Terms of Service

Updated on April 17, 2023

Overview

These Terms of Service (ToS) form a legally binding contract between you, the customer or user, and UltraServers.com, the provider of the services herein. The ToS apply whether you are (i) paying UltraServers.com for services, (ii) someone who contributes to the service fees of one of Ultraserver.com's customers, (iii) a non-paying customer, (iv) a partner, (v) a user of our services or if you are merely browsing our site. Henceforth, “UltraServers.com”. may be referred to as “UltraServers”, "we", "us", or other first-person pronouns; You may be referred to as "customer", “client”, “user”, “partner” or other second-person pronouns.
UltraServers offer game servers and ancillary services. This agreement may refer to our “products”, “offering”, “services” or “slot” to mean the same.
The Terms are maintained independently of any other agreement between UltraServers and the customer. Unless otherwise expressly agreed in writing with UltraServers.com, any supplementary agreements between UltraServers and the customer subsume these ToS. If a supplementary agreement between UltraServers.com and customer contradicts any attribute of terms as outlined herein, the supplementary agreement shall take precedence.
You may not purchase the services if you are not of legal age to form a binding contract with UltraServers.com, or you are barred from receiving services under the laws of Singapore or the country in which you will be using the Services. The most current version of ToS will be available at https://ultraservers.com/policies/terms-of-service.

General Terms of Service

  1. The Terms of Service become active from the first time UltraServers services are accessed and survive until the customer cancels the service or the service is terminated.
  2. All actions performed within a game server instance, authorized by the customer or not, will reflect on the customer themselves. The customer is required to follow all Terms of Service outlined herein.
  3. The customer is responsible for ensuring their services are suitably secured; UltraServers.com has no liability if the user account is compromised with weak email security or sharing of primary account with friends, family or any third person.
  4. The customer is responsible for setting up sub-user accounts and should only provide access via sub-user accounts to trusted parties. Sub-users are subject to the same terms and conditions as the primary customer account holder, but the primary account holder remains solely responsible for their service.
  5. All content uploaded to an UltraServers service is the sole responsibility of the customer. Files uploaded should be for the sole purpose of providing or enhancing the gaming experience.
  6. All attempt to upload files/applications that enable the following features is prohibited:
    1. Hacking or network sniffing tools
    2. Spamming tools
    3. Phishing
    4. Botnets
    5. Fraudulent gateways
    6. Any malicious content that could reflect poorly on UltraServers or our customers
    7. Any form of pornography or sexually explicit content
    8. Mining tools - Mining of any kind including XMR, Chia or any other future cryptocurrency.
    9. Peer-to-peer load balancers
    10. Media Applications
    11. Data sharing Applications, including P2P and cloud service intermediaries
    12. Cracked software applications
  7. All service users must agree to not attempt to exploit any flaws in hardware, software, network or any other component of the service. If a flaw or vulnerability is discovered, the customer should alert UltraServers at the earliest opportunity so that we can continue to secure the service for everyone.
  8. Customers, sub-users, partners and all other service users must not attempt or be involved in any attacks on our service. This includes DDoS attacks, scanning of the network, ethical hacking (unless agreed in writing first), bypassing any service limits, attempts to gain access via brute force attacks, phishing, spoofing or otherwise circumventing authentication and/or authorization mechanisms.
  9. The customer is responsible for data sent or received via the UltraServers infrastructure. Download, Upload and distribution of copyright data or cracked software of any kind is strictly prohibited.
  10. The customer is responsible for ensuring the safety of data stored on their UltraServers service. We offer no warranty or guarantee for any data stored on UltraServers or on any paid or free backup service we provide. We recommend backing up any important files to dedicated cloud hosts or another suitable secure location.
  11. A customer account may be opened using a single currency. It is not possible to switch currency once an account is opened. Instead, a customer may open a separate account for each currency required. Accounts are not linked and no transfer of funds or fees can be made from account to account.
  12. Fees are fixed for each currency. UltraServers does not convert fees dynamically based on real-time market exchange rates. Customers who decide to use a currency different to that set by their payment provider will be responsible for all exchange fees.
  13. The customer is responsible for ensuring payments are made via an approved gateway and that the payments reach us in a timely manner.
    1. Any unpaid invoices will result in the corresponding service being suspended.
    2. A grace period of up to 7 days will be provided before a suspended service is terminated, with the deletion of all data if left unpaid.
    3. Any over-payments due to incorrect PayPal subscriptions are only refundable at the sole discretion of UltraServers. Usually, over-payments will be added to the customer's account as a credit that may be used against future invoices.
    4. Account credit is non-refundable.
  14. UltraServers reserves the right to alter prices, storage quantities, network rates, network volumes, RAM allocation and computational capabilities, the hardware, software and network providers of all services at its commercially reasonable discretion. UltraServers provides no warranty to the nature of future changes that may become necessary and shall not be held liable for any loss or harm this may cause.
  15. The resale of any UltraServers.com service or part thereof is strictly forbidden. Any user found to be reselling any service hosted by or on behalf of UltraServers will be immediately terminated with no refund given.
  16. All service users must treat staff, partners, customers and users with respect at all times. In return, UltraServers will treat all service users with respect. Any customer being excessively rude or disruptive will risk being banned from UltraServers.com.
  17. We reserve the right to amend the TOS outlined here at any point in time, continued use of our services is dependent on the customer following all these terms.
  18. Any customer that fails to adhere to the TOS will be subject to a permanent ban and will not be eligible for a refund for any remaining service time.

