Terms and Conditions
Terms of Use. Public Offer Agreement
1. General Provisions
1.1 Terms and Definitions
a. Offer – this public offer, on the basis of which the Operator provides Services to the Subscriber.
c. Subscriber – an individual or legal entity that has completed registration in accordance with the provisions of this Offer.
d. Parties – the participants of this Offer, namely the Operator and the Subscriber.
e. Website – the official website of the Operator https://usagameservers.com.
f. Service – a single service or a set of telematic services, including the provision of technical platforms for hosting and administration of game servers, data transmission, and other types provided for by this Offer and its appendices, rendered by the Operator to the Subscriber.
g. Order – a Service ordered by the Subscriber through the Website.
h. Regulations – the procedure for providing Services as defined by this Offer.
i. Ticket System – an electronic communication system provided by the Operator for interaction with the Subscriber regarding provided Services.
1.2 The Operator provides Services to the Subscriber subject to timely payment under the terms defined by this Offer.
1.3 The Operator provides Services using its own equipment and/or the Subscriber’s equipment under the terms of this Offer.
1.4 The name, scope, cost, duration, and other conditions of the Services are specified in Orders, which are an integral part of this Offer.
1.5 Domain registration and maintenance services are provided by the Operator in cooperation with its partner company LLC “Ukrainian Internet Names Center”.
1.6 In fulfilling this Offer and resolving disputes, the Parties shall be governed by the laws of Ukraine and the jurisdictions in which the Operator’s infrastructure is used.
2. Obligations of the Operator
2.1 Provide Services to the Subscriber under the terms of this Offer.
2.2 Provide paid Services in full, within agreed timeframes, and supply necessary equipment and software for partial or full use by the Subscriber.
2.3 In case of service interruption, take all possible measures to eliminate the causes and restore the Services.
2.4 Maintain records of the Subscriber’s Services.
2.5 Inform the Subscriber about changes in service conditions, tariffs, maintenance work, or other events by publishing notices on the Website and/or via the Ticket System and/or email.
2.6 Ensure the protection of the Subscriber’s personal data, except as required by EU and Ukrainian law.
2.7 Provide the Subscriber, upon official written request, with information required by EU and Ukrainian law and standard commercial practice.
2.8 Timely provide reporting documents on rendered Services and received payments.
3. Obligations of the Subscriber
3.1 Comply with this Offer and applicable EU legislation.
3.2 Timely pay for ordered Services.
3.3 Independently monitor and replenish the account balance to avoid service interruption or termination.
3.4 Provide accurate information during registration and when updating data:
- for individuals: full name and residential address.
- for legal entities: full legal name, registration details, address, and a certified list of users of the equipment.
The Operator reserves the right to request verification under the Selective Verification Policy.
3.5 Review the Operator notification procedure via the Ticket System.
3.6 Respond to Operator messages sent via the Ticket System.
3.7 Immediately notify the Operator of technical issues.
3.8 Use Services strictly in compliance with EU and Ukrainian law and bear full responsibility for any damage caused.
3.9 The Subscriber agrees not to use Services (VH, VPS, GS) for:
- copyright infringement;
- spam or mass mailings;
- illegal content distribution;
- malware or viruses;
- port scanning;
- DDoS/DoS attacks;
- excessive network load;
- phishing or fraudulent websites;
- illegal online stores;
- doorway pages;
- torrent trackers or clients;
- financial pyramids;
- hacking or warez resources;
- drug-related content;
- pornography or escort services;
- automated bots;
- sale of illegal documents;
- pirated resources;
- weapons-related content;
- unlicensed alcohol or tobacco sales;
- gambling services;
- microloan services;
- cryptocurrency mining;
- video or audio streaming services;
- proxying or tunneling traffic.
3.10 Regularly review official information published on the Operator’s Website.
3.11 Provide accurate personal and contact information upon request.
3.12 Bear full responsibility for false or inaccurate information provided.
3.13 Retain financial documents confirming payment and service provision.
4. Rights of the Operator
4.1 Immediately suspend Services for up to five days in cases of non-payment, violations, unauthorized access attempts, prohibited activities, or actions harming the Operator.
