This Terms and Conditions document ("Agreement") governs the use of server hosting services ("Service") provided by VA Hosting ("Provider," "we," "us," or "our") for the game Ark: Survival Ascended ("Game"). By signing up for and using the Service, you ("Client," "you," or "your") agree to be bound by this Agreement.

1. Eligibility

To use our hosting services, you must be at least 18 years old (or the legal age of majority) and possess the authority to bind any business or entity you represent. You agree to use the platform in full compliance with all local and international laws, warranting that you are not subject to any trade embargoes or government sanction lists. The Provider reserves the right to refuse access or terminate accounts at any time if these criteria are not met.

2. Service Description

2.1. Service Offering: We provide managed dedicated server hosting for Ark: Survival Ascended on Linux-based server infrastructure utilizing the Linux ASA Server Manager (LASM), with servers hosted on OVH Ubuntu Linux Virtual Private Servers (VPS).

2.2. Server Instances: We offer hosting plans with specific player slot capacities (e.g., 20, 32, 50 player slots). Each tier includes allocated RAM and CPU resources.

2.3. Map and Configuration: Server configurations, including desired maps, mods, DLC, and game settings, must be submitted exclusively via an export file generated from the Beacon App. We will provision servers based solely on the information contained within this provided file. No other method of configuration submission is accepted.

2.4. Uptime Guarantee: We aim for a 99.5% service uptime monthly, excluding scheduled maintenance and situations outside our reasonable control.

2.5. All-Inclusive: Our pricing is designed to be all-inclusive for the specified player slot tiers. This covers the server instance, management via LASM, and automated backups. Specific limitations on mod performance or resource usage may apply and will be communicated.

3. Account Registration, Responsibilities, and Payment

3.1. Account Creation and Accuracy: To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. Failure to do so constitutes a breach of these Terms.

3.2. Account Security: You are entirely responsible for keeping your login credentials secure and must notify us immediately of any unauthorized account access or security breaches. We are not liable for any loss or damage arising from your failure to safeguard your account.

3.3. Payment: Services are provided on a recurring subscription basis (monthly, quarterly, etc.). Payment is due in advance according to your chosen billing interval. We accept payments via PayPal and Wise.

3.4. Billing Cycle: Your billing cycle begins on the date of your first successful payment.

3.5. Failed Payments: If payment fails, we will notify you. You will have a grace period of seven (7) calendar days from the due date to rectify the payment. Failure to do so may result in service suspension.

3.6. Price Changes: We reserve the right to change prices for the Service with thirty (30) days' prior written notice to you.

4. Service Provisioning and Management

4.1. Onboarding: Upon successful registration and payment, you will be prompted to upload your Beacon App export file. Your server will be provisioned based on the specifications within this file.

4.2. LASM Management: All server instances are managed using Linux ASA Server Manager (LASM).

4.3. RCON Access: You will be provided with RCON credentials to manage your server's in-game administration if permitted by your chosen settings.

5. User Responsibilities

5.1. Compliance: You agree to comply with all applicable laws, regulations, and the official Ark: Survival Ascended Terms of Service and End User License Agreement.

5.2. Content and Activity Control: You assume full ownership and responsibility for all data, text, information, profiles, messages, or other content (collectively, "Content") hosted under your account, ensuring it complies with our policies. You are responsible for managing your server's players and enforcing rules within your game instance.

5.3. Prohibited Activities: You agree not to use the Service for any of the following:

• Illegal activities or promoting illegal behavior.
• Hosting or distributing malware, viruses, or harmful code.
• Harassment, abuse, or threatening behavior towards other users or the Provider.
• Any activity that consumes excessive server resources or abuses allocation limits, potentially impacting the performance or stability of other hosted servers on the shared infrastructure.
• Circumventing any security measures or attempting unauthorized access.
• Using the Service to engage in any form of spam or unsolicited commercial activity.

6. Data and Backups

6.1. Backup Policy: We provide automated daily backups of your Ark server instance files. Backups are retained for seven (7) days.

6.2. Restoration: In the event of data loss, we will restore your server from the most recent available backup. We are not responsible for data loss resulting from user error, game corruption, or circumstances beyond our control.

6.3. User Backup Responsibility: While automated backup tools are provided, you acknowledge that players are primarily responsible for their in-game character data, essential logs, and manual file edits. You are solely responsible for regularly backing up your own critical data, as we are not liable for data loss or corruption beyond the scope of our standard backup policy.

6.4. Data Loss Disclaimer: We are not liable for any data loss beyond the scope of our backup policy, including but not limited to loss due to catastrophic hardware failure despite reasonable redundancy and precautions, or unforeseen events.

7. Support and Communication

7.1. Support Channels: Support is provided via our Discord ticket system during specified business hours.

7.2. Business Hours: Our business hours are Monday-Friday, 09:00-17:00 UTC+2.

7.3. Response Time: We aim for a response time of under one (1) hour for critical support issues during business hours. Non-critical inquiries may take longer.

7.4. Notification: We will notify Users of scheduled maintenance or significant changes to the Service via email, Discord announcement, or portal notification.

8. Termination and Cancellation

8.1. Client Termination: You may cancel your hosting account at any time through your account portal. Termination will take effect at the end of your current billing cycle.

8.2. Provider Termination: We reserve the right to terminate your services with a 30-day notice for any reason. Conversely, we may suspend or terminate your account immediately and without notice if you breach our terms, fail to pay, or engage in prohibited activities that compromise server security.

8.3. Data After Termination: Upon termination, your server instance and associated data will be retained for a period of seven (7) calendar days, during which time you may request a final backup for download. After this period, all data, files, and emails will be permanently deleted from our servers without liability for loss. It is your sole responsibility to back up and migrate your data prior to final closure.

8.4. No Refunds: Except as explicitly required by applicable law, no refunds will be provided for partial billing periods upon termination.

9. Limitation of Liability and Disclaimers

9.1. As-Is Service: The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2. No Guarantee: We do not guarantee that the Service will be uninterrupted, error-free, or completely secure.

9.3. Third-Party Services: We are not responsible for the performance or reliability of third-party services, including but not limited to Ark: Survival Ascended itself, its developers (Wildcard Studios), the Beacon App, or payment processors.

9.4. Total Liability Cap: Our total aggregate liability to you for any claims arising under or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to the Provider for the Service during the three (3) months preceding the claim.

10. Changes to Terms

10.1. Modification: We reserve the right to update or modify this Agreement at any time.

10.2. Notice: We will provide at least thirty (30) days' notice of any significant changes to existing users before they take effect. Continued use of the Service after such changes constitutes your acceptance of the new terms.

11. Governing Law and Dispute Resolution

11.1. Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of South Africa.

11.2. Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall first be subject to good-faith negotiation between the parties. If a resolution cannot be reached through negotiation, disputes shall be settled in the courts located in Port Elizabeth, South Africa.

12. Contact Information

For any questions regarding this Agreement, please contact us at:

vahosting@protonmail.com