Support

All customers, regardless of the plan purchased will be offered an equal level of premium support.
All support requests shall be submitted through the support feature of UltraServers unified dashboard. Other methods of contact may incur delay and cannot be guaranteed to reach UltraServers and therefore an official and timely response may not be possible.
Customers are welcome to ask for help via our official Discord Server and #community-support channel, but this route does not offer any guarantee of a response from an official support representative.
Support response times may occasionally increase:
  1. if the demand spikes beyond levels that could be reasonably predicted.
  2. during global and regional holidays and events

Databases

The number of databases a customer may install will depend on the purchased plan. While UltraServers offer the instant creation of MySQL databases, we shall not be held liable for any loss of data or any data corruption. The customer should ensure sufficient data backups are made on a regular basis.
All databases should be used for the enhancement or enablement of game features. Databases are not intended for personal use beyond the aforementioned purpose.

Bandwidth Usage

UltraServers will not throttle or limit bandwidth usage for any service plan. However, if UltraServers finds that the network is being adversely affected by unusual customer activity, further investigations will be undertaken and it may become necessary to take corrective action, including but not limited to the suspension of a customer's service(s).
If it can be reasonably determined that excessive bandwidth usage is due to the intentional or negligent actions of a customer, the customer may have their account terminated at the sole discretion of UltraServers.

Account and Service Responsibilities

It is the responsibility of the customer to ensure the information kept on their service is backed up and secure at all times. Any backup slots offered as part of our service are for the convenience of our customers, enabling different games and configurations to be saved for later use. We strongly suggest backing-up important information to a secure external cloud location; our focus is to provide a great gaming platform and not to be a supplier of multi-redundant cold storage backups . Drive failure can happen and we are unable to guarantee the information will be recovered. UltraServers.com shall never be held liable for failure to recover data in the event of any sort of failure, and shall never be held accountable financially or otherwise for loss of data.
We recommend using unique, secure passwords for the email account that you use to register with UltraServers.For SFTP access, the customer must select a unique secure password. This password will not be visible once set. If forgotten, the customer will have to reset the SFTP password from the dashboard.
Access to our services require the customer to successfully authenticate themselves. The authentication methods will be extended to include third party providers in the future. Initially, authentication will be provided via an email magic link.
We recommend using unique, secure passwords for the email account that you use to register with UltraServers.
For SFTP access, the customer must select a unique secure password. This password will not be visible once set. If forgotten, the customer will have to reset the SFTP password from the dashboard.
Any uploaded applications and/or content stored on the service must adhere to UltraServers TOS. In the event that the customer believes content contravening the TOS was unloaded via nefarious means, the customer must prove to UltraServers satisfaction that they were not responsible for the upload. Responsibility includes the selection of weak passwords, insecure storage of passwords or the sharing of passwords with anyone other than the customer.

