Terms and Conditions

These terms and conditions were last modified August 26, 2020.

  1. Definitions

    2. Survival Servers, LLC ('We', 'Us', 'Survival Servers') provides hosting and other related services ('Service', 'Services') in agreement with the customer ('Customer', 'You').

  2. Conditions

    3. By subscribing to any of the Services and opening an account with Survival Servers, the Customer agrees to be bound by all of our legal agreements: these Terms and Conditions and our Privacy Policy.

  3. Services

    1. Survival Servers will use reasonable efforts to supply a continuous Service to the Customer. Within these reasonable efforts, Survival Servers is not to be held responsible for Service outage, down time, hardware failure, data loss, missed or non-deliveries, service interruptions, or errors and omissions by the Customer. Survival Servers is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
    2. You agree that Survival Servers is not liable for any damages which You may suffer as a result of loss of business, contracts, profits, savings or otherwise. Survival Servers is unable to exercise control over content sent or received via the Internet and is not to be held liable for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene, hateful, or material that is in breach of United States or Customer country law.
    3. The Customer is liable for all charges applied by their telephone, cell phone, or land line provider arising from the Customer's use of Services.
    4. Maintenance by Survival Servers or any of its contractors or sub-contractors may be carried out with little or no advanced warning to the Customer. Survival Servers will make best efforts to notify all affected Customers of the maintenance and excludes responsibility in the event that prior notice is not reasonable or possible.
    5. Customer agrees not to sell, re-sell, lease, sub-lease, reassign, or transfer any part of the Services.
    6. In certain circumstances of dispersion of IP Addresses for agreed use to the Customer, Survival Servers may release contact details including Full Name, Address, Telephone number, E-Mail Addresses, and IP Addresses to the RIPE NCC to fulfill obligations under RIPE policies. This data may be published publically in whole or in part in the RIPE Whois database.

  4. Prohibited Use

    1. You must use the Services provided for lawful, authorized purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States law is prohibited. The list of prohibited content or use includes, but is not limited to:
      1. Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
      2. Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
      3. HYIP - We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
      4. Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Shared Hosting, Reseller Hosting, VPS Hosting, Semi-Dedicated Hosting and Dedicated Servers. The first offense committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.
      5. IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.
      6. Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
      7. Bit Torrents - Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
      8. Illicit Pornography – Any content that contains illegal images of pornography including images or video of children under legal age or illegally obtained pornographic materials.
      9. Harassment – Any targeted harassment at our staff, customers, or any of our providers and/or sponsors.
    2. Survival Servers is under no obligation to edit, review, or modify the contents of your Services. We reserve the right to remove any content without notice.
    3. Any Customer found to be using their Service for any of the items in the Clause IV, Section 1 list may have their Service terminated without notice.
    4. The Customer agrees to fully and effectively indemnify Survival Servers against all losses, costs, actions, proceedings, claims, damages, expenses (including legal expenses) or liabilities, howsoever suffered or incurred directly by Survival Servers in consequence of the Customer's breach or non-observance of this Clause IV.
    5. The customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Survival Servers arising from breach or breaches of this Clause IV.
    6. Survival Servers may, in its absolute discretion, defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Survival Servers with the assistance necessary to defend such claims, at the Customer's sole expense.

  5. Abuse

    1. You are responsible for the misuse of your Service. The list of abusive actions is as follows:
      1. Harm – Any action or attempt at exploiting, hacking, cheating, or attempting to gain unauthorized access under your Service.
      2. Denial of Service Attacks – Any denial of service attack directed at Survival Servers or any of its customers Services.
      3. Excessive Resource Usage – Any Service that utilizes an unreasonably excessive amount of CPU, Memory, Bandwidth, Network I/O, or Disk Space under Services that utilize shared resources.
      4. E-Mail Spam – Unsolicited e-mails, spamming, or non-compliance of the CAN SPAM Act of the United States. Any and all e-mail related abuse reports will be taken very seriously.
      5. Third Party Applications – Usage of third party applications that interfere or are determined by Survival Servers to be detrimental to shared Service resources and performance.
      6. Abusive Conduct – Any verbal, written message, or email message discourse between the Customer and Survival Servers staff that is deemed as abusive, hateful, threatening, violent, or otherwise deemed as abusive.
    2. Any Customer found to be abusing their Service, at Survival Servers sole discretion, for any of the items in the Clause V, Section 1 list may have their Service terminated without notice.
    3. The Customer agrees to fully and effectively indemnify Survival Servers against all losses, costs, actions, proceedings, claims, damages, expenses (including legal expenses) or liabilities, howsoever suffered or incurred directly by Survival Servers in consequence of the Customer's breach or non-observance of this Clause V.
    4. The customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Survival Servers arising from breach or breaches of this Clause V.
    5. Survival Servers may, in its absolute discretion, defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Survival Servers with the assistance necessary to defend such claims, at the Customer's sole expense.

