to provide as much notice to you as possible to allow time to migrate to another hosting provider.


Fair Use Policy

Disk Usage

The term "unmetered" does not mean we provide unlimited disk space, but rather, it means we will provide free upgrades to storage when possible. For plans that offer "unmetered" storage, you may request additional disk space at any time by opening a ticket on our Discord. By purchasing a server, you understand that additional storage will always be given at our discretion, and it is subject to availability and may not be guaranteed. To prevent abuse, there is a "limit" of 15GB storage per 1GB RAM on "Premium" plans, and 7.5GB storage per 1GB RAM on "Essentials" plans which can be allocated per server. However, note that as excess storage is often available, these "limits" will almost always be ignored and exceeded. As for MySQL databases, although they are not technically limited, we ask you to keep them below 10GB in size - if any database is found to be taking up excessive storage, we have the right to seek termination of said database.


Illegal Use

Ember Host services may not be used for illegal purposes or in support of illegal activities. We have the right to cooperate with legal authorities for any suspected crime or civil wrongdoing.


Threats

Use of the Ember Host services to transmit any material (by email or sharing of any kind) that threatens or encourages bodily harm or destruction of property is forbidden, and is grounds for termination for your server.


Harassment

Use of the Ember Host services to transmit any material (by email or sharing of any kind) that harasses others is strictly forbidden.


Forgery or Impersonation

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.


Fraudulent Activity

Use of Ember Host services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters” is forbidden. Fraud is also strictly prohibited, with fraud involving a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon the information differently.


Termination

Any use of the Ember Host service to access, or to attempt to access, the accounts of others, or to bypass, or attempt to bypass, security measures of Ember Host or another entity’s computer software or hardware, electronic communications system, or telecommunications system is strictly forbidden. By doing so, even if no data was lost, you are subject to have your account or server immediately terminated and are subject to further investigation.


Network Disruptions & Malicious Activity

Any use of our services for activities which affects the ability of other systems or people to function is forbidden. This includes “Denial of Service” (DoS) attacks against other machines or individuals. Clients may also not permit their network to be configured in a way that allows anyone to use their network in an illegal manner. It is also the client’s responsibility to ensure their own network is secure – if the network is found be used in an inappropriate way or if it has been under unauthorised access, we reserve the right to terminate your services and account. (Even if no loss of data has occurred)


Third-party Links, Sites and Services

You may find links to third-party websites, advertisers, services or anything at all that is not owned by us. We do not assume any responsibility for damages done and have no liability for your use of any third-party resources; you access these at your own risk.


Terms Specific to Minecraft Servers

Service Level Agreement (SLA)

Ember Host offers a 99.99% monthly uptime guarantee for nodes on which Minecraft servers are hosted. This uptime guarantee is for power and networking services only, and does not include scheduled and communicated maintenance periods. It also does not include network disruption due to Distributed Denial-of-Service (DDoS) attacks, factors outside Ember Host’s reasonable control, or factors that result from actions or inactions of you and any third parties. Downtime is calculated beginning with notification of service impairment and ending when resolved by us. Any downtime exceeding 0.01% in a given billing cycle will be compensated via Ember Host billing credit (billing.ember.host) as follows: SLA credits must be requested by you within 72 hours following the end of the downtime incident. Credits are provided towards future invoices or payments and are not redeemable or refundable for any currency.