Welcome to Fortress Server. These Terms and Conditions (“Terms”) govern your use of our website, hosting services, and related products or services (collectively, the “Services”) provided by Fortress Server (“we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our Services.
1. Acceptance of Terms
By registering for an account, accessing our website, or using any of our Services, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
2. Services Provided
Fortress Server provides web hosting, domain registration, server management, and related services as described on our website. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, for reasons including but not limited to technical upgrades, compliance with laws, or business decisions.
3. User Responsibilities
As a user of our Services, you agree to:
- Provide accurate, complete, and up-to-date information during account registration and billing.
- Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or use.
- Use the Services in compliance with all applicable laws, regulations, and these Terms.
- Not engage in activities that may harm, disrupt, or overload our systems, including but not limited to hacking, distributing malware, or engaging in denial-of-service attacks.
- Not use the Services to host, store, or distribute content that is illegal, defamatory, obscene, infringing on intellectual property rights, or otherwise harmful.
You are solely responsible for the content you host on our servers and for ensuring it complies with applicable laws and our policies.
4. Account Registration and Use
To access certain Services, you must create an account. You agree to:
- Provide accurate billing and contact information.
- Update your account information promptly if it changes.
- Be responsible for all activities conducted under your account.
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or abusive behavior.
5. Payment and Billing
- Fees: You agree to pay all fees associated with the Services as outlined on our website or in your service agreement. Fees are non-refundable except as specified in our refund policy (if applicable).
- Billing: Payments are due in advance for the selected billing cycle (e.g., monthly, annually). You authorize us to charge your provided payment method for recurring fees.
- Late Payments: Failure to pay fees on time may result in suspension or termination of your Services. We may charge late fees or interest on overdue amounts as permitted by law.
- Price Changes: We reserve the right to modify pricing at any time. Changes will be communicated in advance and will not affect the current billing cycle for existing subscriptions.
6. Acceptable Use Policy
You agree not to use the Services for:
- Illegal activities, including but not limited to piracy, fraud, or distribution of illegal content.
- Sending unsolicited communications (e.g., spam) or engaging in phishing or other deceptive practices.
- Hosting content that promotes violence, discrimination, or harm to individuals or groups.
- Interfering with or attempting to bypass our security measures or network infrastructure.
Violations of this policy may result in immediate suspension or termination of your Services without refund.
7. Intellectual Property
- Your Content: You retain ownership of all content you upload or host using our Services. By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and display your content as necessary to provide the Services.
- Our Intellectual Property: All materials, software, trademarks, and other intellectual property provided by Fortress Server remain our property or that of our licensors. You may not reproduce, distribute, or modify these materials without our express written consent.
8. Service Availability and Limitations
We strive to provide reliable and uninterrupted Services but do not guarantee that the Services will be error-free, uninterrupted, or available at all times. Downtime may occur due to maintenance, technical issues, or events beyond our control. We are not liable for any losses or damages resulting from such interruptions.
9. Termination and Suspension
- By You: You may terminate your account at any time by following the instructions in your account settings or contacting us. No refunds will be issued for unused portions of prepaid Services unless specified in our refund policy.
- By Us: We may suspend or terminate your Services for reasons including but not limited to:
- Violation of these Terms or our Privacy Policy.
- Non-payment of fees.
- Abuse of our Services or infrastructure.
- Legal or regulatory requirements.
- Upon termination, your access to the Services will cease, and we may delete your data in accordance with our data retention policies (see Privacy Policy, Section 4).
10. Limitation of Liability
To the maximum extent permitted by law, Fortress Server and its affiliates, officers, employees, or agents will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services, including but not limited to loss of data, profits, or business opportunities. Our total liability for any claim will not exceed the amount you paid for the Services in the preceding 12 months.
11. Indemnification
You agree to indemnify and hold Fortress Server harmless from any claims, losses, or damages, including legal fees, arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.
12. Changes to These Terms
We may update these Terms at any time to reflect changes in our Services, legal requirements, or business practices. Updates will be posted on our website with the effective date. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. Significant changes will be communicated via email or a prominent notice on our website.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of [Insert Jurisdiction, e.g., Delaware, USA]. Any disputes arising from these Terms or the Services will be resolved through binding arbitration in [Insert City, e.g., Wilmington, Delaware], in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.
14. Force Majeure
Fortress Server will not be liable for any failure to perform its obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, wars, cyberattacks, or government actions.
15. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fortress Server regarding the Services.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
16. Contact Us
If you have questions, concerns, or requests regarding these Terms or our Services, please contact us at:
- Email: [email protected]
We are committed to addressing your inquiries promptly.