General

Terms of Service for SmartShift Hosting

Welcome to SmartShift Hosting! These Terms of Service ("Agreement") outline the legal terms and conditions governing your use of the services provided by SmartShift Hosting ("we," "us," or "our"). By accessing, subscribing to, or using our hosting services, you ("you," "your," or "Customer") agree to comply with and be bound by the terms set forth in this Agreement. If you do not agree with any part of this Agreement, you must refrain from using our services.

1. Acceptance of Terms

By using our game hosting services, you agree to abide by the terms and conditions outlined in this Agreement. SmartShift Hosting reserves the right to modify, update, or change these terms at any time without prior notice. Any such modifications will take effect immediately upon posting on our website. You are encouraged to review these Terms of Service periodically to stay informed about any changes.

2. Services Provided

SmartShift Hosting provides game server hosting for various multiplayer games, including, but not limited to, Minecraft, FiveM, ARK: Survival Evolved, and other similar games. Our services also include server customization, server management, and custom server development upon request. Specific details of each service are available on our website. We reserve the right to modify or discontinue any service at our discretion.

3. Account Registration and Responsibility

To use our services, you must create an account with SmartShift Hosting. By registering, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials (such as username, password, and API keys) and for all activities that occur under your account. If you believe your account has been compromised, you must notify us immediately to secure your account. You must be at least 18 years old or have the consent of a parent or guardian to use our services.

4. Payment and Billing

• Payment Terms: All services must be paid in advance according to the pricing structure outlined on our website. SmartShift Hosting accepts payments through various methods, including credit cards, PayPal, and other accepted payment processors.
• Refund Policy: No refunds will be issued once services have been rendered. If you wish to cancel any service, the request must be submitted before any services have been deployed, including server setup, configuration, or customization. Once a service has been deployed or initiated, you acknowledge that you will not be entitled to any refunds.
• Billing Cycles: Our services are billed on a recurring monthly or annual basis, depending on your selected plan. You agree to provide up-to-date billing information and to maintain sufficient funds for the timely payment of your subscription.

5. Service Usage and Acceptable Conduct

You agree to use our services in accordance with the following guidelines:

• Legal Compliance: You shall not use our services to host or distribute content that is illegal, defamatory, obscene, or violates the rights of others. This includes, but is not limited to, content related to hacking, piracy, fraud, or any illegal activity under applicable local, state, or federal laws.
• Network Security: You will not attempt to exploit vulnerabilities in our servers or disrupt the normal functioning of our network. Any form of hacking, DDoS attacks, or attempts to harm our infrastructure will result in immediate suspension of your account and may be reported to the authorities.
• Content Responsibility: You are solely responsible for the content you host on our servers. This includes ensuring that all content complies with applicable laws and is not harmful, threatening, or offensive to others. We reserve the right to remove any content we deem to be in violation of these terms without prior notice.
• Server Management: If you opt for our managed server services, SmartShift Hosting will assist with server maintenance and updates. However, you remain responsible for the overall management, moderation, and safety of your server and its players.

6. Network Uptime and Service Availability

While SmartShift Hosting strives to provide the highest level of uptime and reliability, you acknowledge that a 100% uptime guarantee is physically impossible due to factors beyond our control. These factors may include, but are not limited to, hardware failures, network issues, power outages, and external service disruptions. We aim for a high availability target of 99.9% uptime, but this is not guaranteed. Scheduled maintenance and emergency repairs may result in temporary service interruptions, and we will notify you of such instances in advance whenever possible.

7. Custom Server Development and Configuration

SmartShift Hosting offers custom server development and configuration services as requested by you. By requesting custom services, you acknowledge the following:

• Clear Instructions: You are responsible for providing clear, detailed instructions for any custom development or configuration you require. Any changes requested to your server, including installing mods, altering server settings, or installing third-party applications, will be performed according to the specifications you provide.
• No Guarantee of Results: While we will make every effort to meet your specifications, we do not guarantee the results of custom server configurations or development. Custom work may require additional adjustments and troubleshooting to meet your expectations, and SmartShift Hosting will not be held responsible for any issues that arise after the service is rendered.

8. Term and Termination

• Term: This Agreement will remain in effect from the time you create an account and subscribe to our services until it is terminated by either you or SmartShift Hosting.
• Termination by You: You may terminate your account at any time by contacting us through our support channels. Upon termination, no refunds will be issued for services that have already been rendered, and any outstanding payments must be made.
• Termination by SmartShift Hosting: We reserve the right to suspend or terminate your account at our discretion if you violate these Terms of Service or engage in conduct harmful to our infrastructure or other users. Any such action may result in the permanent loss of access to your server and data.

9. Limitation of Liability

SmartShift Hosting shall not be held liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use our services. This includes, but is not limited to, loss of data, loss of revenue, or business interruption. Our total liability to you shall not exceed the total amount paid for the affected service during the previous 30 days. You acknowledge and agree that the services are provided "as-is," and we make no representations or warranties regarding their fitness for a particular purpose.

10. Indemnification

You agree to indemnify and hold harmless SmartShift Hosting, its affiliates, officers, employees, agents, and contractors from any and all claims, damages, losses, and liabilities, including legal fees, arising out of your use of our services, your violation of this Agreement, or your infringement on the intellectual property or rights of any third party.

11. Privacy Policy

Your use of our services is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to the collection and use of your personal information as outlined in the Privacy Policy.

12. Changes to the Agreement

SmartShift Hosting reserves the right to update, modify, or change these Terms of Service at any time. Any changes will be posted on our website and will become effective immediately upon posting. It is your responsibility to review these Terms periodically. Your continued use of our services after any changes to this Agreement will constitute your acceptance of the revised terms.

13. Governing Law and Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the jurisdiction in which SmartShift Hosting operates, without regard to its conflict of law principles. Any disputes arising out of this Agreement will be resolved in the appropriate courts located in that jurisdiction.

14. Dispute Resolution

In the event of a dispute, we encourage you to contact us for an informal resolution. If the matter cannot be resolved informally, you agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or similar organization. The arbitration process will take place in the jurisdiction of our operational headquarters.

15. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at:

SmartShift Hosting
Email: billing@smartshifthosting.com Website: www.smartshifthosting.com

By using SmartShift Hosting’s services, you acknowledge that you have read, understood, and agree to these Terms of Service in their entirety.