TOS

Updated: June 19th 2016. Please read the following carefully as it is legally binding. Your use of BisectHosting's products, services and web site is subject to the terms of this legal agreement. "BisectHosting," "we," and "our" mean BisectHosting, . "Products," "services" and "web site" are referred to collectively in this document as "services." By using BisectHosting's services you consent to be bound by this agreement. You may not use our services if you are not of legal age to form a binding contract or if you are barred for any reason from receiving our services under the law. BisectHosting reserves the right to revise or amend any portion of this agreement at any time and at its sole discretion and without advance notice to you. Any changes will be effective when they are posted to the site. Your continued use of our services following any change in terms of service will signify that you accept such changes. If you do not agree to any changes in the Terms of Service Agreement, please discontinue use of our services. Violation of the Terms of Service is grounds for cancellation of service without refund and possible civil or criminal prosecution. Definitions a. "Charges" means the applicable fees payable by you to BisectHosting in exchange for our products and services. b. "Content" means information published on the BisectHosting 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. BisectHosting reserves the right to limit or prohibit any of your activities that damage the reputation of BisectHosting as it pertains to your use of our services. Security a. You agree not to access or attempt to access any of our services by any means other than the BisectHosting interface. b. You agree not to circumvent BisectHosting security features for any reason, particularly in order to access the system without incurring charges. c. You agree not to engage in activities that interrupt or interfere with BisectHosting services. d. You agree not to use bisecthosting.com in a manner that unfairly, as determined by the sole discretion of BisectHosting, encumbers any system beyond those provided to you as part of the service you purchased. e. 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. f. You agree not to reproduce, sell, or trade BisectHosting services. g. 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. h. You agree that you are responsible for the security of your account and that you will keep your passwords confidential. i. You agree that you are responsible for all activities that occur under your account. Payments a. No contract or subscription is required with any of our services. b. Servers can be cancelled by the customer at any time, however no refunds will be given for the remainder of the billing cycle. c. Charges are made automatically on the due date if paid directly using a credit/debit card. PayPal payments are not automatic and must be paid manually for every billing period i.e. monthly/quarterly/semi-annually/annually. d. For all services, apart from dedicated servers, the following procedure will be enforced: 1. An invoice will be generated 14 days prior to due date. 2. If unpaid, invoice will be marked overdue at 6AM EST the day after the due date. At this point, the first overdue notice will be sent out via email. 3. 48 hours after being overdue, affected services will be suspended. At this point, the second overdue notice will be sent out via email. 4. 72 hours after being overdue, the third overdue notice will be sent out via email. 5. 7 Days after being overdue, the affected services will be terminated and files removed. e. For dedicated servers, the following procedure will be enforced: 1. Invoice will be overdue at 6AM EST the day after the due date. 2. Server will be terminated after 24 hours if the overdue invoice is not paid. f. Reinstatement - Depending on the case, shared minecraft plans can be reinstated 6 days after termination if the data is recoverable from our backups. - Dedicated servers may be reinstated depending on how long the server was terminated for and if the disk had been wiped yet, these can be assessed on a case by case basis. Contact us if you wish to see if your dedicated server can be recovered. g. If you have an issue with billing that cannot be resolved over tickets, i.e. If you cannot access your account, please email us at support@bisecthosting.com or call us at (440) 499-4573. 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. Identity verification is required on all Dedicated Server purchases. Limitations of Liability You expressly acknowledge and agree that to the fullest extent permitted by applicable law BisectHosting 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 BisectHosting has been advised of the possibility of such damages), resulting from:
a. the use or the inability to use the service.
b. 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.
c. unauthorized access to or alteration of your transmissions or data.
d. statements or conduct of any third party on the service.
e. any other matter relating to the service. Nothing in these TOS shall affect the statutory rights of any consumer, exclude or restrict BisectHosting liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of BisectHosting.
Disclaimer You expressly acknowledge and agree that: a. 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 BisectHosting 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.
b. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that 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.
c. No advice or information, whether oral or written, obtained by you from BisectHosting through or from the service shall create any warranty or other obligation not expressly stated in the TOS. BisectHosting makes no warranty or representation that:
a. the service will meet your requirements.
b. the service will be uninterrupted, timely, secure, or error-free.
c. the results that may be obtained from the use of the service will be accurate or reliable.
d. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
e. any errors in the software will be corrected.
