Terms of Service

By utilizing “Deep Impact Servers”, you understand and agree to the terms and conditions provided on this page. The agreements on this page overrides any other written or verbal agreement. “Deep Impact Servers” reserves the right to change any terms and conditions on this page with or without notice.

End-User Agreement
This agreement is between “Deep Impact Servers” and the end-user that is utilizing any of our services or products. We agree to provide these services or products in exchange for payments of fees, the end-user agrees to comply with all the terms and conditions on this page. If the end-user does not agree or deliberately violates any part of this agreement, “Deep Impact Servers” will refuse service to new or existing clients with or without notice. This includes account suspension or even termination at “Deep Impact Servers” sole discretion. “Deep Impact Servers” reserves the right to refuse service to new or existing customers with or without reason.

• "Deep Impact Servers" does not support the game that is being hosted and cannot gaurantee the game server software itself to be free of errors. "Deep Impact Servers" is not responsible for fixing these errors, it is up to the end-user to contact the appropriate company to seek support for related issues.
• Acceptable Use:
  • Modding: "Deep Impact Servers" allows its clients to mod their servers via FTP as long as the mods comply with the game servers EULA.
    • Mods that are used should only be for the purpose of enhancing gameplay for everyone connected to the server.
    • Mods that are used for cheating purposes, illegal activity, or breach the game server's EULA is strictly prohibited and "Deep Impact Servers" reserves the right to permanetly remove client from "Deep Impact Servers" without refund.
    • "Deep Impact Servers" reserves the right to suspend any account holder that "Deep Impact Servers" suspects is using their game server in an unacceptable manner.
    • "Deep Impact Servers" does not support modding of game servers unless they are in the addon section in clients Game Server Control Panel.
  • System Usage:
    • "Deep Impact Servers" monitors server usage. "Deep Impact Servers" does its best to keep usage low on all servers to ensure optimal gameplay, however, "Deep Impact Servers" is not responsible for usage spikes resulting in slowed gameplay. If client is experiencing gameplay issues, it is the clients responsibility to open a trouble ticket and "Deep Impact Servers" will do its best to resolve the issue.
  • Hacking/Unauthorized Access:
    • "Deep Impact Servers" monitors every transaction made via FTP and an IP address is logged with each transaction. Any notice of suspicous activity will immediately be dealt with resulting in an IP ban from all our servers.
    • Any clients attempting to access areas of "Deep Impact Servers" that they are not authorized to access, clients services will immediately be terminated, and client may be held legally liable to the fullest extent of the law.
• Technical Support:
  • "Deep Impact Servers" provides support for getting client's game server functioning in its original structure. It is the clients responsibility to back up their game server files prior to making any changes. "Deep Impact Servers" is not responsible for broken files caused by the client resulting in down time.
  • "Deep Impact Servers" is able to reinstall game servers back to their original functioning state, but is not responsible for intalling mods or modifying game server files in any way.
• Downtime:
  • "Deep Impact Servers" does it's best to provide 100% Uptime, However, there may be unforseen circumstances that may cause unexpected downtime. "Deep Impact Servers" may or may not provide credits for such downtime.
  • "Deep Impact Servers" may temporarily bring down some servers for maintenance purposes. "Deep Impact Servers" posts all scheduled maintenance tasks at https://deepimpactservers.com/networkissues.php

