Skip to content
Legal

Terms of Service

Last updated:

These Terms are a legally binding agreement between you and Ember Hosting. Please read them. You can reach us at [email protected] if anything is unclear.

1. How you accept these Terms

You accept and become legally bound by these Terms of Service (the “Terms”) when you do any of the following:

  • Create an Ember Hosting account.
  • Sign in to an existing account.
  • Place an order, including pre-payment via Stripe, an extension, a top-up, or a server restoration.
  • Use any server, dashboard, API, or other feature we provide.

If you do not agree to these Terms, do not use the service. If you are accepting on behalf of a business, you represent that you have authority to bind that business, and “you” in these Terms refers to the business as well as you personally.

2. The service we provide

Ember Hosting (“Ember,” “we,” “us”) is a trade name of an individual sole proprietor located in the State of Florida, United States. Ember provides an orchestration, billing, and dashboard service that provisions and manages pre-configured virtual machines (“Servers”) running supported game-server software, on behalf of friend groups and community organizers (“you,” “your”). We offer two purchase models:

  • Always-on rental(also called “fixed”) — a wall-clock window of 3, 7, or 30 days. The rental ends at the expiry time shown on your dashboard whether or not anyone is playing.
  • Group Mode bundle(also called “playtime”) — a budget of in-game hours (12h / 24h / 48h / 100h). Time is charged every minute the Server is running, regardless of player count. The Server auto-hibernates 5–10 minutes after the last player disconnects (configured per bundle); hibernation pauses the counter and resumes it when the Server is woken.

Upstream infrastructure.The Servers we provision for you are hosted on third-party cloud infrastructure (currently Hetzner Online GmbH, with data centers in the European Union and the United States). We do not own or operate the underlying physical hardware. Customer Content (defined in §8) ultimately resides on that third-party infrastructure during the rental and during the recovery-snapshot retention window. Hetzner's availability, network, and data-handling practices are governed by their terms of service and privacy policy, not ours, and incidents on their infrastructure are outside our reasonable control (see §18 Force Majeure).

Available games, regions, hardware tiers, and pricing are listed on our pricing page and may change from time to time without notice.

3. Your account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

  • Provide accurate and current information when creating your account.
  • Not share your password or transfer your account to another person.
  • Notify us promptly if you suspect any unauthorized access at [email protected].
  • Use one account per person. If you operate multiple accounts to evade enforcement actions or refund policies, we may consolidate or terminate them.

4. Acceptable use

Your use of the service is subject to our Acceptable Use Policy (the “AUP”), which is incorporated into these Terms. You are responsible for everything that happens on your Server, including content posted by you, content posted by your players, and the conduct of any administrators you grant access. We may suspend or terminate any rental that violates the AUP, without refund and without prior notice when the violation is severe (e.g., distribution of illegal content, DDoS staging, child sexual abuse material).

5. Payments, refunds, and taxes

All rentals are paid up-front through Stripe, our payment processor. By placing an order you authorize us to charge the payment method you select for the order amount, applicable taxes, and any extensions or top-ups you initiate. Refund policy and SLA credit terms are set out separately in our Refund Policy and Service-Level Agreement, both incorporated into these Terms.

You are solely responsible for any taxes, duties, or government-imposed fees applicable to your purchase, except for taxes on our income. If we are required to collect sales, use, value-added, or similar taxes, we will add them to your invoice and remit them to the appropriate authority.

6. Eligibility and age requirement

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to create an account or place a paid order. By accepting these Terms, you represent that you meet that requirement. If you are a parent or legal guardian and have allowed someone under 18 to use the service, you accept full responsibility for their use, including all charges and any violations of these Terms or the AUP.

We do not knowingly collect personal information from children under 13. If we learn that we have collected such information, we will delete it. See our Privacy Policy for details.

7. Service lifecycle, hibernation, and data

For always-on rentals, the wall-clock window continues to count down regardless of player activity. For Group Mode rentals, the in-game-hour budget pauses while the Server is hibernated and resumes when it is woken.

Servers that go idle for the configured grace window (5 to 10 minutes for Group Mode; longer for Always-on) are hibernated: we snapshot the Server's disk and stop the underlying virtual machine. You can wake the Server from your dashboard at any time while the rental is active.

When a rental ends — whether by wall-clock expiry, exhausted Group Mode budget, your cancellation, or our termination for cause — we attempt to retain a recovery snapshot for thirty (30) daysat our sole discretion. If you purchase a new rental within that window, you may be able to restore your prior Server's state via our dashboard. We do not guarantee retention and may shorten or omit it for servers terminated for breach, when retention would violate law, or when our underlying infrastructure provider deletes the snapshot for any reason.

8. Customer content and license to host

“Customer Content” means any data, files, world saves, configuration, mods, or other materials you place on a Server or transmit through our service. You retain ownership of all Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, and display Customer Content solely as needed to provide the service to you (including making backups and recovery snapshots, transmitting data between regions, and delivering data to you on your request).

