The Terms of Service (“The Agreement”) is an agreement between Level Up Hosting (herewith referred to as “Level Up Hosting, we, us, our) and you (herewith referred to as customer, user, you and your). This Agreement sets forth the general terms and conditions of your use of the products and\or services that are available from Level Up Hosting and the leveluphosting.co.za website. By purchasing and/or using our products and/or services, you agree to be bound by the Agreement and all laws and regulations that may be applicable. If you do not agree with or abide by the terms and conditions set out in The Agreement, you are not authorised to use the products and/or services offered by Level Up Hosting.
• We reserve the right to partially or totally modify any term, any policy, section or portion of The Agreement at any time and without any notice to the customer. This will be at our sole discretion. Any changes will be implemented and effective immediately as they become available. If you do not agree to any changes in the Agreement, please discontinue the use of our products and/or services. • Where possible, prior notice will be given to the customer regarding amendments or modifications to The Agreement. • By accepting the Agreement, you are also agreeing to our privacy policy and all related terms of use.
YOUR ACCOUNT AND ACCESS:
• We reserve all rights to terminate your account at any time, with or without notice. Your account and the products and/or services related to it will be terminated if you are found in violation of The Agreement.
• You must be thirteen (13) years of age or older in order to be eligible for the use or access to our products and/or services. Any registration, use of or access to our products and/or services, by anyone under thirteen (13) is unauthorised unless with the permission of a parent or guardian. All users who are minors, under the age of 18, must have the permission of, and be directly supervised by, their parent or guardian to use Level Up Hosting Products and/or Services. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using our products and/or services.
• It is your responsibility to provide accurate, current, and complete information to us. If we need to contact you, the primary email address associated to your account will be used. It is your responsibility to ensure that the contact information for your account is correct and complete. Providing false information of any kind may result in the termination of your account and its Services.
SERVICES, ORDERS AND PAYMENTS:
• We reserve the right to shut down, suspend, terminate or deny access to any product and/or service with or without reason and with or without notice. We are not responsible for any data loss related to the termination of products and/or services.
• All services and/or products ordered from us will not be activated until payment has been received and verified to not be fraudulent. In most cases, payment verification is automatic but may require manual review in rare circumstances. In the case of an EFT payment, providing proof of payment will also be accepted in order to activate your services.
• When ordering a product and/or service from us, you are only receiving a license and/or renting the product and/or service. All services and/or products remain our property.
• All services and/or products are subject to software limitations and physical hardware limits.
• We reserve the right to deny and/or cancel any order with or without reason.
REFUNDS:
• Refunds for customers are issued at the sole discretion of Level Up Hosting and in compliance with the CPA.
• Dedicated servers are not eligible for refunds after being activated and/or provided to the customer.
• Refunds at our sole discretion will be provided if your account and its products and/or services are terminated due to a chargeback, dispute or claim.
• If a chargeback or dispute is filed, we will make reasonable attempts to resolve the issue before taking action. Refunds for services may still be considered depending on the outcome of the dispute.
• No refunds will be provided if there are no clear signs of negligence from Level Up Hosting’s side to provide the product or service in question.
• No refunds will be provided for the remainder of the billing cycle if you decide to issue a cancellation request for a product and/or service.
• No refunds will be provided if the game server has game breaking issues due to still being in Early Access state.
• No refunds will be provided if your account and its products and/or services are terminated due to a violation of The Agreement.
• Refunds issued for billing errors are made on a per case basis and at our sole discretion.
• Credit will be allocated if a service is cancelled and has been paid at least 1 month in advance, this is however the sole discretion of Level Up Hosting.
CHARGEBACKS:
• Any chargeback, dispute, or claim filed against us will result in an immediate and permanent termination of all products and/or services associated to the customer’s account and the account itself despite of the outcome of the chargeback, dispute or claim. Unpaid chargeback fees may be outsourced to a collection agency.
CANCELLATIONS:
• In order to cancel any service and/or product you must request cancellation within our billing area. Additionally, you must manually cancel any active debit order subscriptions that were created when ordering your service and/or product. We do not have access to deduct funds from your account and will not be held responsible for automated payments made via debit order subscriptions.
DATA LOSS:
• We may incorporate multiple features such as RAID and proactive disk monitoring to mitigate the risk of data loss on our products and/or services. While we take reasonable measures to safeguard your data, we are not liable for data loss caused by external factors or circumstances outside of our control. We strongly recommend that you maintain backups of your data. However, we shall not be held responsible for any data loss, regardless of the cause.
• We reserve the right to modify any of the information on the site at any time, with or without advance notice.
• We are not responsible if any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
MODIFICATIONS TO THE PRODUCTS AND/OR SERVICES
• We reserve the right to update the pricing and/or specifications of any product and/or service at any given time, with or without advance notice.
• We reserve the right to discontinue any product and/or service at any given time, with or without advance notice.
• We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product and/or service.
LEGAL OBLIGATIONS
• Under no circumstances we claim responsibility and/or liability for what you choose to host on your products and/or services.
LIABILITY
• Under no circumstances shall we be held liable for any damages, including but not limited to downtime or data loss, incurred by the client through the use of our products and/or services. Our maximum combined liability to a client for any service shall be 100% of the product and/or service fee for that specific month, where applicable.