Sharing and Reselling

Allowing public access to your portal is forbidden. Any customer found enabling public access to any portal service(s) will be asked to stop, failure to comply will result in account termination.
Hosting games for public usage is allowed as long as no access is provided to the portal or any other non-game feature
Reselling of any aspect of our services is strictly forbidden. Any customer found to be accepting money or other payments in exchange for any sort of access to our services will be immediately terminated and ineligible for a refund.

Fair Usage

UltraServers run on shared resources, as a result, it is the responsibility of the customer to ensure that their activities do not negatively impact other customer's experiences. The Customer must ensure that their resource consumption is within acceptable limits. UltraServers may stop, without warning, any applications that are negatively affecting other customers and have the right to regain control of the abused resource from users without prior notice. In extreme scenarios, the customer's service may be suspended or terminated to ensure that customers adhering to the rules have a positive gaming experience.
UltraServers will not be liable or responsible for any loss incurred by customers caused by breaking this agreement; there will not be any refund of customer paid fees.
The customer agrees not to interfere with other customers in an unfair or malicious manner such that other customers are not able to receive the expected level of services.

Payments

All fees are payable in advance. UltraServers billing procedure is structured to ensure that customers have adequate time to pay invoices, which are sent 10 days prior to the payment due date. This will be followed with a reminder to pay 3 days before payment falls due.
A service with an unpaid invoice after 00:00 (Central European Time) on the due date will be suspended. Further reminders will be sent out on the 1st, 2nd and 5th day after service suspension.
If a service remains unpaid and in the suspended state for 7 day will be terminated and all data will be deleted permanently after midnight of the 7th day if the invoice remains unpaid. Any late payments after the 7th day will result in a new fresh service being created, which is not eligible for our refund policy.
Payments will only be deemed as paid when we have confirmation from the billing gateway that the payment was successful and the funds are in our account. Using PayPal e-checks or other mechanisms that are not instant may result in payment delay and subsequently service suspension.
Payments are due before 00:00 Central European Time on the last day of the current billing cycle.
Customers are responsible for ensuring their billing information is accurate and up to date. Failure to update billing information, such as credit cards past the expiration date may result in your service being suspended until payment is made.
Payments and overpayments made in error will be resolved promptly if they are reported in a timely manner. Payments and overpayments made more than 90 days in the past will be deemed accurate and non-refundable.

Fee Increases

If it becomes necessary to increase service fees, we will inform our customers at least 30 days before the new fees become active. Fee changes will never be made mid-billing term; any new fees will be due at the start of the next agreed billing period. At our sole discretion, we may freeze the service fee for existing customers so that they are immune from any fee increase.

Promotions

Promotions may be offered from time-to-time at the sole discretion of UltraServers. We do not guarantee that promotions will be made available at any specific date or time. Promotions may be offered for all services, a specific service or ancillary service(s). The promotion may be applied to services for one month, three months, or in perpetuity. Any service suspended for non-payment may nullify your right to any promotion active on your account; you will revert to the current publicized, non-promotional prices.

Refunds

Our Refund Policy is in place as a means to test our service. Please refer to the policy for more information.

Chargebacks and Disputes

UltraServers.com Accounting reserves the right to disclose any held information referenced in our Data Handling Policies and billing platform(s) to our payment processors in response to chargebacks and unfair disputes. When opening a service with us, you agree to contact us first regarding any payment issues. The use of a dispute or a chargeback procedure with any payment processor in an attempt to forcibly revoke funding from us is considered a violation of our Terms of Service.

Cancellations

Customers are entitled to cancel their service at any point in time. The cancellation request option is available in the dasboard. We offer “Immediate” and “At the end of the billing period” cancellations. With immediate cancellation, the service will be terminated and wiped shortly with no guarantee that any data will be recoverable. Removal of cancellation requests may be possible by contacting us through our ticket system.
Customers are responsible for canceling any automatic payments. UltraServers do not have access to customer PayPal accounts and can therefore not guarantee that any cancellation request made on the UltraServers platform will be successfully canceled on PayPal.
Payments made by the customer on a canceled service will only be refundable for 90 days from the payment date. The customer must explicitly request a refund via the ticketing system - refunds are not automated.