• System Uptime - “Deep Impact Servers” does its best to guarantee 99%+ system uptime. However, services may be temporarily disrupted for maintenance purposes.
• Client Web Space & Usage – Client is allotted a fixed amount of disk space, and bandwidth per month. If a limit is exceeded, clients account most likely will not be suspended, instead a overuse charge has been put into place to encourage clients to pay attention to the resources they use.
• Disk Space Overuse – if clients allotted disk space is exceeded, client will be charged $1.00 per MegaByte each month, for as long as disk space is being overused. Excessive overuse may lead to account suspension.
• Bandwidth Overuse – if client exceeds allotted bandwidth, the client will be charged $1.00 per GigaByte. If client exceeds more that 2000GigaBytes per month on a regular basis, Client will be advised and will be given one month's notice to upgrade to a more suitable hosting environment. After client has been advised and one month has passed, if allotted bandwidth is exceeded, clients account will be suspended if no action has been taken by the client.
• “Deep Impact Servers” monitors its servers 24/7 to detect any malicious activity. “Deep Impact Servers” does its absolute best to keep our servers secure and our customers safe from any potential threat. However, it is the clients responsibility to follow the guidelines of this service agreement, Deep Impact Desings” is not responsible for damages caused by malicious code or hardware failure due to client not complying to this service agreement and client will be held liable.
• “Deep Impact Servers” performs a full server nightly backup, however, due to the fact that backups may fail, it is also the clients responsibility to perform regular backups with the tools that have been provided to them in their control panel. “Deep Impact Servers” is not responsible for any loss of data or profits due to client failing to perform regular backups.
• “Deep Impact Servers” reserves the right to reject mail to or passing through its servers for any reason. This includes blocking IP addresses.
• Violations & Termination:
  • If any of these terms and conditions are violated, the violator's account will be suspended indefinitely without refund and your agreement with us will be terminated. We reserve the right to suspend your account with or without notice, NO EXCEPTIONS!
    • Adult sites and links to adult-oriented site is prohibited.
    • Sites that promote hatred, racism, or discrimination is prohibited and will lead to the immediate suspension of your account and the termination of this agreement.
    • Sites that promote illegal or fraudulent activity will IMMEDIATELY be removed from our servers, and such activities will be reported to authorities along with providing any information regarding the identity of any account users involved in this violation.
    • E-mail abuse – using our servers to spam will not be tolerated.
    • Any use of system resources that disrupts the normal use of the system for other Deep Impact Servers Customers is considered to be abuse.
    • Storage of illegal/pirated software or media.
    • The use of any type of IRC bot.
    • Storage of software intended for hacking/cracking purposes.
• Copyright Notices
  • All copyrighted material account users upload to their web space must be either owned to them or have permission from the copyright holder. Using copyrighted material without the owners permission is considered illegal as provided by United States Federal Law and by International treaties.
• Legal Agreement
  • The customer is solely responsible for any legal liability arising out of, or relating to his/her web space at Deep Impact Servers. The Customer represents and warrants to Deep Impact Servers that is holds the necessary rights to permit the use of any of the materials on his/her website, and, that the use, reproduction, distribution, transmission, or display of any data to the public, and any material to which the public can link through or any products of services made available to the public through his/her web space, wil not:
    • violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
    • contain any material that is: unlawful, harmful, fraudulent, threatning, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
    • Customer agrees to indemnify and to hold "Deep Impact Servers", and any third party entities related to "Deep Impact Servers", harmless from and against any and all liability, loss, damages, claims, or causes of actain including reasonable legal fees and expenses arising out of or related to: The Customer's breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto.
    • The Customer understands and agrees that hosting of the Customers' web site is at the sole discretion of "Deep Impact Servers". Deep Impact Servers may at its sole discretion discontinue web hosting services to any Customer operating a website that Deep Impact Servers has deemed to be in violation of our Terms of Service Agreement.
  • The Customer agrees to indemnify and hold Deep Impact Servers, subcontractors, Managers, and Employees harmless from any claims, including attorney's fees, resulting from the Customer receiving hosting services by Deep Impact Servers which cause direct or indirect damage to another party.
    • To the maximum extent permitted by applicable law, in no event and under no legal theory shall "Deep Impact Servers be liable to the customer for any business loss, revenues decrease, expenses increase, costs of substitute products/services, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of the use of, or inability to use, any of Deep Impact Servers web hosting services, even if Deep Impact Servers has been advised of the possibility of such damages. In no event shall Deep Impact Servers liability exceed the monthly fee paid by the customer. This limitation of liability and risks is reflected in the price of the services we provide.
    • Deep Impact Designs makes an honest effort to keep the information available to the public accurate. However, Deep Impact Designs can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and information available.

• Coupon Codes:
  • All new customers are given a one-time 100% discount for one month of service. This applies ONLY to new customers, existing or previous customers are not eligible to receive this coupon.
  • "Deep Impact Servers" reserves the right to discontinue any coupon code, at any time.
• Cancellations:
  • Month-to-Month: "Deep Impact Servers" will provide a full refund for the month prior to 15 calendar days of the month in service. After 15 days, only a 25% refund may be issued.
  • Anuall: Client will receive a refund for the months that have not been used. Client will not be refunded for months that have exceeded 15 days in the billing cycle.
• Credits:
  • On occasion, "Deep Impact Servers" will issue credits due to down time or other reasons. These credits may be used to pay for current services, and to add additional services. Credits are non-refundable.
• Refunds & Credits:
  • Refunds are transferred from "Deep Impact Servers" to the clients bank account.
  • Credits are a non-monetary value that can be redeemed only through the use of "Deep Impact Servers" services.

• One-Time Payment Services include, but not limited to:
  • Performing Administrative Tasks(installing software, modifying game servers, etc.)
  • Web Development
  • Graphic Design
• Hourly Rate for One-Time payment Services is: $45/hour.
• When a project has been completed and approved, an invoice will be sent out and payment must be received before "Deep Impact Designs" installs website to the server. Client's payment must be received net 30 days to avoid any late fees.
• Late Fees:
  • If payment is not received by due date specified on an invoice, their may be a charge of up to $7.00 per day after due date.
• Upon payment, One Time payment services is non-refundable.