4.2 Block Subscriber Orders in case of violations after prior notice via the Ticket System.
4.3 Migrate VH and VPS Orders within the infrastructure without notice if service quality is not affected.
4.4 Migrate Orders with notice if excessive load is caused.
4.5 Unilaterally amend this Offer with publication on the Website.
4.6 Unilaterally terminate Services with notice and refund remaining balance.
4.7 Disclose Subscriber information as required by law.
4.8 Immediately terminate Services in case of insults toward Operator staff.
4.9 Suspend Services if there are doubts about the authenticity of provided data.
5. Rights of the Subscriber
5.1 Demand Services in accordance with this Offer.
5.2 Host projects that do not violate laws or this Offer.
5.3 Use provided resources at own discretion and responsibility.
6. Payment Procedure
6.1 Acceptance of this Offer occurs through prepayment.
6.2 Prices are listed on the Website excluding VAT.
6.3 All payments are made in USD.
6.4 Prices in other currencies are indicative only.
6.5 Payment obligations are fulfilled upon receipt of funds.
6.6 Correct payment identifiers must be specified.
6.7 Refunds require a formal claim.
6.8 Invoices are sent electronically or issued in office.
6.9 Unpaid invoices may result in service suspension.
6.10 Tariffs may change without affecting active Orders.
6.11 The Subscriber is responsible for payment accuracy.
6.12 Billing months are calculated as 31 days.
6.13 Discounts apply only to server cost unless stated otherwise.
6.14 Automatic payments may be enabled by default.
6.15 Unauthorized auto-pay charges may be disputed within five business days.
7. Liability of the Parties
7.1 Late payment may result in suspension.
7.2 Extended non-payment may lead to termination.
7.3 Service restoration may require additional fees.
7.4 No liability for force majeure.
7.5 No liability for third-party services.
7.6 No guarantee of full protection from attacks.
7.7 The Subscriber is responsible for account security.
7.8 The Operator does not control hosted content.
7.9 The Subscriber is fully responsible for legality of hosted information.
7.10 Services may be suspended in case of third-party complaints.
7.11 No liability for damages caused by Subscriber actions.
7.12 In case of failure by either Party to comply with any provision of this Offer, disputes shall be resolved through negotiations. If disputes and disagreements cannot be resolved through mutual agreement, they shall be settled in accordance with the applicable legislation of Ukraine and the European Union.
8. Property Liability of the Parties
8.1 For failure to perform or improper performance of their obligations under this Offer, the Parties shall be liable in accordance with the legislation of Ukraine and the European Union.
8.2 The Parties shall bear no mutual liability for any losses and/or damages incurred by third parties.
8.3 One Party shall not be liable to the other Party for financial or other losses, including lost profits and other indirect damages, regardless of whether such damages could have been foreseen.
8.4 The total liability of the Operator under this Offer is limited to compensation of direct proven damages to the Subscriber in an amount not exceeding the amount actually paid by the Subscriber for the Services at the time the damage occurred.
9. Compensation Procedure
9.1 The Operator guarantees a Service availability rate of at least 99.5% per year (total downtime not exceeding 43 hours per year).
9.2 If, due to the Operator’s fault, the Service was unavailable for longer than the permitted time, the Subscriber has the right to receive compensation for the excess downtime.
9.3 The total compensated time is rounded to whole hours. A partial hour of 30 minutes or more is rounded up; less than 30 minutes is rounded down. The cost of one hour is 1/720 of the monthly service fee.
9.4 This compensation is the sole and exclusive form of compensation for losses incurred by the Subscriber due to service interruptions.
9.5 Scheduled maintenance, force majeure circumstances, and other events not caused by the Operator are not grounds for compensation.
10. Contract Termination Procedure
10.1 The terms of this Offer come into force from the moment payment for the Services is made in accordance with this Offer.
10.2 The Subscriber has the right to unilaterally refuse the Operator’s Services at any time based on a personal request with bilateral signing of a reconciliation statement.
10.3 The Operator has the right to refuse to provide Services to the Subscriber unilaterally by notifying the Subscriber by email at least 7 days in advance.
10.4 All matters not covered by this Offer shall be resolved by the Operator and the Subscriber in accordance with the applicable legislation of the European Union and Ukraine.
11. Refund Policy
11.1 Refunds are possible only in the event of service failure due to the fault of the hosting provider and only for unused days to the user account balance. In exceptional cases, at the discretion of the service provider, refunds may be made to the bank card used for payment. Refunds for other reasons are not possible.
11.2 Refunds are processed within 3–4 banking business days only to the payment method used by the Subscriber. If this is not possible, the refund is credited to the Subscriber’s account balance.
11.3 A commission fee is deducted from the refund amount.
11.4 To request a refund, the Subscriber must submit a ticket indicating the order number, consent to cancellation, server access details, and the reason for refusal of the Service.
