Terms of Service

1. Introduction & Scope

Welcome to Inflamed Hosting. These Terms of Service ("Agreement", "Terms", "ToS") govern your use of our services available at our website operated by Inflamed Hosting ("us", "we", or "our").

By accessing our Site or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the service.

These Terms shall supplement our Privacy Policy, incorporated herein by reference.

The following terminology applies throughout these Terms: "client", "user", "you" and "your" refers to you, the person or entity accessing this Site and using our services. "Ourselves", "we", "our" and "us" refers to Inflamed Hosting.

2. Services Offered

Inflamed Hosting provides cloud hosting services, including FiveM and TeamSpeak server hosting, as well as other custom hosting solutions. Our service offerings may change from time to time at our discretion.

3. Acceptable Use and Prohibited Activities

Users are required to comply with U.S. law and refrain from engaging in any of the following prohibited activities:

Hosting or distributing illegal, harmful, or malicious content.
Abusing server resources to cause service interruptions or degrade performance.
Engaging in activities such as phishing, spamming, or fraud.
Attempting to gain unauthorized access to other servers or systems.
Publishing or sharing content that infringes on intellectual property rights or privacy rights.
Distributing content that promotes discrimination, harassment, or violence against any individual or group.

Inflamed Hosting reserves the right to access client server files, backups, and settings when necessary for:

Providing technical support.
Investigating potential violations of these Terms.
Addressing issues such as leaked assets or unauthorized modifications.

Violation of acceptable use policies may result in service suspension or termination without notice.

4. Billing, Payment, and Refund Policies

Payment Processing

Billing is processed through Stripe.
All clients are subject to a 2.9% processing fee plus 30 cents.

Subscription and Renewal

Services are billed on a subscription basis.
Subscriptions are renewed monthly unless canceled by the client.
To cancel, clients must navigate to the billing website, select their service, and submit a cancellation request.
Invoices are generated 10 days before the due date, with automatic payment attempts occurring 2 days prior.

Late Payments and Service Suspension

Services are suspended after 2 days of non-payment and terminated after 15 days.
Late fees may be applied at the discretion of Inflamed Hosting for overdue invoices.

Refunds and Upgrades

Monthly subscriptions may be eligible for refunds within 30 days for unresolved technical issues caused by Inflamed Hosting.
Clients must provide sufficient time to troubleshoot and resolve the issue before refunds are considered.
Refunds are issued at Inflamed Hosting's discretion and may be prorated.
Refunds exclude Stripe fees.
Refunds are not provided in cases of policy violations, misuse of services, or partial use of allocated resources.
Services may be upgraded, but some may not be downgraded.
Upon upgrading, charges will be adjusted based on the remaining days in the billing cycle and the cost of the new plan.

Custom Solutions and Services

Any custom solutions, whether for custom game servers or similar specialized services, are strictly non-refundable once agreed upon and/or paid for.
Custom specifications for currently offered services are also non-refundable once the service has been configured according to these specifications.
By commissioning or agreeing to a custom solution or custom specifications, the client acknowledges and accepts that these services are being uniquely tailored to their requirements and therefore cannot be repurposed or refunded.

Custom Pricing and Promotions

Custom pricing may be offered upon agreement between Inflamed Hosting and the client.
Promotional discounts may not be available to everyone and are non-transferable.
Misuse of discounts may result in their termination.

Giveaways

Inflamed Hosting may conduct giveaways at its discretion.
Winners must abide by our Terms of Service.
Inflamed Hosting reserves the right to end any giveaway without choosing winner(s).
If winner(s) have outstanding or unpaid invoices, Inflamed Hosting reserves the right to select new winners or end the giveaway.
Specific giveaways may have additional terms and conditions that will be communicated separately.

5. Client Support and Escalation Procedures

Clients can contact support through the following channels:

The billing website (preferred method for billing inquiries).
The Discord server (for expedited responses).

Unresolved issues will be escalated through the following chain:

Team Member
Team Lead
Manager (final escalation point)

Support is only provided for billing and hosting-related technical issues. Inflamed Hosting does not offer support for the setup, creation, or troubleshooting of third-party resources or custom configurations beyond the hosting environment.

While our staff members have experience with server development, assistance with development issues is at our discretion and not guaranteed. We generally only help with hosting-related issues.

6. Liability and Downtime

Inflamed Hosting is not liable for data loss under any circumstances. Clients are strongly encouraged to maintain their own backups.

While efforts are made to ensure uptime of at least 95%, Inflamed Hosting is not responsible for downtime caused by third-party hosting providers, network outages, or maintenance.

Staff members who cause intentional damage to client data or services will be subject to internal review and may be held liable.

