Terms and Conditions of Service
Last updated on August 31st, 2021
Terms Of Service
Modern Hosting values all our clients, which is why your security, safety and accountability is at the forefront of our values. Any and all usage of the services provided by Modern Hosting must be lawful and respect the guidelines of the Terms and Conditions listed below.
General Lawful Principles
All services provided by Modern Hosting must be used for lawful purposes only. Modern Hosting is not legally obligated to monitor client’s activities, but the provider will make themselves available to monitor and/or respond to complaints from users for reasons that include but are not limited to: offensive, violent, undesirable or any kind of illegal activities. Any findings of illegal activity will be reported to the appropriate judicial authorities. Examples of unacceptable activities include but are not limited to:
- Use or sale of pirated content
- Copyright infringement of any kind
- Illegal activity related to the release of sensitive information, or other harmful activity such as fraud, underage exposure, or malicious content.
- Sale of unauthorized goods and services regulated by law such as; loan sharks, sale of illegal items and/or goods.
Indemnification and or Refusal of Service.
The consumer (you) agrees that it will hold Modern Hosting free from any and all liability, loss and stipulations such as expenses and claims suffered either but not limited to the negligence of the customer and/or indirect cause of Modern Hosting. In the event of any loss suffered by the customer, the customer agrees to hold Modern Hosting free from liability such as; Employees and all consumers, directors, suppliers, claimants and/or anyone associated with Modern Hosting unless stipulated by the governing law and direct cause is proven within a Court of Law.
The customer acknowledges that Modern Hosting does not consider risk of the customer’s potential punitive, incidental or consequential damages that may arise in connection of the customer’s usage of Modern Hosting services. The customer agrees that Modern Hosting is not to be held responsible for loss of profit or damages from use of the services, whether they be indirect, special, incidental, punitive or consequential.
Changes to services and or Terms and Conditions
Modern Hosting reserves the right, at its sole discretion, to replace and/or modify any part of this Agreement. You are responsible to check this Agreement regularly for changes. Your use of this Site or Modern Hosting services constitutes an agreement to the changes. The Provider may offer new features and services in the future, and these services and features are subject to the Terms and Conditions. Our services and features are always evolving, and we may remove a service entirely, or create new limits to our services. We may modify our Terms to reflect a change in law or a change in our services. It is important that the customer consults these Terms and Conditions regularly.
Refund and Cancellation Policy of our Services
Modern Hosting may not be an ideal service for your specific needs. In the event that you are not satisfied with the services, you may request for a refund within a forty-eight-hour (48) timeframe from the time of purchase for a refund. However, limitations do apply to this policy;
- You may not request for a refund within two (2) hours of purchase.
- You may not request for a refund after forty-eight (48) hours have passed from the time of purchase.
- Any purchases made with Cryptocurrency may not be refunded.
- If you opened a dispute with your financial institution and/or payment processor without attempting to contact the Modern Hosting support team, you are not eligible for a refund.
- If a bundle composed of multiple months was purchased, the remaining months may be refunded but the current calendar month will not if the forty-eight (48) hour timeframe has elapsed.
- If your service was terminated due to a violation of our Terms and Conditions or unlawful conduct, you will not be refunded.
- Dedicated servers, VPS servers, Software Licenses and Managed or Semi-managed Support Services are not eligible for refunds after being activated and/or provided to the customer.
- Overpayment due to the failure of cancelling an ongoing PayPal subscription can be refunded up to 3 months after a cancellation request was received, otherwise, subsequent payments will be applied as credit to your account for future services.
- A maximum of one (1) refund per person may be requested and processed.
Cancellation of Services
If the customer paid for a service in advance and decides to cancel the service, it will be cancelled at the end of the predetermined billing period. Prepaid packages or advanced payments are not eligible for a full refund. A partial refund will be granted depending on time remaining and time used, within the Refund and Cancellation Policy of our Services listed above. Dedicated servers and/or services and payments will not be refunded regardless of the forty-eight (48) hour timeframe.
Modern Hosting has a zero-tolerance policy for exploitation or abuse of the service. Abuse of the service can be generally defined but is not limited to the following:
- Registering for more than one Free Trial per person is prohibited.
- Unsolicited bulk email, commercial messages ("spam"), or mass messages 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.
- Botnets are strictly prohibited.
- IP/port scanning is strictly prohibited.
- Open proxies, TOR relays, and TOR exit nodes are strictly prohibited.
- Violations of copyrights or trademarks is strictly prohibited.
- Intentionally attempting to otherwise bypass the limits of the service.
Abuse of the VPS service can be defined but is not limited to the following:
- Cryptocurrency mining, distributed computing, or other CPU-intensive tasks are strictly prohibited.
Abuse of the Game Hosting service can be defined but is not limited to the following:
- Daemon processes or background processes are strictly prohibited.
- Storing backups of any kind is strictly prohibited.
- Using pirated or nulled software is strictly prohibited.