11.5 The Operator processes refunds to the Subscriber’s account balance within the Operator’s system.
11.6 The Operator undertakes to initiate the refund procedure within 3 business days from receipt of the Subscriber’s request. Balance refunds are credited instantly; in other cases, the process may take up to 45 days.
11.7 The Operator has the right to refuse a refund if the Subscriber has clearly violated the provisions of this Offer or the Service usage rules.
11.8 Services VH, VPS, and GS are subject to refund and exchange in accordance with this Offer.
11.9 The following services are non-refundable and non-exchangeable: equipment and software installation services, IP address and DNS services, domain names, licensed software, basic and full administration services.
11.10 Only the actual amounts paid by the Subscriber for the Services are subject to refund. Discounts, bonuses, and promotions are non-refundable.
11.11 Situations where services located in Ukraine are unavailable due to power outages, scheduled blackouts, or martial law are considered force majeure, and refunds are not possible.
11.12 When calculating the refund amount, the following conditions apply:
- a bank transfer fee of 15% of the refund amount is deducted;
- expenses incurred by the Operator due to the Subscriber’s fault are deducted (including server shutdowns, network issues, IP blacklisting, etc.);
- for GS services, the Operator may deduct the cost of one full month at the current tariff if the Subscriber did not notify the Operator of cancellation at least 30 days in advance via the Ticket System.
12. Other Provisions
12.1 The “Full Server Administration and Monitoring” service is provided in accordance with the list of works.
12.2 The “VPS Downgrade” service for an active order is applied only by creating a new order at the Subscriber’s expense and transferring data from the old order with the assistance of the Operator’s engineers. After migration, the remaining balance from the old order is credited to the Subscriber’s balance.
12.3 The “Withdrawal of partner program funds to WebMoney” service is provided with a 1% commission fee.
12.4 The additional service “Refusal of Basic Administration” (with a 50% discount) is available only for VPS orders and only at the time of creating a new order. Applying this service to an existing order is possible only by creating a new order and transferring data independently without engineer assistance. After transfer, the Subscriber may request a refund for the old order via the Ticket System.
12.5 If the Subscriber creates excessive load on the parent server, the Operator may impose a limit of 150 domain names for VH orders. The Subscriber is notified 5 business days in advance via the Ticket System.
12.6 The “Sending original documents” service is provided at the Subscriber’s expense using a method chosen by the Subscriber.
12.7 The “Free Domain” service is provided for one year when paying for a VH or VPS order. In case of early cancellation and refund request, the cost of the gifted domain is deducted from the refund amount. The gifted domain cannot be transferred to another registrar until the order expires.
12.8 When registering, renewing, or transferring a domain name, the Subscriber accepts the official rules of the relevant domain zone, including personal data processing rules.
12.9 If the Subscriber exceeds the resource limits of the selected VH or VPS tariff, the Operator may impose strict limits using virtualization technologies (CageFS, etc.) or block the order until the issue is resolved.
12.10 Due to blocking of the Operator’s networks in Turkmenistan, orders of clients using the Services within the jurisdiction of Turkmenistan are canceled. Refunds are processed in accordance with this Offer.
Selective Client Verification
Due to an increase in cases of servers being ordered for illegal purposes (botnet controllers, malware, spam, etc.), the company has introduced selective client identification to prevent IP addresses from being blacklisted.
Client Selection Principle
Based on analysis of problematic orders for the current and previous year, an internal algorithm is used to identify suspicious accounts. The algorithm is not disclosed.
Verification Procedure
If you receive a verification request, you must:
1. Provide a photo of any identity document (passport, driver’s license, etc.) against the background of the main page of our website. The document must clearly show the photo, full name, and stamps. Watermarks are allowed if they do not obscure the data.
2. Provide a phone number in international format. We will contact you.
We guarantee full confidentiality of your data and immediate deletion after verification.
If verification is refused or not completed within 24 hours (in special cases, the Operator may suspend the order without waiting 24 hours), the Operator reserves the right to block the order and delete it after 72 hours.
Refunds in such cases are processed under the general terms of this Offer.
Please note that if verification is initiated after a complaint, suspicious activity, or links to other violating accounts, verification is mandatory. Refund decisions after verification are made at the discretion of company management.
By registering in our service, you confirm your agreement with these rules. If you do not agree with them, please refrain from ordering Services.
An integral part of this Offer is the Technical Support Regulations:
https://usagameservers.com/terms-of-tech-department.php