DENIAL OF SERVICE ATTACKS
• We incorporate multiple protection methods against Denial of Service Attacks. However, we are not liable for any downtime caused by a DDoS (Distributed Denial of Service) or DoS (Denial of Service) attack. If a DDoS or DoS attack is targeted at a specific customer’s product and/or service for an extended period of time and affects other customer’s products and/or services we may suspend it until further notice or resolution.
SUPPORT
• We offer 24/7 support through our ticketing system. For urgent issues, our live assistance, our Discord is available during business hours 09:00-17:00 South African Standard time (GMT +2), with response times varying based on the volume of inquiries.
ACCEPTABLE USE POLICY
• Any attempt to undermine, cause harm, or obtain unauthorised access to a server that is on our network is strictly prohibited. As our customer, you are responsible of all of your accounts and actions relating to your account.
• You agree to indemnify us for any damages or claims arising from your use of our services, provided that such damages are caused by your breach of these Terms or actions outside of our control.
• We reserve the right to reboot, shut down, suspend, or terminate any service found in violation of our Acceptable Use Policy.
• Our products and/or services must only be used for its intended purpose. Any data that is deemed as illegal material is strictly prohibited in our servers. Examples of illegal materials may include but are not limited to: child pornography, pirated software, fraudulent websites, threats or any material of the sort.
• Our servers reserve, split and distribute resources evenly among all clients. We reserve the right to shut down, suspend, or terminate a server found to be using an excessive amount of resources including but not limited to: storage space, disk I/O, memory, or CPU usage.
THE FOLLOWING GENERAL POLICIES APPLY TO ALL OUR SERVERS, INCLUDING BUT NOT LIMITED TO: GAME HOSTING SERVICES
• Spam emails are strictly prohibited.
• Disrupting the services or performance of any other customer or network is strictly prohibited.
• Sending DoS/DDoS attacks is strictly prohibited.
• Network booters, stressors, or other websites that promote illegal or questionable activities are strictly prohibited.
• Spoofing IP addresses is strictly prohibited.
• IP/port scanning is strictly prohibited.
• Violations of copyrights or trademarks is strictly prohibited.
• We reserve the right to terminate your service without notice and without the right to refund if you are found or suspected of trying to or bypassing the assigned limits of your package. (SLOT/RAM/Speed/CPU speed/Type of CPU and all other limitations in your package).
• Plugins / Mods that allow the customer to have multiple servers on the same purchased package are strictly prohibited.
• Plugins that allow the customer to create and store backups on the same server directory are strictly prohibited.
• While we do not actively restrict (hard limit) the CPU usage, no Game server shall exceed a full CPU core (1.0 load average) or more for an extended period of time. An extended period of time will generally mean one (1) hour, but will depend upon the load average and level of impact on other customers sharing the node. Disruptive load may result in a reboot, shutdown, and/or suspension of the service. A hard limit may also be placed if abuse is detected.
• The unmetered storage feature shall only be used to store files that are completely required for the server functioning, including but not limited to: Worlds, JAR Files, Plugins, mods, maps and databases. Logs or backups may be deleted without advance notice if they use a considerable amount of space and affect the other customers in the node.
DIGITAL CONTENT
The following policies apply for any purchases that include digital content, downloadable or not by the customer:
• The customer will not receive the ownership of any purchased digital content. Only a license will be granted for the usage of such content.
• The granted license for the usage of such digital content may or may not have a set validity period and/or a set expiration date.
• Updates and/or support for any digital content will be only provided as long as the granted license is still valid and not expired.
• Distributing, redistributing and/or re-selling any purchased digital content in any way is strictly prohibited and may lead to the revocation of the granted license, account termination and/or legal action.
• The misuse and/or unauthorised modification of any purchased digital content are strictly prohibited and may lead to the revocation of the granted license, account termination and/or legal action.
SERVICE LEVEL AGREEMENT
• We anticipate that our services will be available at least 99% of any given month. If services become unavailable for more than 1% of any given month, a client may request to be compensated.
• Our SLA only covers interruptions for the following services, and only when they are directly purchased from us and not through a reseller.
• Game Hosting Services.
• Our SLA only applies to the following types of interruptions:
• Network – We guarantee that our network will be available to all applicable services at least 99% of any given month.
• Hardware – We guarantee that our physical hardware will be available to all applicable services at least 99% of any given month.
OUR SLA DOES NOT APPLY UNDER THE FOLLOWING CIRCUMSTANCES
• Planned Maintenance – We announce all planned maintenance with advance notice via email and/or on our website, thus this is not covered.
• Software error/failures – We do not cover errors, crashes or any service interruptions caused by software.
• Interruptions caused by the client – We do not cover issues caused by the client such as interruptions caused by installing third-party files/plugins and software or custom scripts.
• Third party products and/or services – We do not cover issues and/or interruptions on any third-party provided service.
• DDoS / DoS Attacks – Networking issues resulting from DDoS or DoS attacks targeted at a customer’s services are not eligible under any circumstances. We may null route the service’s IP address to protect its network from attacks of large magnitude. Downtime resulting from attacks targeting other customer’s services or our network, however, are covered by our SLA.
• Customer network issues – We do not cover the inability to connect to our services due to issues on the customer’s network side.
• Exceeding allocated resources – Interruptions caused due to the affected service using more resources than the assigned and available are not covered.
• Service suspension – We do not cover interruptions caused by service suspensions caused by violations to our terms of service and/or overdue payments.
• Acts of God – We do not cover interruptions caused by weather, natural disasters, or any other disaster outside of our control.
