Terms and Conditions of Service

Last updated on August 31st, 2022

Terms Of Service

The Terms and Conditions on this page govern and define the relationship between the client (“Customer”, “User”), guest and 1 of 1 Servers (“Provider”, “We”, “Our”). 1 of 1 Servers includes the website (1of1servers.com) and all other services provided by 1 of 1 Servers. By using our services, you automatically agree to our terms, so it is important to ensure that you understand these terms. These terms apply to all our services, and along with the terms and conditions stated in our privacy policy, it is important that you comply with them whilst using 1 of 1 Servers services.

1 of 1 Servers 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 1 of 1 Servers must be lawful and respect the guidelines of the Terms and Conditions listed below.

General Lawful Principles

All services provided by 1 of 1 Servers must be used for lawful purposes only. 1 of 1 Servers 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:

  1. Use or sale of pirated content
  2. Copyright infringement of any kind
  3. Illegal activity related to the release of sensitive information, or other harmful activity such as fraud, underage exposure, or malicious content.
  4. 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 1 of 1 Servers 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 1 of 1 Servers. In the event of any loss suffered by the customer, the customer agrees to hold 1 of 1 Servers free from liability such as; Employees and all consumers, directors, suppliers, claimants and/or anyone associated with 1 of 1 Servers unless stipulated by the governing law and direct cause is proven within a Court of Law.

1 of 1 Servers holds at its discretion the right to refuse, terminate, cancel any and all the customer’s services in the event of conduction of unlawful activity, violation of these terms and conditions, violation of the privacy policy, or any indecent conduct. The service may be cancelled in the event of a EULA violation, or a violation of the game's monetization rules and guidelines. In the event of termination of services, the payment will be cancelled next calendar month. In the event of policy violation, the account will be immediately terminated. Policy Violations are not entitled to a refund of any kind.

The customer acknowledges that 1 of 1 Servers 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 1 of 1 Servers services. The customer agrees that 1 of 1 Servers 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

Refund and Cancellation Policy of our Services

1 of 1 Servers may not be an ideal service for your specific needs. Please make sure you read carefully the product features and capabilities. All products and services are non-refundable once the product is deliver.However, limitations do apply to this policy;

  1. In some very special instances, we may be able to issue a credit towards any of our other products.
  2. If we are to issue any refunds, it is at our sole discretion only and we will issue credit only. Setup fees are non-refundable.
  3. Any purchases made with Cryptocurrency may not be refunded.
  4. Additional services (i.e framework installation) or other adds-ons and custom features are non-refundable;
  5. If you opened a dispute with your financial institution and/or payment processor without attempting to contact the 1 of 1 Servers support team, you are not eligible for a refund.
  6. If a bundle composed of multiple months was purchased, you are locked and the remaining months may not be refunded.
  7. If your service was terminated due to a violation of our Terms and Conditions or unlawful conduct, you will not be refunded.
  8. 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.

Billing & Invoicing

Your due date is 30 days after you purchase your server. If you need additional help paying for your invoice, reach out to us so we can assist you.

  • Your account will be assessed a 15% OR $10 late payment fee, whichever is greater.
  • We do a pre-authorization 3 days before. If we are not able to collect your funds on the pre-authorization, you have until your due date to pay for it. If your invoice is not paid on your due date, the service will be suspended.
  • Any billing dispute of any kind does not exempt you from paying current and future bills.
  • All disputes resolved in your favor will receive account credit.
  • Any chargebacks we will add an additional $35 to your invoice and your account. We will also send your account to collections and you will be responsible for all fees associated with any collections effort.
  • VPS Servers: If your invoice is not paid on your due date, your services will be suspended and disconnected. If your invoice is not paid after 24 hours after your due date, we will terminate your services and you WILL lose data.
  • Dedicated Servers: If you fail to submit payment by the invoice due date, your service will be disconnected immediately. Your account will be assessed a 15% OR $10, whichever is greater late fee. If your invoice is not paid after 24 hours after your due date, we will terminate your services and you WILL lose data.

Cancellation of Services

Our services are month to month with no contracts, unless subscribed to more than one month.

