This Terms of Service Agreement outlines the terms and conditions set by Surf Hosting LLC, which can be found at www.Surfhosting.co. We offer various game hosting and related services. By using our website, mobile website, and mobile application (collectively referred to as the “Websites”), you agree to follow and be bound by these terms, whether or not you register as a member of Surf Hosting (“Member”). If you want to become a Member and/or use our services (the “Service”), please read this Agreement carefully. If you disagree with any part of this Agreement or our Privacy Policy, do not use our Service.
Changes to This Agreement
We may update this Agreement at any time, with changes effective once posted on the relevant website. After any changes, your continued use of the Websites and Services means you accept the revised terms.
Electronic Agreement
This electronic contract details the terms for accessing and using the Websites and Services. We may modify this Agreement, with changes effective immediately upon posting. By using the Websites or becoming a Member, you agree to these terms.
1. Access and Retention
To access and retain this Agreement, you need internet access and the necessary equipment. You may print or save a copy of this document for your records.
2. Services
During registration, you will choose a service plan from the available options. All subscriptions are subject to our acceptance. We may refuse to provide any Service and reserve the right to interrupt access for maintenance. Additional Services can be ordered at current fees and are subject to the same terms.
Surf Hosting also may apply a soft limit which is included but not limited to Web Hosting, Dedicated Server, and Game Hosting plans due to software constraints. It should, however, be noted that limits may be raised at any time by contacting our Customer Support team at support@surfhosting.co. In the event that the allocated bandwidth limit is reached, you agree to pay a charge of $3.50 per terabyte (TB) of usage that exceeds the monthly bandwidth limit. Otherwise, access to the service will be suspended until the subsequent payment period.
For unmetered bandwidth on dedicated servers, there is a 25TB soft limit, this can be increased at Surf Hosting's discretion by our Customer Support team at support@surfhosting.co.
For unmetered disk space on Game Hosting plans, there is a 75GB soft limit and 150GB hard limit, this can be increased at Surf Hosting's discretion by our Customer Support team at support@surfhosting.co. For offsite backups, these are taken every 6 hours and for up to 7 days.
It is your sole responsibility to make regular backups of your data and files used in connection with the services. Even though Surf Hosting may make our own periodic backups for server maintenance purposes, we cannot be held responsible whatsoever for your data or files
In Surf Hosting’s marketing material, we may make reference to removing lag completely otherwise you will be issued a refund with a guarantee. While this is true and Surf Hosting will make every reasonable effort to honour this, the offer may be refused in instances where we find that there is dishonesty involved on your part, including deliberate deception. The decision will be final and cannot be disputed.
3. Revisions to Agreement
We may revise this Agreement from time to time. Changes are effective immediately upon posting. The prior version will remain valid if a court deems any amendment ineffective. To terminate the Agreement due to changes, submit a written cancellation form within thirty (30) days of the revision date. Continued use of the Service after such changes constitutes acceptance of the new terms.
4. Commercial Use & Illegal and Unauthorized Uses
If you use the Service on behalf of a company or organization, you confirm that you are authorized to bind them to this Agreement, have read and understood it, and agree to its terms. Illegal uses include downloading illegal content, collecting personal information for unsolicited emails, unauthorized linking, or any other activity that violates laws or disrupts the Service. Such conduct may lead to legal action and is prohibited.
5. Account Security
You are responsible for keeping your login and password confidential and all activities under your account. Notify us immediately of any unauthorized use or security breach. We are not liable for any issues arising from your failure to follow these security measures.
6. Rules of Behavior
You are responsible for your own communications and content. You must not:
Abuse, defame, harass, or intimidate others. Upload or link to inappropriate, illegal, or harmful material. Impersonate others or use the Service for unlawful or immoral purposes. Collect personal information without consent. Engage in spamming or use automated tools to access the Service. Violations may result in suspension or termination of your Service, removal of content, and legal action.
7. Payments & Refunds
Payments are due in advance. Services are billed automatically unless you follow our cancellation procedure. Set-up and special programming fees are non-refundable. Failure to pay may lead to service suspension. Any third-party payment processors may have additional terms.
For a refund to be accepted by Surf Hosting, the following conditions must be met:
- the right to invoke a refund under this Refund Policy must be exercised between zero (0) and forty-eight (48) hours since the initial order was processed; and
- the customer must have not invoked a refund under this Refund Policy before in their lifetime.