- Plugins that allow the customer to have multiple servers on the same purchased package, including but not limited to: SubServers on Spigot/Bukkit 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 or VPS server shall exceed the full CPU core count included in the server purchase for an extended period of time. This 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: necessary game files, game plugins, databases, and dedicated server files. Logs or backups may be deleted without advance notice if they use a considerable amount of space and affect other customers in a node.
The unmetered MySQL databases feature is applicable to game servers, and shall only be used to store data that is completely required for the server to function, including but not limited to: Data from plugins and/or additional software that runs on the same game server.
When ordering a new game server, a limit of 10 MySQL databases is set to prevent abuse; in the event that this limit is not sufficient enough, it can be raised for free by opening a support ticket with valid justification.
In the case of abuse of any kind on our service, we reserve the right to immediately terminate your service without right to refund, including but not limited to: bypassing the assigned RAM limit of your purchased package.
Modern Hosting guarantees to reply to all support tickets created within three (3) hours, between Monday and Saturday, from 6:00 AM EST to 10:00 PM EST. In most cases, we can guarantee a complete resolution of each support ticket within five (5) days, with the exception of certain extenuating circumstances, listed below but not limited to:
- Newly discovered and not previously resolved game bugs on our systems
- Partnership applications
- Legal proceedings
Modern Hosting is classed as a partnership in Canada. This User Agreement is a legal agreement between you (includes “customer”, “you” and “your”) and Modern Hosting. These terms, conditions, procedures and regulations must be respected in the events listed here but not limited to this list; communications, purchases, receiving services, providing services. If judicial action is warranted, legal principles will be followed according to Canada bylaws and legislation.
Personal information described in this agreement includes but not limited to; identifying information like your name, email, password, phone number and other personal data.
These are your rights regarding your privacy and our use of your data: You may withdraw consent to process, transfer or store your data at any time. This will not affect in any way the legality of any processing, transfer or storage of your data prior to the withdrawal of your consent. If you choose to withdraw consent, this may affect our capacity to provide services and/or products to you. We will advise you if this is the case at the time you withdraw your consent, as within the General Data Protection Regulations and/or United States of America Personal and Commercial Use of Information Protection acts, Modern Hosting will disclose a list but not limited to such list the following personal information being collected by the means of Modern Hosting:
- Private platforms
- Affiliates and/or services
- Payment gateways
- Any other partners used by Modern Hosting
Collection of information by different services and/or gateways
- Payment gateways collect all means of information required in order to process payments, such as but not limited to credit card information, physical address, payment currency.
- Email, contact numbers, cellular network, personal communication needs.
- Languages, country and or state and city.
- Age, sex, geographical area, personal information needed for identification
- Personal Identification documents such as Identification documents.
- Physical address, state, cities and local areas,
- IP, Dedicated servers redirections and or other means of services purchased.
- Saved items on our hardware, refer to the Terms and Conditions regarding unlawful and moderation services.
- Browser cookies and or AdSense services.
- Google, social media and or communication gateways.
Sharing, interacting with, and storing your information
- MODERN HOSTING will never share any personal information with any third-party organizations.
- MODERN HOSTING will ensure your private information is regulated by our team and protected with the highest-grade information security on the market.
- MODERN HOSTING owns all software and hardware; your information is not stored on any 3rd party providers and will be regulated by our own team.
- MODERN HOSTING, management, employees have undisclosed access to relevant personal information in order to solve grievances and operate to the best of our abilities.
- MODERN HOSTING will never ask for your secure personal or account information by unsolicited means of communication. You are responsible for keeping your personal and account information secure and not sharing it with others.
- You may choose to disclose your information in certain ways such as social plug-ins (including those offered by Google, Facebook, Twitter and Pinterest) or using third-party services that allow you to post reviews or other information publicly, and a third party could use that information.
Service Level Agreement
Modern Hosting can guarantee a level of service within certain guidelines. Listed below are the specifications and performance levels you can expect from Modern Hosting:
- We anticipate that our services will be available at least 99.95% of any given month. In the event that services become unavailable for more than 0.05% 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
- VPS Servers
- Dedicated Servers
- Network - We guarantee that our network will be available to all applicable services at least 99.95% of any given month.
- Hardware - We guarantee that our physical hardware will be available to all applicable services at least 99.95% of any given month.
- Planned Maintenance - We announce all planned maintenance such as server restarts 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 customers’ 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 not directly targeting other customers’ 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.
- For every three (3) minutes of downtime, we will provide an extension to the affected service rounded up to the next day.
- Customers requesting compensation for downtime must open a ticket with our billing department within seven (7) days of the downtime incident to receive such extension.
- All SLA claims will be investigated. The outcome of such claims will be decided at our sole discretion.
- Any SLA claims we deem to be fraudulent will be rejected.
- We reserve the right to deny any SLA claim if we believe the customer has purposely attempted to cause a service disruption.
- Our SLA is only valid and available for direct clients of our company. We are not liable for any downtime caused by a reseller of our services.