Terms of Service
Fervid Hosting agrees to furnish services to the Subscriber (Customer), subject to the following ("Terms of Service").
Fervid Hosting, the company hereafter referred to as, ("Fervid"), ("Us"), ("We") and The Client, ("Customer"), ("Client") and ("You").
Use of Fervid Hosting's services constitutes acceptance and agreement to AUP ("Acceptable Use Policy") and ToS ("Terms of Service").
All provisions of this contract are subject to change from time to time at the discretion of Fervid Hosting. Subscriber understands that change to the ToS by Fervid Hosting shall not be grounds for early contract termination or non-payment.
By accepting to these terms you indicate that you also agree to the Minecraft End User License Agreement.
1. Refund and DisputesServers are eligible for refunds within seven (7) twenty-four (24) hour days of the creation of the server in our database. This point is not marked by the time at which your initial payment is processed and may differ by several hours or days. Refunds cannot be requested without probable cause. As dedicated servers require explicit provisioning, we are not able to provide refunds on these orders. Services purchased via PaySafe are only refundable via account credit. (All completed server upgrade orders are final and not refundable.)
Any service purchased with a promotional code that gives you an additional product or service is not eligible for refund.
2.CancellationsTo terminate your services you must cancel any PayPal subscriptions active and cancel via our billing area at https://www.fervidhosting.com/billing. Fervid Hosting does not have access to any client's PayPal account. Therefore, we cannot and will not be responsible for unintended payments made via the automatic payment subscription service.
3. Liability Limitation and ExclusionFervid Hosting, under no circumstances, shall be held liable 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. Fervid Hosting shall not be held liable for any disruption, delay, or disconnection of services for any period of time.
Fervid Hosting is not responsible for any actions taken place in or on our game servers themselves. The sole role of Fervid HOsting is to provide server connectivity.
Fervid Hosting 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.Fervid Hossting 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 Fervid Hosting, it is then the client’s responsibility to contact each author for permission to distribute the mods and plugins included.
3. Liability Limitation and ExclusionFervid Hosting 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 Fervid Hosting.
Due to regulations, if you activate an affiliate account and share your affiliate link you must ensure that you have a clear and conspicuous disclosure of your relationship with Fervid Hosting. For more information on how to comply with these new regulations, please visit the link here.
4. Add-on WarrantyAny and all warranties are void if the pack or setup is removed from the server.
Extended Modpack Support - Any modpacks installed by the use of the Extended Modpack Support addon will continue to be supported by Fervid Hosting as long as the pack remains on the server in an unmodified state. If the modpack installation is removed from the server, the setup cannot be performed again without purchasing the addon once more. More information regarding any requirements can be found here.
Create-A-Modpack Setup - Any modpacks installed by the use of the Create-A-Modpack Setup addon comes with a 6 day warranty period that starts from the time the Create-A-Modpack Setup is complete. If a client has any issues (bugs) within that 6 day period, the client must reply to their original Create-A-Modpack Setup ticket so that Fervid Hosting can resolve any issues. The Create-A-Modpack Warranty is void should the modpack be deleted from the server.
The Create-A-Modpack addon has 1 day (of the 6 day warranty) to make changes in the form of adding or removing any mod(s) ONCE. This means that after 24 hours of a completed setup, we can no longer add or remove mods from the modpack. More information regarding any requirements can be found here.
Plugin Setup - Any plugins installed by the use of the Plugin Setup addon comes with a 24 hour warranty grace period that starts from the time the Plugin setup is complete. If a client wished to make any changes within that 24 hour period, the client much reply to their original Plugin Setup ticket so that Fervid Hosting can resolve any issues.
BungeeCord Setup - Any servers or plugins installed by the use of the BungeeCord Setup addon comes with a 24 hour warranty grace period that starts from the time the BungeeCord setup is complete. If a client wished to make any changes within that 24 hour period, the client must reply to their original BungeeCord Setup ticket so that Fervid Hosting can resolve any issues.
5. SupportAny support requests required for products from Fervid Hosting shall be submitted through the billing system via tickets. A ticket may be submitted at https://www.fervidhosting.com/billing/submitticket.php. Any other form of contact other than the predetermined ticket system is not guaranteed a proper answer from an official representative.
6. Live ChatBy starting a chat with a support representative, you agree to the following terms of service:
Breaching any of these terms will result in the Live Chat privilege being revoked from the client either temporarily (up to 72 hours) or permanently. We reserve the right to revoke access to Live Chat at our discretion.