- all dedicated server sales are FINAL, no refunds can be made for dedicated server purchases.
- this refund policy does not apply to renewal transactions, however, it can be reviewed on a case-by-case basis. FAILURE TO FORMALLY PUT A CANCELLATION REQUEST VIA OUR WEBSITES REVOKES YOUR RIGHT TO A REFUND ON RENEWED SERVICES.
We strive to process a refund within fourteen (14) days from the request to refund being submitted to us. This accounts for us needing to check that you meet the conditions and that no exceptional circumstances may necessitate us rejecting a refund.
8. Term and Termination
The Agreement starts upon confirmation of your order and continues as long as you maintain a subscription. You cannot terminate during the initial term except for a breach by us. We may terminate the Agreement at our discretion within 24 hours of notice. In case of termination for cause, prepaid fees are forfeited, and you remain responsible for any accrued fees.
You understand that Surf Hosting reserves the right to terminate access to any of the Services for any, or no, reason. However, one may be provided in most circumstances at the discretion of the Service Provider. This may be due to unacceptable use of the Services.
Upon termination, you will lose access to the Services and any hosted materials. You understand that suspension or termination of services with or without notice are not eligible for a refund of any manor. We may keep copies of your data for archival purposes, but we are not obligated to do so.
If either party cancels or terminates this Agreement for any reason, you are solely responsible for arranging a replacement host and transferring all electronic data, graphics, images, video, or text to the new service provider. Upon termination, provisions necessary to survive termination shall remain in effect.
9. Service Modifications
Surf Hosting reserves the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice. You agree that Surf Hosting shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
10. Colocation
All colocation clients are subject to ensuring that all invoices are paid until they are able to request for equipment to be returned in the event of a cancellation. Remote hands are offered to customers and billed directly from the datacenter. The standard rate for remote hands is $275 per hour, billed in 15-minute increments ($68.50 per 15 minutes). Surf Hosting reserves the right to alter the remote hands fee based on the action requested.
In the event of cancellation, clients will be charged a de-racking and shipping fee of $275 per hour, billed in 15-minute increments ($68.50 per 15 minutes). Packaging materials will be provided if requested, but are subject to availability. Clients have the option of providing a shipping label to be used, or the company will provide a shipping label and add the cost to the de-racking fee. In the event a colocation service is cancelled or terminated, the client agrees to immediately vacate all client equipment from the assigned colocation space. Clients must pay any remote hands fees, listed above, associated with the removal of their equipment. If a client does not remove his or her equipment within 30 days of service termination, the equipment will be considered abandoned. As a result, Surf Hosting reserves the right to immediately remove, discard, and/or liquidate any abandoned equipment. The client bears the responsability for any costs associated with removal, disposal, and/or liquidation of abandoned equipment. Any proceeds from potential liquidation will be applied to the client's outstanding account balance. Surf Hosting is not responsible for any damage caused while the client's hardware is housed at our data center or while shipping.
11. IP Address Blocking
To safeguard the integrity of the Services, Surf Hosting may, at its sole discretion, block certain IP addresses from accessing the Websites.
12. Content
a. General. As a registered user, you can upload and post various materials and information, including text, audio, video, photographs, graphics, and other materials ("Content"). You are solely responsible, not Surf Hosting, for all Content you upload, post, email, transmit, or otherwise make available through the Service, ensuring compliance with the behavior rules set forth herein. Any Content you create, post, upload, or link toF on Surf Hosting is entirely your responsibility.
Surf Hosting assumes no liability of any kind for any Content posted by you or other users. You agree to assess all risks associated with your use of any Content. Surf Hosting does not control or monitor all Content posted via the Service and does not guarantee its accuracy, integrity, or quality.
The Content you create must be owned by you or used with permission from its owner. Surf Hosting does not claim ownership of any Content you post. By placing Content on the Service, you grant Surf Hosting a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, as long as the Content is part of your profile, to publicly display, modify, reproduce, and distribute your Content, in whole or in part, on the site for editorial and promotional purposes.
You acknowledge that Surf Hosting may or may not pre-screen Content but reserves the right, in its sole discretion, to pre-screen, refuse, move, edit, and/or delete any Content that violates these Terms of Service or is otherwise objectionable.
