Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Volition Hosting, LLC D/B/A Volition Host.
Content refers to content such as data, files, text, images, or any other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the various plans offered by Volition Host.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Website refers to Volition.host or any related domains such as mc.volition.host, vps.volition.host, etc.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18 or have permission from a parent or legal guardian to access the Service. The Company does not permit those under 18 to use the Service without consent from a parent or legal guardian.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscription period
The subscription period begins upon initial purchase and activation of the Service and will continue to renew every 30 days until cancelled by You.
Subscription cancellations
You may cancel the renewal of your subscription at any time through the billing panel (https://billing.volition.host) by submitting a cancellation request. You are responsible for ensuring that any associated payment subscriptions, such as Paypal, are cancelled to avoid sending automatic payments after your Service is cancelled.
Refunds
Refunds will not be processed for "End of Billing Period" cancellation requests. Your service will remain active until your next invoice would usually be due and you will not be charged thereafter. Unless required by law, paid Subscription fees are non-refundable, exempting Subscriptions that fall within our 72-hour policy. Refund requests will immediately terminate the service and delete all files when processed.
72-Hour Policy
You may request a refund on the basis that you have submitted an "Immediate" cancellation request and fall within 72 hours of the initial payment, and activation of your service. Refund requests should be requested via a ticket through our billing panel. These refunds are only issued on a one-time per customer basis.
Refund requests that fall outside of the aforementioned 72 hours may be considered by the Company on a case-by-case basis and judged at the sole discretion of the Company.
Chargebacks
Initiating a chargeback will result in immediate termination of services and ban from all future use and purchase of the Company's Services.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Two days following the due date of the invoice, the Company will suspend services for non-payment. After an additional five days, your service will be terminated and all files will be deleted permanently.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Host Content
Our Service allows You to host Content. You are responsible for the Content that You host on the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the hosting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account or accessing Your Service.
You may not upload or transmit any Content that is unlawful, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
Participation or execution of Distributed Denial-of-Service (DDoS) attacks.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms and refuse or remove this Content. The Company further reserves the right to make edits or changes to the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content uploaded or provided by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
The Company does not perform backups of Virtual Private Server (VPS) services or Bare Metal Dedicated Server services. For Minecraft and Game hosting services, while regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
By using the Service, You agree to the responsibility of maintaining Your own backups of any Content.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Acceptable Use Policy
Overview
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with the Company. If you engage in any of the activities prohibited by this AUP document, the Company may suspend or terminate your account.
This Acceptable Use Policy (the "Policy") for the Company's Services is designed to help protect the Company, the Company's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by the Company. The Company reserves the right to modify the Policy at any time, effective upon posting at http://volition.host/terms
Prohibited Uses of Company Systems and Services:
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Volition.host's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Volition.host's servers, is prohibited. Volition.host accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Volition.host customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Volition.host-hosted domain, or referencing any Volition.host account, is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Volition.host customers or end-users by any means or device.
Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Volition.host network or on another provider's network.
Using a Services to interfere with the use of the Company's network by other customers or authorized users.
Using any Services as a proxy for traffic outside of Volition.host's network, including but not limited to GRE tunnels and Bungeecord or equivalents.
Customer Responsiblity for Customer's Users
You are responsible for the activities of Your users and, by accepting service from the Company, You agree to ensure that Your customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of You may be forwarded to the Company for action. If violations of the Company's Acceptable Use Policy occur, the Company reserves the right to terminate services with or take action to stop the offending customer from violating the Company's AUP as the Company deems appropriate, without notice.
Fair Usage Policy for Volition Minecraft and Game Hosting Plans
Fair Usage Policy for Volition Minecraft and Game Hosting Plans
By default, the Company does not count MySQL database usage towards Your storage allocation. However, certain Minecraft plugins such as Dynmap result in excessively large database files. If the combined storage of your databases exceed 10GB, the Company reserves the right to take one or more of the following actions:
The Company may reduce your storage allocation by the amount of space your MySQL databases are using.
The Company may move your database and/or Minecraft server to another node in the same region.
The Company may ask that you upgrade to a plan with a higher storage capacity.
The Company may ask that you discontinue using the plugin(s) that result in the increased storage.
The Company may cancel or suspend your service if the excess storage usage is not rectified through any of the above methods.
Bandwidth
By default, the Company does not impose limitations on bandwidth for our Minecraft and Game Hosting plans. However, due to the high cost of bandwidth, the Company reserves the right to restrict, suspend, or remove non-Minecraft servers that use greater than 1TB of inbound bandwidth per month OR non-Minecraft servers that are in the top 5% of bandwidth usage during a given period. Common services that may result in action taken due to high bandwidth usage include, but are not limited to:
Discord Music Streaming Bots
VPN servers
Any form of content delivery services
Mojang EULA
By purchasing a Minecraft Service, you agree to Mojang's End User License Agreement. (https://aka.ms/mc-eula)
If your Service is found to be in violation of Mojang's EULA, the Service may be suspended until the violating content is removed from the Service.
Terms Specific to Bare Metal Dedicated Servers
Service Level Agreement (SLA) for Bare Metal Dedicated Servers
The Company offers a 99.99% monthly Uptime guarantee for all Bare Metal Dedicated Servers. 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. Downtime is calculated beginning with notification of service impairment and ending when resolved by the Company. Any downtime exceeding 0.01% in a given billing cycle will be compensated as follows:
Downtime exceeding 5 minutes but less than or equal to 1 hour will be eligible for a 5% credit.
Downtime exceeding 1 hour but less than or equal to 2 hours will be eligible for a 10% credit.
Downtime exceeding 2 hours but less than or equal to 4 hours will be eligible for a 15% credit.
Downtime exceeding 4 hours but less than or equal to 6 hours will be eligible for a 20% credit.
Downtime exceeding 6 hours will be eligible for a credit equal to twenty times the percentage of monthly service lost due to downtime up to a maximum of 100%.
SLA credits must be requested by You within 72 hours following the end of the downtime incident. Credits are provided towards future Company invoices or payments and are not redeemable or refundable for any currency.
Bandwidth Limits and Speeds
Each product has a specified bandwidth limit that is explicitly stated in the product description and during checkout. Bandwidth calculations include both inbound and outbound traffic as calculated by the raw data provided by the switch that each server is physically connected to. If bandwidth limits are reaached during the month, the service will be subject to suspension until a bandwidth add-on is purchased. Bandwidth limits including add-ons only apply to a single month of service and unused bandwidth does not roll over to future months.
Each product also has a specified port speed (such as "1G" indicating a 1Gbps physical connection.) This specified port speed relates to the physical port and accordingly the Company makes no guarantee of throughput speeds.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. 2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