Name and Email All clients must use the email address and name associated with their account to use the Live Chat system.
Harassment and Threats Using Fervid Hosting’s Live Chat system to transmit any material that harasses another person, including but not limited to Fervid Hosting and/or its staff and partners, profanity, threats and destruction of property are forbidden and may result in Live Chat privileges being revoked.
Level of Support The Live Chat system is to be used for informational purposes only. Fervid Hosting cannot guarantee the resolution of any issue you may have with our services during your session, even if you have purchased add-ons such as Premium Support, Mod Support or Plugin Setup.
Some issues can only be handled through a support ticket. The support representative will direct you to the appropriate department if it is required.
Support agents are prohibited from coming onto your server to help resolve issues while you are in the Live Chat system.
Fervid Hosting can only offer support for the services that it provides and only to the client who purchased the services.
Security and Verification There are certain aspects where due to the lack of verification, the user must submit a ticket with the billing account associated with the product in question. This must be done to verify that you are the account owner.
7. MySQL AgreementWhile we offer instant database creation from our Multicraft panel, you need to understand that our databases are provided as a free service. Because of this we do not hold any liability for MySQL data loss or corruption. By using a database provided by Fervid Hosting, you understand that we reserve the sole right to terminate it if we deem it necessary. Additionally, our MySQL service is not to be used for personal use, this is not limited to but includes the usage of MySQL for private websites, and other non-server uses.
8. PromotionsFervid HOsting cannot guarantee that all promotions and promo codes will remain operational at all times.
9. Legal ContactFervid Hosting retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising whether it is through violation of this policy or any other illegal occurrence requiring involvement of law-enforcement agencies.
Fervid Hosting regards any communication between parties as confidential, upon distribution of any communication, unless prior approval is in place, we will take action to the fullest extent of the law. By purchasing a server from Fervid Hosting you permit us to modify your server, this includes, but is not limited to, changing plugins, updating Bukkit and other tasks related to running a Minecraft server.
Any verbal or written threats to compromise our server systems or any other equipment owned by Fervid Hosting will be taken seriously and will result in further investigation and potentially litigation. Upon cancellation of payments to Fervid Hosting your server will be suspended. Files will be kept as long as possible after termination or suspension; however the guaranteed amount of time is unspecified. Fervid Hosting retains the sole right to stop, start, and modify your server.
10. Unlimited PolicyWhile we offer unmetered bandwidth and space to our customers we reserve the right to remove excessive file(s) such as large logs, redundant backups, or other files they may impact the node. This policy is in place to protect our users, since full disks (SSDs) can, and will, cause corruption of many files on the drive.
11. Unfair usageIf we find your server using any sort of system to bypass limits put on your server (such as slots or RAM amount) your server is subject to being terminated without refund.
12. TerminationAdditionally, we reserve all rights to terminate your server or service upon any violation of these terms, or any other basis if deemed needed.
TOS Updated: 01/03/2018
AUP ( Acceptable Use Policy )
1. Illegal UseFervid Hosting services may not be used for illegal purposes or in support of illegal activities. Fervid Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong doing.
2. ThreatsUse of the Fervid Hosting services to transmit any material (by e-mail, uploading, posting or otherwise sharing) that threatens or encourages bodily harm or destruction of property.
3. HarassmentUse of the Fervid Hosting services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
4. Forgery or ImpersonationAdding, 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.
5. Fraudulent ActivityUse of Fervid Hosting service 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."
6. Unauthorized accessUse of the Fervid Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Fervid Hosting or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Fervid Hosting account is subject to immediate termination and further investigation.
7. Network disruptions and unfriendly activity:Use of the Fervid Hosting service for any activity which affects the ability of other people or systems to use Fervid Hosting Services or the Internet. This includes "Denial of Service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Fervid Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
8. FraudFraud involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Fraud is strictly prohibited and offenses will be investigated.
9. Third-party Links, Sites and ServicesOur Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Fervid Hosting. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Fervid Hosting, you do so at your own risk and you agree that Fervid Hosting will have no liability arising from your use of or access to any third-party website, service, or content.
10. FTP Migration Tool / Server ImporterBy using the FTP migration tool ("Server Importer"), the client agrees that they are the owner of the data that is being transferred to Fervid Hosting's systems. Further, the client authorizes Fervid Hosting to connect to the specified server and download data on behalf of the client.
Fervid Hosting does not permanently store any details pertaining to connection to the FTP systems. Any details that are stored are temporary in nature and automatically deleted upon completion of the transfer.