Surf Hosting may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates third-party rights, or protect the rights, property, or personal safety of Surf Hosting, its users, and the public.
b. Proprietary Rights. Surf Hosting retains all proprietary rights in the Websites and the Service. The Websites contain copyrighted material, trademarks, and other proprietary information owned by Surf Hosting and its licensors. Without express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All Content on Surf Hosting is proprietary. Except as specified in this Agreement, all Content is copyrighted material of Surf Hosting and intended for use by Surf Hosting's members only. Distributing Content to others is strictly prohibited. You agree that violating this section would irreparably harm Surf Hosting, entitling it to an injunction without bond, in addition to other rights or remedies it may have.
We or third parties, including Surf Hosting members, may provide links to other websites or resources not maintained by or related to Surf Hosting. These links are provided as a service to users and are not sponsored, endorsed, or affiliated with Surf Hosting. Surf Hosting has no control over these sites or their content, which is governed by the Terms of Service and/or privacy policies of the respective third-party content providers. Surf Hosting makes no representations or warranties regarding the content, completeness, quality, or accuracy of links, materials, or information on any such website.
You acknowledge and agree that Surf Hosting is not responsible for the availability of such links, resources, and content and does not endorse or accept responsibility or liability for any content, advertising, products, or other materials available on or through these linked websites. You also acknowledge and agree that Surf Hosting is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any content, goods, or services available through these links or any failures or disruptions to your computer system resulting from such use, or for any intellectual property or other claims arising from your posting or use of such links.
c. Ownership of Your Content
Except for your Content, all other Content belongs to the relevant uploader and may be subject to copyright, trademark rights, or other intellectual property rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available, or otherwise communicated to the public or exploited except via Website features from time to time and within parameters set by the uploader on the Service or with the uploader's express written consent. Reposting another user's Content or including it in a set confers no ownership rights in that Content. Subject to rights expressly granted in this section, all rights in Content are reserved to the relevant uploader.
13. Use Restrictions
You acknowledge that Surf Hosting contains images, text, and other content ("Intellectual Property") protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights, valid and protected in all forms, media, and technologies now known or hereafter developed. All Intellectual Property is copyrighted under United States copyright laws (and, if applicable, similar foreign laws), and Surf Hosting holds copyrights in the selection, coordination, arrangement, and enhancement of such Intellectual Property. All trademarks on the Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit any Intellectual Property, in whole or in part. Downloading Intellectual Property to your computer does not confer ownership interest. Modification of Intellectual Property or use for any other purpose, including but not limited to printed form or on another website or networked computer environment, is strictly prohibited unless prior written consent is obtained.
13. Downtime
Surf Hosting strives to maximize Service availability but acknowledges the need for maintenance, repairs, inspections, modifications, and improvements, during which Services may be unavailable. Scheduled downtimes are subject to change. Outages resulting from such circumstances or events beyond Surf Hosting's control do not constitute a breach by Surf Hosting. In any downtime event, there is no right to compensation; however, Surf Hosting maintains the right to compensate members at their discretion.
We will make every reasonable effort to assist with the issue. Still, you agree that we absolve ourselves of any liability for any potential further harm caused by our intervention.
14. Copyright Policy
Surf Hosting prohibits submission or posting of information infringing or violating copyright rights or other intellectual property rights (including rights of privacy and publicity) of any person or entity. Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, notifications of claimed copyright infringement should be sent by email to: legal@surfhosting.co. If you believe your intellectual property right (or such right you are responsible for enforcing) is infringed by any content on the Site, write to 15. Surf Hosting at the address provided, with a written statement containing: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site requested for removal; (c) your name, address, and daytime telephone number, and an email address if available; (d) a statement that you have a good faith belief that use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, agent, or law; (e) a statement that information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right alleged infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Surf Hosting will process any notice of alleged infringement received and take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law imposes substantial penalties for filing a false statement.
15. Location of Governance
If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You further agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida to resolve any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Florida with the same force and effect as if such service had been made within the State of Florida. You hereby agree to accept service of process for any action under this Agreement by certified mail return receipt requested, which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
You must abide by all applicable Federal, State, and local laws. If you are outside the United States, you must comply with all local laws regarding your online conduct and acceptable Content, including the exportation of data to the United States or your country or residence.