Account Deletion and Sensitive Data Removal

The policy stated here is designed to protect customer privacy, to streamline the process, and to inform customers of their rights.
  1. You may request to change your username, or email address providing that you have stated a valid reason to do so by requesting the change via the official support channel.
  2. Due to our infrastructure, we cannot remove your UltraServers account if you choose to do so. You may, however, opt for us to completely replace your personal information from your account with randomized details and even go as far as setting a null email and a randomized password.
Please note you should be logged in to the UltraServers dashboard account before making a sensitive data removal request.

Display Names and Server Names

The customer must ensure that their chosen display names and server names will not cause offense to other customers, partners or support staff. This means that any name that could be considered offensive based on:
  1. Race
  2. Biological gender and preferred gender identity
  3. Disability
  4. Sexual orientation
  5. Gender identity
  6. Religion
  7. Nationality
are not allowed, regardless of the language the name is expressed in. Any name that explicitly breaks this rule, or a name that is formatted to imply a word that meets the above criteria will be removed without warning. Persistent attempts to contravene this rule could result in the service being suspended or terminated.

Subscriptions and Overpayments

This section declares and represents in our Refund Policy, and the customer agrees to it.

Failure to Pay

UltraServers.com retains the right to remove or retain the content stored on UltraServers.com servers in the event of non-payment for the services.

Service Suspension

UltraServers reserves the right to suspend any or all services provided to the customer, without prior warning and without liability if:
  1. The customer fails to pay any outstanding fees by the end of the current billing period. For clarity, each new day for billing purposes is deemed to start at 00:00 CET.
  2. The customer's actions are affecting the performance or enjoyment of the service of other customers due to failure to comply with our TOS, AUP or for any other cause.
  3. A customer does not respond in a timely manner to any concerns raised, or does not otherwise cooperate with any necessary investigations.
  4. Requested by a correctly served order from a law enforcement agency in any relevant jurisdictions.
UltraServers reserve the right in exceptional cases to request reasonable payment to cover any lost fees during the suspension period before agreeing to unsuspend a customer.

Service Termination

UltraServers reserves the right to terminate any or all services provided to the customer, without prior warning and without liability if:
  1. The service has been in a suspended state for 7 or more days. For clarity, each new day for billing purposes is deemed to start at 00:00 CET.
  2. The customer repeats behavior that has previously led to suspension.
  3. Any attempt is made, successful or otherwise, to bypass any limitations imposed by the active service plan(s). For example, overtly attempting to bypass limits on RAM, CPU cores or any other quantitative feature.
  4. The customer's actions or behavior can reasonably be deemed a gross and overt violation of our TOS or AUP.
The customer has the right to terminate at any time if UltraServers fails to deliver the service as advertised and does not rectify any valid material failure(s) within 14 days of receiving written notice of the failure(s). This must be delivered via the official support mechanism (ticketing system) and not via any informal route, such as Discord.

Privacy

The customer understands and agrees to the Privacy Policy provided by UltraServers.com.

Security and Incident Response

Despite best efforts and audits, security incidents are inevitably part of online business. Customer security is important to UltraServers, and we are fully committed to its security and that of our customers. We continue to maintain a culture of transparency and truthfulness, which also extends to our approach to reporting security incidents. UltraServers.com will take the following actions:
Close all connections to UltraServers.com servers or any other accessible place to resolve the incident rapidly. As soon as any Incidents reported or discovered by us, we will publish this on our communication channels at the earliest, including our website, our Twitter page, our community Discord server, and the incident response page. We will also start emailing the clients affected, but it might take some time for all the emails to be dispatched.
  1. We assess third-party partners and vendors for fit and security risk based on the services they provide. We also make sure the right technical and contractual commitments are in place.
  2. We use N+1, Tier 3 data center vendors with your availability and security in mind—and with physical security.
  3. Use of VLAN, To keep the data safe and secure and to avoid possible sneaking, we use private VLANs at our network providers.
  4. We implement enterprise level DDoS protection with CloudFlare.
UltraServers make all reasonable endeavors to provide a safe and secure environment. Customers can help us in the following ways:
  1. Moderate your account sharing, do not share your account with people you do not know.
  2. Notify UltraServers.com if you notice any unauthorized use of or access our platform through your account, including any unauthorized use of your password.
  3. Enable two-factor authentication (2FA) on your email account you use to register.