Proprietary Rights You agree that you have no right to use any of BisectHosting's logos, trade marks, or domain names. Dedicated Servers - The dedicated servers that we offer are completely unmanaged, we cannot provide support for any software on the system. - If the 'One Time Setup' option is chosen, Multicraft (If requested), PHP, Apache2 and Java 7 will be installed on the server for you. Any additional set-up may incur additional cost. - IP Address Allocation for Dedicated Servers is as follows: - Pheonix, Arizona - 5 Usable IPs - Ashburn, Virginia - 5 Usable IPs - Amsterdam, Netherlands - 1 Usable IP (additional IP addresses are available at extra cost) Premium Support What Premium Support does include: a. Plugin installation b. Adding mods to existing modpacks c. Making small setting and configuration changes for you d. Uploading custom maps to your server for you e. Unlimited installation and updates of modpacks for budget servers (premium servers already include this) f. DNS Management for domains purchased with us What Premium Support does NOT include: a. Permissions configuration b. BungeeCord configuration c. Complete server management Premium support is only valid for the server it is purchased for. Voice Servers - The Teamspeak servers we provide are limited to 5GB of storage space for files, if you go over this, we may need to delete the files on your server. - Teamspeak servers may not be used to discuss illegal activities. Minecraft Servers Support for Minecraft Services - All Minecraft services that we provide are unmanaged. We do not offer plugin or mod installation for servers unless the premium support addon is purchased (See Premium Support Section). - RAM is restricted based on plan ordered. Your server will be allocated with the full amount you purchased. Any memory used for additional java flags (Such as PermGen) will use this allocated memory therefore actual memory in game may not show the full amount that your server is allocated. - Slots on our minecraft servers are unrestricted on Premium plans however are restricted on budget plans based on the amount stated when purchasing unless the unlimited slots addon is purchased - 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 budget and premium servers is 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 on Minecraft 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 that allow multiple servers to be run on the same package are not allowed. Exmpales of this are the subservers spigot/bukkit plugin. 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.
Very Large dynmaps, logs and backups may be deleted if they take up a considerable amount of space which can potentially cause issues on the node. Denial of Service Attacks BisectHosting 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 BisectHosting 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 the ticket system will create a further delay in response, if this is continued, you may be banned from the support ticket 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. - The Live Chat that we provide is for sales only, if you have any support queries for your services, please create a ticket. 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: Minecraft servers - Excessively high CPU usage - Attempting to gain unauthorized access to other systems - Use of plugins that disrupt services such as automated backup plugins, botnets, etc. - Using a non-minecraft oriented jar file Mumble servers - Use of the system to discuss or carry out illegal activities or cause abuse VPS and Dedicated servers - DDOS scripts - Packet flooding - Torrents and Pirated content - Intent to gain unauthorized access to any system - Sending Spam Emails Web hosting - Hosting of daemons (Background Processes) - High CPU usage (Generally over 20% of CPU usage for more than 60 seconds) - IRC Chat - Defamatory/racist remarks - Nulled/Illegal software - Hosting or downloading copyrighted material without consent as well as Torrents Cancellations, Refunds, Chargebacks and the 3 day Money-Back Guarantee - All Minecraft, source, and web hosting plans have a 3 (three) day money back guarantee of the initial order date. - After the 3 (three) day period of the initial order date, no refunds will be given. - Premium support, modpack installation, BungeeCord setup and custom domains are non-refundable. - 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 rules in the favor of the customer and we believe that the chargeback was fraudulent, you will be referred to a credit collections agency. - Refunds are only offered to new clients, any clients which have purchased a service previously is not eligible for the 3 day money back guarantee. - BisectHosting 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 cancellation is initiated by BisectHosting based on their discretion. Backups - Backups are only provided for users on the Premium Shared Minecraft plans - BisectHosting provides 7 day backups where each day a backup is taken between 3am and 10am 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, BisectHosting 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. Backups ignore the following files: - Dynmap - mcmmo_data - .log files and anything ending in .log i.e. log.gz - .tar - Backup/MineBackup folders - .sql - Backups are provided free of charge with the service, servers are also restored free of charge. - You may request up to 5 restores/download links in a month, after which time there may be an additional charge of $2 per restore. Minecraft End User License Agreement By using any BisectHosting Minecraft-related service, including but not limited to BisectHosting Minecraft server hosting and BisectHosting "Budget" Minecraft server, 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 BisectHosting Terms of Service. Minecraft EULA: https://account.mojang.com/documents/minecraft_eula

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