Availability outside the U.S. -
If you access Surf Hosting from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.
16. PRIVACY POLICY
Surf Hosting maintains a Privacy Policy, a legal document that defines how we handle and store your data, what data is stored, and conditions for the erasure and anonymization of existing information. The Privacy Policy can be accessed here: https://surfhosting.co/privacy-policy.
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17. Protection for Children
We generally do not collect personally identifiable information from children under 13. If at any time in the future, we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 13 has been collected without such a child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.
Content Liability. You acknowledge and agree that Surf Hosting (i) stores Content and other information at the direction, request, and authorization of users, (ii) acts as a passive conduit and/or host for uploading, storage, and distribution of such Content, and (iii) plays no active role and provides no assistance in Content presentation or use. You are solely responsible for all Content you upload, post, or distribute to, on, or through the Websites. To the extent permitted by law, Surf Hosting excludes all liability regarding all Content (including Your Content) and user activities related to it.
Surf Hosting and its subsidiaries, affiliates, successors, assigns, employees, contractors, directors, officers, and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability arising from Content uploaded by users to the Websites, including but not limited to claims of intellectual property rights infringement, privacy invasion, publication of defamatory, pornographic, obscene, or offensive material, and claims regarding Content completeness, accuracy, currency, or reliability provided by users. By using the Websites, you waive the right to assert any claim against Surf Hosting, its subsidiaries, affiliates, successors, assigns, employees, or agents.
Service Level Agreement (SLA) -
This Service Level Agreement (“Agreement”) is a contract between the person or entity using the Company’s Services (“Customer”) and Surf Hosting (“Company”) and applies to Customer’s use of the Company’s Services. Customer must read, agree with and accept all of the terms and conditions contained in this Agreement. Surf Hosting can change this at any time. This agreement applies to the following services: Game Hosting, Dedicated Servers, & VPS Hosting.
SLA Coverage -
Our SLA only covers these applicable interruptions:
Network - We guarantee 99.99% network availability to all applicable services. If at any time our service does not maintain this agreement for 10 consecutive minutes, the affected service will be covered by our SLA.
Panel - We guarantee 99% panel availability to all applicable services. If at any time our service does not maintain this agreement for 20 consecutive minutes, the affected service will be covered by our SLA. (Difference between panel downtime and network is when the server IP is pingable but you can't access the panel)
Hardware - We guarantee that our physical machines will be able to supply service at all times for all applicable services. If at any time our machines are not able to maintain this agreement for 10 consecutive minutes, the affected service will be covered by our SLA.
Denial of Service Attack (DoS/DDoS) - We guarantee protection against all types of Denial of Service attacks. If we are unable to mitigate a denial of service attack within 5 minutes, the affected service will be covered by our SLA. EXCEPTIONS - Game Hosting or similar plans which have not opted in to receive DDoS protection.
SLA Limitations -
Our SLA does not apply under the following circumstances:
Planned Maintenance - We announce all planned maintenance in advance via email or on our website.
Software error/failures - Software is not within the scope of our service. Therefore 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 installing third-party files/plugins and software or custom scripts.
Exceeding allocated resources - Interruptions due to the affected service using more resources than available are not covered.
Circumstances beyond our control - Force majeure or any act of the Government, weather, etc. which results in failure of service.
Non-Compliance Claims -
In the event of non-compliance, the client will be compensated as per the terms below:
- For every minute of downtime, Surf Hosting will provide an equivalent extension to the affected service, rounded up to the nearest day.
- To receive service compensation, the client must create an SLA claim via support ticket from their client account.
- SLA claims must be submitted within one week (seven days) of the outage.
- All SLA claims are subject to investigation. The outcome of such claims will be decided at the sole discretion of Surf Hosting.
- Any SLA claims we deem to be fraudulent will be rejected. Any SLA claims for scheduled downtime will be rejected.
- We reserve the right to deny SLA claims if we believe the client has purposely attempted to cause a service disruption to claim against our SLA (e.g: if we believe the client was involved in initiating a denial of service attack/DDoS against their own service).
This SLA is only valid for direct clients of Surf Hosting
I HAVE READ THIS AGREEMENT AND UNDERSTAND BY ACCESSING AND/OR USING THE WEBSITES OR BECOMING A MEMBER, I AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
