TERMS OF SERVICE

By subscribing to our website, server or other services you (the client) are in agreement with our Terms of Service (TheSmelter). TheSmelter reserves the right to cancel, suspend or terminate any service provided with or without a refund or notice or warning for any reason. TheSmelter also reserves the right to change and modify the Terms of Agreement at any time with or without client notification. It is up to the client to periodically check and update familiarise themselves with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, their service will be terminated. 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. TheSmelter reserves the right to limit or prohibit any of your activities that damage the reputation of TheSmelter as it pertains to your use of our services. By accepting these Terms of Agreement, you represent that you are at least eighteen (18) years of age and you have the legal authority to enter into these Terms of Agreement. If you are less than eighteen (18) years of age, then your parent or legal guardian must read and accept these Terms of Agreement, your use of our Services, participating in our Services, and providing any personal information in connection with the Services on your behalf.

Games EULA Acceptance

By agreeing with TheSmelter Terms Of Service you also verify that you agree with the EULA of the respective game that you are purchasing hosting for. The full EULA terms for each game can be found here: 

Minecraft EULA |  StarMade EULA

Service Payment, Refunds And Cancellation Guidelines

Customers are not held to a contract, thus allowing month-by-month payments without any obligations to continue the service. Customers are charged on a subscription basis. Subscriptions can be cancelled at any time by the client. Any Paypal subscription cancelations have to be made with Paypal at least 7 days prior to billing date. Payments received due to missed Paypal subscription cancelations are not refundable. All payment invoices are generated 5 days before payment is due. Failure to make payment before due date will resort in suspended service until payment is received. After 2 days of non-payment, the service will be suspended with or without any notification. After 5 days of non-payment from the due date, the service will be terminated and TheSmelter will not be held responsible for any data loss due to termination. TheSmelter reserves the rights to deny refunds, regardless of the Service Refunds and Cancellation Guidelines if the user does not follow the Acceptable Use Policy and Support Terms. Minecraft servers include a 3-day refund period from invoice payment, provided that you notify us by verified ticket with an explanation of any issue you experienced and allowing us at least 48 hours to rectify these issues. After the 72-hour money-back guarantee, or if any issues were rectified within 48 hours after notification, a refund is not guaranteed, however we may offer a pro-rated refund, within valid reasoning. If you are eligible for a refund you have to open a support ticket with your request for a refund no later than 10 days after the cancellation request. All other cancellations must be given at least 5 days before the next billing due date. Refunds only apply for New Users/Accounts. Refunds only apply for issues with the hosting service that we provide. Refunds for reasons outside the scope of our services or out of our hands to resolve, including but not limited to: client world file issues, modpack issues, corrupted chunks issues, personal issues, issues with third party services,issues due to faulty configuration of client files, attempting to use a modpack on a server with not enough server resources needed for said modpack, or any other reason not directly related to the hosting services we provide, is completely in our discretion. Existing users with more than one subscription are eligible for pro-rated refunds only. Refunds can take up to 30 days to process. Dedicated Servers are not eligible for the 72hr money back guarantee. Refunds for Dedicated Servers is only pro-rated and in our discretion. PayPal chargebacks disputes and claims will also be counted as a refund. A PayPal chargeback, dispute or claim of any payment will warrant the suspension or termination of service until resolution. We do not offer credit or time back for the time of a suspension or termination due to a PayPal chargeback,dispute or claim.

Support Terms

Support is provided as part of the service, as it’s included in the purchase of any service. Support can take up to 48 hours to provide a response of any kind. Spamming of our ticket system (defined as numerous tickets being opened, or responses being created, of the same issue and/or text) will only create a further delay in responding to your tickets, and (if excessive enough) may lead to a temporary and/or permanent ban from the support system. Only one (1) ticket should be opened per issue to allow our customer support operators to assist you more efficiently. A single ticket may be used for multiple queries. Support agents have the right to refuse support requests if they find your request to be abusive (e.g. swearing, causing problems and/or harassing the support team, etc.). Seemingly fraudulent requests will be closed without notice. Support agents reserve the right to suspend or terminate any service with no refund regardless of the refund periods or deny refunds if the customer’s behaviour is rude, defamatory, or disruptive.

Custom modpacks are not fully supported. We will always try to support you to the extent of our knowledge but support for custom modpacks is not guaranteed. Custom modpacks are modpacks that fall into (but not limited to) the following: Any modpacks not available on TheSmelter’s One-Click installer, modpacks put together by the client, provided modpacks with added mods, provided modpacks with individually updated mods, modpacks using plugins by means of modifications including but not limited to MCPC+, Cauldron or BukkitForge. Use of custom modpacks voids any refund eligibility.

Abuse

Servers abusing the service may be restarted, stopped or suspended at our discretion, with or without prior notification, to protect other servers on the same node. Customers that are found abusing the service may be suspended and/or terminated at any time with or without prior notification, but only with sufficient reason to do so.
The following situations are reasons (but not limited to) for suspension and/or termination:

Game Servers

Unnaturally high CPU usage caused by plugins, mods, add-ons or file mis-configuration. Unjustified high disk usage. Misusing resources to attempt to gain higher security access. Use of a plugin to disrupt any internal or external services. Use of a plugin or add-on to disrupt other’s services

Voice Servers

Discussion and act of illegal activity

Dedicated Servers

Usage of IRC. (D)DoS scripts. Packet Flooding. Torrents (linking, usage, and downloads)

Web Hosting

Hosting of daemons (background processes). High CPU usage. Using MySQL for websites for an outside service, such as games or Minecraft. CGI:IRC (IRC Clients that use the server-side). Defamatory or racist remarks. Warez / Illegitimate scripts (Nulled software). Copyrighted material (such as images, software, etc.) without written consent of the content owner. Torrents (linking, usage, and downloads)

TheSmelter utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using non-identifiable anonymous information.

Server File Backups

Even though we keep backups of all server files these backups are designed only for full node restoring in case of massive hardware failure. Individual server file/database backups cannot be restored and are not guaranteed. Clients are responsible for their own data management and backups.

IPs and Subdomains

TheSmelter reserves the right to change your IP and/or Port at any time with or without any notification. Any subdomains issued by TheSmelter will be pointed to the new IP and Port without client action needed.

Denial of Service (DDoS) Attacks

TheSmelter reserves the right to null route the IP, suspend and/or terminate your server if your server is regularly attacked, but not before trying to resolve this issue first.

Client Server Sharing / File Responsibility

TheSmelter’s sole purpose is providing hosting services and will not be held responsible for any client sharing his or her account (with admins/sub-users) or files are stored on said account. In the event where shared accounts with other users (admins/sub-users) become malicious to the client (due to conflicting interest, etc.), TheSmelter cannot be held responsible. Furthermore, all files stored on the client’s server (except for the files that come standard) are also his or her responsibility and hold no merit with TheSmelter. Any files which are copyrighted and used or uploaded by client are also client responsibility.

Acceptable Use Policy

Client agrees to not to attempt to modify the products or services purchased from their original specifications. The client also agrees to not attempt to access any data or services outside of the client’s given user directory. Client agrees to not use the storage space in their server for files not related to his game or website. Doing so may result in the deletion of said files without warning. TheSmelter will not be responsible for such data loss. Spamming of the ticket system or live chat will not be tolerated and may result in a ban from the support system and/or service termination. Allow up to 24 hours for responses. TheSmelter reserves the right to re-configure, reboot, or shut down any server as necessary in the event that it is adversely affecting the hardware or other users, with or without prior notice. Failure to adhere to the acceptable use policy will result in service termination with or without refund.