  • If you purchase your service for more than 1 month, i.e 3 months, you are locked in for that time period. There are no refunds or exchanges, reefer to the "Refunds" Policy above.
  • To request your service cancellation, you must make a request 5 days before your due date to allow enough time for cancellation to process. You can request cancellation from "My Services" section of your customer dashboard.
  • Failure to submit your payment on time will occur on termination of your services. All data will be lost and it is not recoverable.

Exploitation

1 of 1 Servers 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.

Bandwidth

1 of 1 Servers offers unlimited bandwidth under fair usage to all of US and Europe VPS and dedicated servers unless otherwise stated below.

  • Singapore VPS have a 1 TB bandwidth data limit per rolling 30 days. If you're going to exceed this limit, please open a support ticket and we can help you raise it.

Schedule

1 of 1 Servers guarantees to reply to all support tickets created within three (3) hours placed within your client portal, between Monday and Sunday, from 9:00 AM EST to 1:00 AM EST. Alternative if you place a ticket in Discord, our estimated response time is under 1 hour. 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

Contact

For any questions regarding the Terms and Conditions, Privacy Policy or Service Level Agreement, contact [email protected] Only official support platforms are through Discord support tickets and billing tickets. It is important to note that Discord support tickets have some limitations, you may need to open a billing ticket. Mailing Address: 100 SE 2nd St, Miami, FL 33131 Phone Number: (786) 509-7097

Privacy Policy

1 of 1 Servers is classed as a partnership in United States. This User Agreement is a legal agreement between you (includes “customer”, “you” and “your”) and 1 of 1 Servers. 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 United States bylaws and legislation.

1 of 1 Servers is committed to maintain the privacy and security of its customers’ information (“customer information”) submitted to 1 of 1 Servers and affiliates via accessible platforms. By using our services and communicating with us, you give consent to the transfer, processing and storage of your personal data within the guidelines of this Privacy Policy. 1 of 1 Servers holds at its sole discretion to add, remove or modify any part of this agreement, at any time. You are responsible to check this agreement regularly for changes. Your use of any 1 of 1 Servers services constitutes acceptance of these potential changes. Any new service, modification of service provided by 1 of 1 Servers and affiliates will be subject to this agreement.

Personal information described in this agreement includes but not limited to; identifying information like your name, email, password, phone number and other personal data.

Privacy Rights

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, 1 of 1 Servers will disclose a list but not limited to such list the following personal information being collected by the means of 1 of 1 Servers:

  • Private platforms
  • Affiliates and/or services
  • Payment gateways
  • Any other partners used by 1 of 1 Servers

Collection of information by different services and/or gateways

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.
1 of 1 Servers collects the following but not limited to:
  • 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

  1. 1 of 1 Servers will never share any personal information with any third-party organizations.
  2. 1 of 1 Servers will ensure your private information is regulated by our team and protected with the highest-grade information security on the market.
  3. 1 of 1 Servers owns all software and hardware; your information is not stored on any 3rd party providers and will be regulated by our own team.
  4. 1 of 1 Servers, management, employees have undisclosed access to relevant personal information in order to solve grievances and operate to the best of our abilities.
  5. 1 of 1 Servers 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.
  6. 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.
  7. Social plug-ins and social applications are operated by the social network themselves and are subject to their own terms of use and privacy and cookies policies. It is important that you familiarize yourself with the social network’s own Terms of Service.

Service Level Agreement

1 of 1 Servers can guarantee a level of service within certain guidelines. Listed below are the specifications and performance levels you can expect from 1 of 1 Servers:

  1. We anticipate that our services will be available at least 99.90% of any given month. In the event that services become unavailable for more than 0.10% of any given month, a client may request to be compensated.
  2. 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
  3. Our SLA only applies to the following types of interruptions:
    • Network - We guarantee that our network will be available to all applicable services at least 99.90% of any given month.
    • Hardware - We guarantee that our physical hardware will be available to all applicable services at least 99.90% of any given month.
  4. Our SLA does not apply under the following circumstances:
    • 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.
  5. In the event of non-compliance, the client will be refunded as per the terms listed below:
    • At our sole discretion 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, your services canceled and terminated.
    • 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 resellers of our services.