Terms of Service

Last updated: August 6, 2026

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you ("Customer," "you") and FadedCloud ("FadedCloud," "we," "us," or "our") governing your access to and use of our game server hosting, control panel, website, and related services (collectively, the "Services"). By creating an account, placing an order, or otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

You must be at least 18 years old, or the age of majority where you reside if that age is higher, and have the legal capacity to enter into a binding contract to purchase or use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not you authorized it. You agree to provide accurate, current information when creating an account and to keep it up to date. Notify us immediately at our contact page if you suspect unauthorized use of your account.

3. Billing, Auto-Renewal, Price Changes, and International Sales

Services are billed in advance on a recurring basis (for example, monthly, quarterly, semiannually, or annually, depending on the plan you select and the billing cycles it offers) unless otherwise stated at checkout. By providing a payment method, you authorize us to automatically charge that payment method at the start of each billing cycle until you cancel. It is your responsibility to keep a valid payment method on file.

We may change our prices from time to time. For an active recurring service, we will make reasonable efforts to provide advance notice of a price increase before it takes effect on your next renewal; continuing to use the Service after a price change takes effect constitutes acceptance of the new price. Failed payments may result in a temporary suspension of the affected service until payment is resolved, followed by cancellation if the failure is not resolved within a reasonable grace period.

We may offer the Services to customers located outside the United States where legally and operationally available. International availability does not change the governing-law and forum provisions in Section 17. You are responsible for complying with laws applicable to your purchase, access, and use of the Services in your location. Prices may be displayed or charged in supported currencies. Your bank, card issuer, or payment provider may impose currency-conversion, international-transaction, or other fees that we do not control.

You are responsible for all applicable taxes, duties, levies, and governmental charges associated with your purchase or use of the Services, except to the extent we are legally required to calculate, collect, or remit them. We may refuse, restrict, suspend, or cancel an order or Service when reasonably necessary to comply with United States export-control laws, economic and trade sanctions, payment-provider requirements, or other applicable law. You may not purchase, access, or use the Services if doing so would cause FadedCloud to violate any such restriction.

4. Refunds and Disputes

New purchases are eligible for a refund within 48 hours of the initial order, provided the service has not been heavily used and no abuse or violation of these Terms has occurred. Refunds are not guaranteed for renewals, add-ons, custom configurations, or one-time/setup fees. To request a refund or dispute a charge, contact our support team through a support ticket or Discord before opening a chargeback or payment dispute with your bank or payment provider. Filing a chargeback without first contacting us may result in immediate suspension or termination of your services and any associated accounts. See our Refund Policy for the full picture in one place.

5. Cancellations

You may cancel your service at any time from your billing account dashboard. Cancellation stops future billing but does not automatically issue a refund for the current billing period. Unpaid or cancelled services are subject to suspension and, after a grace period, permanent deletion along with any associated data and backups. We are not responsible for recovering data from a service that has been deleted after cancellation or non-payment.

6. Acceptable Use

You may not use the Services to host, distribute, transmit, or engage in any content or activity that:

• is illegal under applicable federal, state, or local law, or infringes any party's intellectual property, privacy, or other legal rights;
• violates the terms of service, end-user license agreement, or usage policy of any game or application you run on the Service;
• involves launching or facilitating DDoS attacks, distributing malware, phishing, cheating or cheat-tool distribution, or any activity intended to disrupt or gain unauthorized access to other systems or networks (including violations of the Computer Fraud and Abuse Act or comparable state computer-crime laws);
• constitutes unsolicited bulk email or messaging in violation of the CAN-SPAM Act or similar laws;
• exploits, harms, or attempts to exploit or harm minors in any way; or
• attempts to circumvent resource limits, security controls, or metering on our infrastructure.

This is a summary, not the complete list — our full Acceptable Use Policy covers service-specific rules (game servers, Discord bots) in more detail and is incorporated into these Terms by reference. We reserve the right to investigate suspected violations and to suspend or terminate service immediately, without refund, if a violation is confirmed or reasonably suspected.

7. Copyright Complaints (DMCA)

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content hosted on our Services infringes your copyright, send a written notice to our designated agent through our contact page that includes:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing and information reasonably sufficient to let us locate it;
• your contact information (address, phone number, and email);
• a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.

Upon receipt of a valid notice, we will act expeditiously to remove or disable access to the material in question and will notify the affected customer, who may submit a counter-notice as provided under the DMCA. We reserve the right to terminate the accounts of repeat infringers.

