Terms of Service
-
Renters have relatively unrestricted control of their servers and webspace, but there are limits to what we can allow on our end to maintain fairness to all and keep prices low.
Those Terms of Service are listed below. This list is subject to change, so renters should check it frequently. Any violation of the Terms of Service will generate a warning and mandatory removal of the offending material (by either PerfectionServers employees or voluntarily by the renter) on the first offense, a temporary disabling of the server on the second offense, and a cancellation of service on the third offense. For violations that cause significant monetary damage to PerfectionServers, the renter may have his or her server disabled on the first offense. For items to which those actions do not apply, such as server cancellations, the response will be detailed below.
It is possible to have some of these rules waived by requesting (and being granted) permission from a respondent at the Billing@PerfectionServers.com email address. If you are requesting an exception, make sure to include a good reason for why you feel you should be treated differently.
It is the responsibility of the person signing up to have the payer of the server read and agree to this document if a different person will be paying. He or she must also ensure that any secondary users granted access to the service have read and agreed to these terms. By signing up and using our service, you are agreeing to all terms and conditions conveyed by this document. You represent and warrant you are at least 13 years of age and that you have the legal capacity to enter into this Agreement. Ages 13 to 17 must have the permission of a parent or legal guardian to access, use or play on our services. By accepting these TOS as an Account holder, you confirm that you are an adult of at least 18 years of age or have legal capacity to contract in your jurisdiction.
Funds must clear before any services will be rendered. If you pay by e-check (or some other form of non-instant payment), it is up to the discretion of PerfectionServers staff whether services will be rendered prior to payment clearing.
- General Limitations
-
This section applies to all services offered by PerfectionServers (called "servers" below).
A server may not:
+ Run a "sub-service" from the server that allows connections to a different IP address on the machine or to a different port on the server's IP address, or which piggybacks on a provided server port to provide "back door" abilities to control the server that are not already included with the server as provided by PerfectionServers.
+ Read or alter any files outside the renter's server directory (the contents of which are represented either in the FTP site of the server or, if that is not provided, in the server's control panel), with the exception of those files needed by the base server itself as provided by PerfectionServers.
+ Initiate connections to external IP addresses (outside of the server machine), to include pinging another address or connecting to an external database or client, other than according to the functionality included in the base server, without prior permission from a respondent at the Billing@PerfectionServers.com email address.
+ Attempt to escalate user rights beyond those given to the server when it was initially set up by PerfectionServers.
+ Attempt to raise the maximum number of concurrent connections allowed for the server without prior permission from a respondent at the Billing@PerfectionServers.com email address.
+ Advertise for a competitor of PerfectionServers or denigrate PerfectionServers services.
+ Cause us to violate a contractual obligation, such as the EULA associated with a game server. - Game Servers
-
We run our servers at the highest FPS possible on our system for each specified game. We have no warranty expressed or implied that your server will run constantly at any specific FPS value. Setup time is usually immediate however there may be instances where setup takes up to 24 hours.
Additionally, game servers may not:
+ Run any sort of bot or artificial player
+ Run a "ping booster", "ping accelerator" or other such utility which enables the multimedia timer on the server machine, as these can cause significantly increased latencies and load times for all servers on the machine and disrupt additional services. We already run a Ping Booster and FPS Booster standard for all clients.
+ Use more than 30 gigabytes of total disk space, 4.5GB RAM (Upgradable to 8GB) or 7% shared CPU.
+ Be provisioned a dedicated IP unless the account's Paypal subscription is active. For game servers, a dedicated IP simply means you are provided access to the default port.
+ Use PerfectionServers' services in a manner that unfairly, as determined by the sole discretion of PerfectionServers, encumbers any system beyond those provided to you as part of the service you purchased. - Illegal Use
- Our products and services may be used only for lawful purposes. Transmission, distribution, storage, or linking to 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 rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.