  6. Billing

    1. Accepted methods of payment are: PayPal (requires an account, https://www.PayPal.com), and limited debit/credit cards, powered by Stripe (https://www.Stripe.com)
    2. Billing cycles: Monthly, Quarterly, Semi-Annually, and Annually.
    3. Fraud Prevention
      1. We take fraud very seriously and employ a strict procedure to prevent fraudulent payments.
      2. Customer must be 18 and older to order any Service.
      3. We may require phone call verification for orders greater than $100.00 and reserve the right to cancel, amend, refund, or delay advertised promises in the event that we cannot quickly verify on the phone. It is important that the Customer provides an accurate phone number to expedite this process.
      4. Our verification department cross-checks all available information, within our Privacy Policy, to verify the accuracy of Service orders.
      5. We reserve all rights to deny payment, cancel, suspend, terminate, or delay advertised promises in the event that we have reasonable conclusion of fraudulent billing for any Service.
    4. Modification of billing, including billing cycles, upgrades, promotions, and Service modifications must be manually verified and approved by Survival Servers staff. Please allow a short grace period of up to one week for these changes to be processed.
    5. For applicable Customer recurring Services, invoices are automatically generated and e-mailed to the Customer four days in advance of the due date.
    6. If payment is not received by the due date, a one day grace period will be applied before Service suspension. A service suspension results in disabled access to the Service with no data loss.
    7. If payment is still not received after Service suspension, a two day grace period will be applied before Service termination. A service termination results in complete data loss and forfeiture of all access to continued use of the Service. The Customer will not be invoiced again for this Service.
    8. Refund Policy
      1. Survival Servers does not process refunds on any transaction, excluding special circumstances vetted by Survival Servers staff. Survival Servers has the sole right to deny any refund request without reason.
    9. Charge Backs and Disputes
      1. We strongly encourage a Customer to contact us first before contacting their bank or our payment processor to come to an agreement related to the dispute. Please allow us up to one week to respond via e-mail or support ticket message. During this process, we may attempt to call in order to resolve the dispute.
      2. Survival Servers has the right to counter dispute any charge back or dispute with all available information obtained from the Customer.
      3. Any charge back or dispute that is non reasonable, at the sole discretion of Survival Servers, is subject to account payment collections. You agree to consent the usage of your account information including: Full Name, Address, Phone Number, E-Mail, Date of Birth, and any IP Addresses associated with the Customer to a third party collections agency with possible impacting on your credit trustworthiness (including credit score), in the event and sole discretion of the credit agencies.
    10. You have the right to update your billing information at any time with approval of Survival Servers. Please contact us in order to facilitate these requests.
    11. It is the sole responsibility of the Customer to cancel any future billing on a PayPal subscription. We will make best efforts on our end to terminate PayPal subscriptions in the event of a cancel but it remains Customer responsibility to contact PayPal to end billing agreements. Here's a guide on how to cancel a PayPal subscription.

  7. Promotions

    8. Occasionally, Survival Servers will offer a promotion in the form of a discounted Service rate, one time discount, free service offerings, added features, or modified billing structures. These promotions are subject to change at any time.

  8. Affiliate Program

    1. Survival Servers offers an affiliate program for commissions generated through affiliated signups under the Customer's affiliate website address ('Affiliate Link'). This Affiliate Link utilizes cookies, stored on the browsing user's computer, to identify an affiliate Service order.
    2. We are not responsible for any manipulate, disabled, or otherwise modified browser cookies that results in the loss of affiliate revenue.
    3. Affiliate commissions can be withdrawn on a Net 30 billing basis and distributed to Customer specified PayPal account. This requires the customer to manual request the payment from the affiliate program page with the Survival Servers control panel.
    4. Survival Servers has the right to forfeit any and all Customer affiliate revenue with reasonable basis, at any time, without notice.
    5. No affiliate should run campaigns via third party search advertising campaigns (including, but not limited to, Google Adwords, Bing Ads, and/or similar)
    6. Affiliate accounts are tied to a single owner (not a business) and cannot be transferred to any new owner without Survival Servers written consent

  9. Modification of the Terms and Conditions

    10. Survival Servers reserved the right to modify or change these terms and conditions at any time. All Customers are bound to the latest version of these terms and conditions and consent agreement. Survival Servers will make best effort to notify customers in advance of these changes but cannot be held responsible in the event that advanced notice is not possible.

  10. Indemnity

    11. The Customer agrees that it shall defend, indemnify, save and hold Survival Servers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Survival Servers, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.

  11. Law

    12. This Terms and Conditions agreement will be governed by and construed and interpreted in accordance with the law of the United States and the parties submit to the exclusive jurisdiction of the United States courts. The Customer and Survival Servers both agree that a court may strike out or override any part of these Terms and Conditions if it considers them to be illegal, unenforceable, or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses were not included.

More Information

If you have any questions or comments about these terms and conditions, please e-mail us at [email protected] or contact us via support ticket.