8. Service Availability

We work to keep our Services online and performant, but we do not guarantee uninterrupted, timely, secure, or error-free service. Scheduled maintenance, hardware failures, network issues, and factors outside our reasonable control — including issues with upstream providers, data centers, or internet backbone connectivity — may result in downtime. We will make reasonable efforts to notify customers of planned maintenance in advance where practical. We do not currently offer a formal Service Level Agreement with uptime credits; the commitments in this section reflect our operating practice, not a guarantee. See our Service Level Agreement page for more detail on what to expect.

9. Support and Management Scope

Support is available around the clock through a support ticket or our Discord community, and we aim to help quickly and thoroughly whenever you need it. That said, our support is meant to assist you, not to fully manage or run your service for you — the level of hands-on help we can provide varies by service type:

Game servers (Minecraft, ARK: Survival Evolved, Palworld, and the other titles we host) get best-effort assistance with mod/plugin installation, supported server-software configuration, file uploads, and troubleshooting common issues. We don't provide in-depth configuration or debugging of complex third-party setups, custom scripts, or deep compatibility issues between mods.

Discord bot hosting gets help with basic configuration issues and determining whether a problem is on our end, but we don't provide extended support for custom bot code or behavior.

10. Partner Program

We offer a partner program for community owners and creators who want to bring FadedCloud hosting to their audience, described in more detail on our Partners page. Participation is subject to separate terms provided to you when you join the program, which are incorporated into these Terms for participants. We may decline, suspend, or terminate a partner relationship at our discretion, including for activity that violates these Terms, misrepresents FadedCloud, or otherwise doesn't reflect the kind of partnership we're looking to build.

11. Your Content and Data

You retain all ownership rights in the content, worlds, files, and data you upload to or generate on your server ("Customer Content"). You grant us a limited, non-exclusive license to host, store, transmit, and display Customer Content solely to the extent necessary to provide the Services to you. You are solely responsible for maintaining your own backups in addition to any backups we provide as part of your service, and for ensuring Customer Content complies with these Terms and applicable law. We are not liable for loss of Customer Content resulting from hardware failure, account termination for a Terms violation, or non-payment.

12. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or free of errors, or that any defects will be corrected.

13. Limitation of Liability

To the fullest extent permitted by law, FadedCloud and its owners, staff, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Services — including lost profits, lost data, or loss of business — even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim relating to the Services is limited to the amount you paid us for the specific service giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless FadedCloud and its owners, staff, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Content; (b) your use or misuse of the Services; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

15. Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms resulting from causes beyond that party's reasonable control, including acts of God, natural disaster, war, terrorism, riot, labor dispute, government action, pandemic, power or telecommunications failure, internet backbone or upstream-provider outage, or denial-of-service or other cyberattack by a third party.

16. Termination

We may suspend or terminate your access to the Services, with or without notice, if you violate these Terms, fail to pay for your service, or engage in behavior that we reasonably believe puts our network, staff, or other customers at risk. You may terminate your use of the Services at any time by cancelling through your billing account. Sections of these Terms that by their nature should survive termination (including Sections 11 through 15 and 17 through 19) will survive.

17. Governing Law, Jurisdiction, and Dispute Resolution

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services are governed by applicable federal laws of the United States and, to the extent state law applies, the laws of the U.S. state in which FadedCloud maintains its principal place of business, without regard to conflict-of-laws principles that would require the application of another jurisdiction's laws.

To the fullest extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in a state or federal court located within the United States that serves the county and state in which FadedCloud maintains its principal place of business. You consent to the exclusive jurisdiction and venue of those courts and waive any objection based on inconvenient forum or improper venue.

Purchasing, accessing, or using the Services from outside the United States does not alter this governing-law, jurisdiction, or venue agreement. Nothing in these Terms is intended to limit or waive any consumer right or remedy that cannot lawfully be limited or waived under applicable law.

18. General Provisions

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Entire Agreement. These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between you and FadedCloud regarding the Services and supersede any prior agreements.

19. Changes to These Terms

We may revise these Terms of Service from time to time to reflect changes in our Services, legal requirements, or business practices. When we make material changes, we will update the "last updated" date on this page. Your continued use of the Services after a revision takes effect means you accept the updated Terms.

20. Contact

If you have questions about these Terms of Service, reach out to us through our contact page or our Discord community.