- Indemnity
- You agree to indemnify and hold Perfection Servers LLC and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- Communications
-
Communications with or submitted to Perfection Servers LLC including but not limited to emails, support tickets, chats, and voice conversations are the exclusive property of Perfection Servers LLC and are not to be copied, shared, or otherwise reproduced without prior explicit written permission from Perfection Servers LLC.
Foul, explicit, rude, or abusive language will not be tolerated and may result in immediate account termination without refund. - Security
-
Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for:
+ introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers;
+ causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information;
+ executing any form of network activity that will intercept data not intended for your server;
+ evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks;
+ interfering with or denying service to any user, host, or network other than your host, such as a denial of service attack or distributed denial of service attack;
+ conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information;
+ soliciting the performance of any illegal activity, even if the activity is not performed;
+ using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
The preceding list is an example and not an exhaustive list of prohibited activity. If you are aware of or believe that a violation of this ToS has occurred, please contact us and report the violation. - Spam
- Users of our services are not allowed to send any spam (also known as "unsolicited bulk email"). We have a zero-tolerance policy towards spam and immediately shut down any account that is used to send spam.
- Reporting Abuse
- Any party seeking to report any violations of this policy may contact via e-mail: Support@PerfectionServers.com
- Data
- We do not store data backups for game servers, VPSes, or dedicated servers and can not provide compensation in the case of lost data. There is always a possibility for data loss, even with RAID configurations, so it is necessary for the customer to make his or her own backups of important files.
- Payment Charge Backs & Billing Disputes
- Raising a billing dispute with our payment processors or charging back a payment made to us will place your account in bad standing. We reserve the right to immediately suspend or terminate all services without refund for accounts in bad standing. Termination of services does not remove payment obligations, and court or collections processes may begin to recover funds owed to Perfection Servers LLC.
- Cancellations
-
Service cancellations must be made as outlined below. If a service is not cancelled in the applicable manner, a customer's funding source will be automatically charged for continuation of the service.
1. E-mail Billing@PerfectionServers.com or use the cancellation form in the billing panel to inform us of your cancellation and the reason for cancellation. Include in your email whether you wish for the server to remain online through your paid time. Make sure to include your reason for canceling as it's often the only time we get feedback. Surprisingly often, renters will cancel over payment troubles or configuration issues that could have been easily solved. Please let us try to help you before making a cancellation!
2. Cancel in Paypal by finding the active subscription, then clicking on its "Details" and choosing "Cancel" at the bottom of the resulting page. If you're having difficulty doing this, you can find an alternate cancellation method in the Paypal help system. It is the customer's responsibility to cancel their Paypal subscription.
You must perform both steps.
If you do not perform step #2, Paypal may charge you for another month of server rental, which cannot be refunded. If you do not perform step #1, your server may be shut down automatically by our system, depending on your payment status. - Refund Policy
-
In order to claim a refund for your service, you will need to make a written request either via email or support ticket within 24 hours from setup. Please include your reason for canceling so we are able to try and help remedy the issue. If for any reason we are unable to provide you adequate service, we will credit a full refund (subject to withholding of payment processor fees) of the purchase price to your original method of payment.
In order to prevent fraud and help keep prices low, there will not be any refunds for our services after 24 hours from setup. After 24 hours from setup, only Perfection Servers billing account credits may be issued on a case-by-case basis. We cannot provide pro-rated refunds for service cancellations, upgrades or downgrades.
Please research our service and contact us with questions before making a purchase decision. -
We collect the first name, last name, email address, physical address, and phone number from our subscribers in order to uniquely identify each person in our database. We do not share this information with any third party with the exception of our payment processor.
Paypal may also directly request further information from each subscriber for billing purposes, such as a physical address and credit card information (or other payment method information). Paypal is governed by its own privacy policy that each renter should read when signing up for the subscription at the Paypal website and before entering any private information into a Paypal webpage.
All brand or product names are or may be trademarks of, and are used to identify products and services of, their respective owners.