7. Resource Management

Users are responsible for managing their allocated resources:

If a client runs out of memory, their server will stop functioning.
If a client runs out of storage space, they will be unable to add anything to their server.
Notifications will be displayed on a person's dashboard when they are running low on resources.
Users can upgrade their services to avoid degraded performance.

8. Termination and Suspension Rights

Inflamed Hosting reserves the right to suspend or terminate services for the following reasons:

Hosting, distributing, or engaging in the facilitation of illegal content or activities.
Overloading or disrupting servers through excessive resource consumption, unauthorized activities, or misuse of the hosting environment.
Hosting malicious software, participating in fraudulent activities, or conducting unauthorized operations.
Non-payment of invoices, including habitual late payments, or failure to resolve outstanding balances within the specified timelines.
Providing inaccurate or fraudulent information during account setup or support interactions.
Abusing, harassing, or threatening support staff, including the use of offensive language or making excessive, unreasonable demands.
Reselling or sublicensing services without prior written authorization from Inflamed Hosting.
Breaching any clause outlined in these Terms of Service or engaging in activities that violate local, state, or federal laws.

Upon termination or suspension, all client data, including files, backups, and server settings, may be immediately deleted without further notice. It is the sole responsibility of the client to maintain current and adequate backups of their data. Inflamed Hosting shall not be held liable for any loss of data following termination or suspension.

9. Intellectual Property Rights

Client Content

Clients retain ownership of content hosted on their servers, including files, databases, and any other data they upload.
Clients are responsible for ensuring their content complies with all applicable laws and regulations.

Inflamed Hosting Property

Inflamed Hosting retains full ownership of all proprietary systems, software, tools, and infrastructure used to deliver its services.
Clients are granted a non-exclusive, non-transferable, limited license to use Inflamed Hosting's systems solely for the purpose of accessing and managing their hosting services.
Any custom configurations, tools, or scripts provided by Inflamed Hosting to clients may be used by the client but not replicated, edited, sold, or otherwise distributed without express permission.

Clients retain ownership of content hosted on their servers, including files, databases, and any other data they upload. However, clients are responsible for ensuring their content complies with all applicable laws and regulations.

Inflamed Hosting retains full ownership of all proprietary systems, software, tools, and infrastructure used to deliver its services. This includes, but is not limited to, control panels, automation scripts, and backend configurations.

Clients are granted a non-exclusive, non-transferable, limited license to use Inflamed Hosting's systems solely for the purpose of accessing and managing their hosting services. This license does not grant any ownership or rights to the underlying systems.

10. Server Transfers and Account Changes

Inflamed Hosting allows server transfers between customers and account ownership changes, subject to verification and approval by our support team. All outstanding invoices must be settled before any transfer is completed.

11. User Data and Privacy

Data Collection

Inflamed Hosting collects various types of user data, including but not limited to:

Email addresses and contact information
Payment information
Names and addresses
Server logs and usage data
Phone numbers
Discord identifiers and other platform-specific identifiers

Data Retention

User data will be retained indefinitely unless explicitly requested otherwise by the user.
Some information may be required to be retained for legal, tax, or business purposes even after a deletion request.

Data Sharing

Payment information is shared with our payment processor (Stripe).
We do not sell user data to third parties.
We may share data as required by law or court order.

Data Security

We implement reasonable security measures to protect user data.
In the event of a data breach, affected users will be notified.
We use cookies and similar tracking technologies on our website.

User Rights

Users may request access to their personal information.
Users may request correction of inaccurate personal information.
Users may request deletion of certain personal information, though not all information can be changed or deleted due to legal, technical, or business requirements.

12. Indemnification

Clients agree to indemnify, defend, and hold harmless Inflamed Hosting, its employees, agents, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to:

The client's use of Inflamed Hosting services.
Violations of these Terms of Service.
Any content hosted or distributed by the client.
Unauthorized or improper use of Inflamed Hosting systems.

This indemnification extends to claims brought by third parties, including but not limited to legal claims resulting from illegal or prohibited activities conducted through the client's hosting services.

13. Dispute Resolution

Applicable Law

These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.

Resolution Process

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof:

The parties shall first attempt to resolve the dispute through good-faith negotiations.
If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration.
Arbitration shall be conducted in North Carolina according to the rules of the American Arbitration Association.
The arbitration award shall be final and binding on both parties.
Each party shall bear its own costs associated with the arbitration.

Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis only. Neither you nor Inflamed Hosting shall seek to have any dispute heard as a class action, representative action, or in any proceeding in which either party acts or proposes to act in a representative capacity.

14. Updates and Amendments

Inflamed Hosting reserves the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes indicates your acceptance of the modified Terms.

15. Contact Information

If you have any questions about these Terms, please contact us through our website or Discord server.

Inflamed Hosting - Terms of Service