Software & Service Updates

Any software provided with the Services may be updated or altered at any time. These changes are often to improve the quality of the Services and fix problems. You agree to receive such updates.

Hosting Locations

UltraServers may provide services in multiple locations. The choice of locations may change from time-to-time. We do not guarantee the availability of your preferred location. In certain circumstances, it may be necessary to add or remove the locations offered. If it becomes necessary to move a customer from their allocated location, we will endeavor to discuss this with the customer 30 days prior to any move. If this is not feasible, for any or no reason, we reserve the right to move data and services to alternate locations.

Common Carrier

UltraServers.com and the customer agree that UltraServers.com is solely acting as a common carrier in its capacity of providing services. The customer agrees that they are the publisher of any material or information and responsible for it adhering to the ToS.. The content distributed by customer is in no way reflective of UltraServers.com. UltraServers.com does not filter or inspect the content distributed by the customer using our, as outlined in our Privacy Policy. All material stored or distributed by the customer is considered publicly accessible. UltraServers.com's distribution of content provided by customers does not express or imply approval of material by UltraServers.com, nor does it confirm that the material is in compliance with the ToS.

Notices

Any notice under these ToS may be e-mailed, delivered personally or to such other places as the parties may designate in writing.

Miscellaneous

This section includes legal terms and conditions declared by UltraServers.com.

Proprietary Rights

UltraServers.com owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Compliance with Law

Through this agreement, the customer accepts full responsibility and accountability for all the content stored on, downloaded to, or distributed from their Services with legal rights.
UltraServers reserve the right to consult with law enforcement agencies or other official authorities if any customer activity could be deemed illegal or of malicious intent.
The customer permits UltraServers to stop, start, pause, modify, update, or delete their services and games servers, to modify files, including plugins, modpacks, databases, or any other asset store at UltraServers to ensure the stable running of the service.
Threats and malicious communications, written, verbal or otherwise will be dealt with to the full extent of the law.

Content License

The customer retains copyright and all other rights they already hold in content which is stored on, or distributed through Services provided by UltraServers. By storing or distributing content through Services, you give UltraServers.com a perpetual, irrevocable, worldwide and royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, and publicly perform, publicly display and distribute said content using services. The customer agrees that this license includes a right for UltraServers to make such content available to other companies, organizations or individuals with whom UltraServers has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services. You understand that UltraServers, in performing the required technical steps to provide the Services to our users, may: a) transmit or distribute your content over various public networks and in various media b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media You agree that this license shall permit UltraServers.com to take these actions. You confirm and warrant to UltraServers that you have all the rights, power and authority necessary to grant the above license.

Limitation of Liability

UltraServers.com is not liable for protection or privacy of any content transmitted through the Internet or any other network provider, or services the customer may use.

Indemnity

Customer agrees to defend, indemnify and hold UltraServers harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by UltraServers.com arising from or due to claims made by third parties (including customers of the customer) for their actions.

Force Majeure

UltraServers shall not be liable to customer for any failure of performance under these ToS due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Indian government or of any other government (including provincial and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

Nondisclosure

UltraServers and the customer shall use their best efforts to keep the provisions (including price) of all agreements from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party's rights hereunder.

Relationship of the Parties

The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a separate agreement.

Waiver

Any party's failure to insist on compliance or enforcement of any provision of these ToS shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of these ToS.

Attorneys' Fees

If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Terms, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

Questions

Questions about the Terms Of Service? Contact us.

DISCLAIMER OF WARRANTIES

SERVICES PROVIDED BY UltraServers.com ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. UltraServers.com SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL UltraServers.com BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF UltraServers.com HAS BEEN ADVISED BY THE CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF UltraServers.com SERVICE TO THE CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, UltraServers.com SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.