You represent and warrant that you have all rights necessary to place Customer Content on a Server, that doing so does not violate the rights of any third party, and that the Customer Content does not violate the AUP. We do not pre-screen Customer Content but reserve the right to remove or refuse to transmit any Customer Content that we reasonably believe violates these Terms or applicable law.

9. Third-party software and game licenses

Our service runs game-server software developed by third parties (e.g., Facepunch Studios, Mojang Studios / Microsoft, The Fun Pimps, and others). You are responsible for complying with the end-user license agreement and server-operator policy of each game you run, including any restrictions on commercial use, modding, or content. You are responsible for the licensing of any mods, plugins, or third-party software you install on your Server. We have no relationship with, and make no warranties on behalf of, any third-party software publisher.

10. Service modifications and discontinuance

We may add, change, suspend, or remove features at any time. We may discontinue support for a particular game, region, or hardware tier on at least 14 days' advance notice via the email associated with your account. If we discontinue a rental feature you actively rely on within an in-progress rental, we will offer you a pro-rata refund of the unused portion or a comparable replacement, at our discretion. We will not retroactively withdraw rentals that have already been paid for and provisioned, except as set out in §11 (Termination) and §4 (Acceptable Use).

11. Termination and suspension

By you: you may stop using the service at any time. You may cancel an active rental from your dashboard; refund eligibility is governed by our Refund Policy.

By us: we may suspend or terminate your account, your access to the service, or any active rental at any time and without prior notice if (a) you breach these Terms or the AUP, (b) we are required to do so by law or by order of a court or regulator, (c) your Server is implicated in network abuse that threatens the stability of our infrastructure or that of our upstream provider, or (d) your payment is reversed, charged back, or otherwise unsuccessful.

Termination by us for cause does not entitle you to a refund. Termination for any other reason will follow the proportional-refund standard set out in §10.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBER HOSTING DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM US, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimers may not apply to you in whole or in part.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMBER HOSTING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF IN-GAME PROGRESS, ITEMS, OR ACHIEVEMENTS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) AND (B) THE TOTAL AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of certain damages, so the above limits may not apply to you in whole or in part.

14. Indemnification

You agree to defend, indemnify, and hold harmless Ember Hosting, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, judgments, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the service, (b) your Customer Content, (c) any conduct on your Server by you or your players, (d) your breach of these Terms or the AUP, or (e) your violation of any law or the rights of any third party. We will give you reasonable notice of any claim subject to indemnification, and you may not settle any such claim in a way that imposes obligations on us without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

15. Governing law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration under §16, you and we agree to the exclusive jurisdiction of the state and federal courts located in the State of Florida, and each party waives any objection to venue or forum non-conveniens in those courts. Nothing in this Section is intended to limit any rights you may have under the Florida Deceptive and Unfair Trade Practices Act or any other consumer- protection statute that applies regardless of contractual choice of law.

16. Dispute resolution and arbitration

Informal resolution first. Before either of us files a formal claim, we agree to try in good faith to resolve any dispute by writing to [email protected] with a description of the issue and the resolution sought, and to negotiate informally for at least sixty (60) days.

Binding arbitration.If informal resolution does not succeed, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the service will be resolved by binding individual arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be in the county of your residence, or, at your option, conducted by telephone or video, or based solely on written submissions for claims under $25,000. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Class-action waiver. You and we each agree that any dispute will be resolved only on an individual basis and not in any class, collective, consolidated, or representative action. The arbitrator may not consolidate claims of more than one person and may not preside over any form of representative or class proceeding.

Carve-outs.Either party may bring an individual action in small-claims court for any dispute within that court's jurisdiction. Either party may also seek injunctive or other equitable relief in court to protect its intellectual property or to prevent unauthorized access to the service.

30-day right to opt out. You may opt out of the arbitration agreement and class-action waiver in this §16 by emailing [email protected] with the subject line “Arbitration opt-out” within thirty (30) days of first accepting these Terms. Opting out will not affect any other part of these Terms. The remainder of these Terms will continue to govern the relationship between you and us.

We respect intellectual-property rights. If you believe that material on a Server we host infringes your copyright, please send a notice that complies with 17 U.S.C. § 512(c)(3) to [email protected]. Your notice must include: a physical or electronic signature of the copyright owner or authorized agent; identification of the copyrighted work claimed to have been infringed; identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it; your contact information; 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, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner's behalf. We may, in appropriate circumstances, terminate the accounts of repeat infringers.

18. Force majeure

We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, denial-of- service attacks, software bugs in third-party components, or outages of our upstream infrastructure provider.

19. Modifications to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page and, for material changes, notify active customers by email at the address associated with the account at least seven (7) days before the change takes effect. Your continued use of the service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the service before the effective date.

20. General provisions

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights granted under them, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.

Entire agreement. These Terms, together with the AUP, the Refund Policy, the SLA, and the Privacy Policy, are the entire agreement between you and us regarding the service and supersede any prior agreements.

Notices to you. We may give notice by email to the address associated with your account, by posting on the dashboard, or by an in-app announcement.

21. Contact

Questions, concerns, or notices to us: [email protected]. DMCA notices: [email protected].