These Terms of Service are an agreement (the "Agreement") between HiOctane Servers ("HiOctane" or "we") and you ("client" or "you" or "your"). This Agreement states the terms and conditions of your use of the products and services (the "service" or "services" or "server") made available by HiOctane. By using any of the services, you agree to be bound by all of the terms and provisions of the Agreement.
The owner of the payment method which is used for payment on the service is designated as the authorized owner of the service unless specified by the client.
If you use our services on behalf of another party, you agree that you are authorized to bind the other party to this agreement and to act on the other party's behalf with respect to any actions you take in connection with our services.
You are prohibited from reselling our services to an entity and claim it as your "own server" unless we have given explicit notice and permission of being able to resell any of our services.
All services may only be used for lawful purposes. We take no legal responsibility for using illicit scripts/modifications running on our servers that may break the Steam Terms of Service / Steam Subscriber Agreement, Minecraft EULA and any other related End User License Agreements by the developers of the server software.
A rented server is not intended for resale use. In the event that rented servers are being used for resale purposes, it shall be terminated with our discretion.
All transactions with third-party providers are solely between you and the individual provider. HiOctane is not the agent, representative, trustee or fiduciary of you or the third-party provider in any transaction.
All discounts, promotions, and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. All transactions with third-party providers are subject to the terms and conditions under which the provider agrees with you to provide services. You should confirm the terms of any purchase and/or use of services with the specific third party provider with whom you are dealing.
HiOctane does not make any warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these providers at your own risk. HiOctane does not warrant the accuracy of any information regarding third-party providers.
You are required to pay the fees for your subscribed service(s) on the specified due date or within a few days after the specified due date. However, we do allow deferred payments on certain circumstances:
Once you have paid for and used a service, refunds of any kind are not eligible.
- Deferred payments are due within 14 days after the original due date.
- If you wish to request a deferred payment, please do so by contacting us via email at [email protected] with the subject "Deferred Payment Request" followed by your email address and name in the body of the email.
Any confidential information (such as legal names, personal email addresses, addresses, IP addresses, personal files, passwords) are to be kept confidentially, and will not be shared with any third party on our end.
We do not sell or give your personal information to any third party that is not mentioned in this Agreemnt; we explicitly use your personal information for emails, user accounts, billing, and for contact all of which are to be kept confidentially between HiOctane and the client.
The files in the services that we provide are all secured in the server, we only access these files when you require technical support. Anyone with the given login information is allowed to have access to the server files.
The uptime guarantee is only deemed invalid if and not limited to: natural disasters, malicious external attacks (physical), user-error or misconfiguration of the server on the end-user, legal circumstances/law enforcement, termination of service, hibernation period, scheduled maintenance, third-party service downtime and/or catastrophic server failure.
The security of the files uploaded to our servers rely on the users that upload them, uploading confidential or unlicensed/unauthorized use of trademarked material on our public servers (fast download, web servers, public dedicated servers) is prohibited.
HiOctane does not take backups of any kind of client data, the client that is using the service is responsible for managing and backing up their own data.
We may terminate your access to the service(s), in whole or in part, including in the deletion/confiscation of server files, content, at our discretion in the event that:
- You fail to pay any fees due
- You violate the terms and conditions of this Agreement
- Your conduct may harm HiOctane and/or others, cause HiOctane and/or others to incur liability, or disrupt HiOctane's business operations (as determind by HiOctane in its sole discretion)
- For any other lawful reason, including to comply with any applicable laws or as otherwise mentioned in this Agreement. In such an event, you will be obligated to pay all fees accrued prior to the effectiveness of such termination.
A hibernation period is a period in which you can temporarily suspend your service but keep files on our servers, the minimum length for a hibernation period is 3 months (90 days)
During this period, you will not be billed for a server under a shared node, you will not be able to access the files being stored while the hibernation period takes place.
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the internal laws of the United Arab Emirates, without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
By using our services, you agree to and acknowledge the terms and conditions in this Agreement and to any third-party EULAs or terms of services mentioned.