Legal

Terms of Service

IMMORTAL HOSTING S.E.N.C. — Master Services Agreement, Terms of Service & Service Level Agreement

Effective Date: September 30, 2026|Jurisdiction: Quebec, Canada|immortal.host

Important Legal Notice

Please read this Master Services Agreement carefully. By clicking “I Agree”, registering an account, submitting payment, or provisioning, accessing, or utilizing any services provided by Immortal Hosting S.E.N.C., you (the “Client”) acknowledge that you have read, understood, and agree to be unconditionally bound by all terms, conditions, and policies set forth herein. If you do not agree without reservation, do not access or use the Services.

1.Parties & Definitions

1.1 The Parties: This Agreement is entered into between Immortal Hosting S.E.N.C., a general partnership (société en nom collectif) duly organized and subsisting under the laws of the Province of Quebec, Canada, having its principal place of business in Quebec, Canada (the “Company”, “We”, “Us”, or “Our”), and the individual or legal entity registering for, acquiring, or utilizing the Services (the “Client”, “You”, or “Your”).
1.2 Definitions:
  • “Agreement”: Collectively, this Master Services Agreement, the Acceptable Use Policy (AUP), Privacy Policy, Service Level Agreement (SLA), and any active Service Orders.
  • “Service” or “Services”: All compute, hosting, and infrastructure offerings rendered via immortal.host (the “Site”), including Game Server Hosting, Virtual Private Servers (“VPS”), Web Hosting, Dedicated Instances (bare-metal hardware), colocation transit, DDoS mitigation, and associated client support.
  • “Downtime”: The verified, continuous, and total inability of an active instance to route network traffic via redundant provider interfaces due solely to the Company's core infrastructure or hardware failure, excluding Scheduled Maintenance or Excluded Downtime.
  • “Hardware” or “Media”: Solid-State Drives (“SSD”), NVMe devices, Hard Disk Drives (“HDD”), chassis, or discrete compute modules owned by the Company or colocated by the Client.

2.Contract Formation & Modifications

2.1 Legal Capacity: You represent and warrant that You have attained the age of majority in Your jurisdiction of residence (and in all events are at least eighteen (18) years of age) and possess full legal capacity to enter into this contract. If acting on behalf of a corporation, You warrant that You possess full authority to bind said entity.
2.2 Unilateral Amendments: The Company reserves the right to amend or update this Agreement at its sole discretion. Amendments become effective immediately upon posting to the Site or upon electronic transmission to the Client's registered email. Continued use of the Services constitutes irrevocable acceptance of the updated terms.

3.Scope of Services & Responsibilities

3.1 Unmanaged Baseline: Unless explicitly designated in writing as “Fully Managed”, all Services are provided on an unmanaged, self-administered basis. The Client retains sole operational control over system administration, root/user configurations, application dependencies, game plugins/mods, software firewalls, and data persistence.
3.2 Support Scope: Support obligations are strictly limited to: (i) hardware node operability; (ii) host hypervisor stability; (iii) uplink network connectivity; and (iv) client portal availability. The Company disclaims any obligation to debug custom game software, configure reverse proxies, audit third-party code, or restore corrupted databases resulting from Client-initiated actions.
3.3 Account Security: The Client is exclusively responsible for preserving the confidentiality of all authentication credentials, API keys, and SSH private keys. All actions, traffic, or liabilities originating under the Client's assigned credentials or IP space shall be legally attributed to the Client.

4.Acceptable Use Policy (AUP)

Breach of this Section constitutes grounds for immediate, non-refundable service termination:

4.1 Network Abuse & Cyber Warfare:
  1. Initiating, relaying, facilitating, or participating in Denial of Service (DoS/DDoS) attacks, network flooding, or UDP amplification.
  2. Conducting unauthorized port scanning, vulnerability probing, brute-force attacks, or credential harvesting.
  3. Operating open proxies, Tor exit nodes, open mail relays, or botnet command-and-control (C2) infrastructure.
  4. Distributing, hosting, or propagating malware, rootkits, ransomware, trojans, keyloggers, or exploit payloads.
4.2 Anti-Spam Compliance: Transmitting unsolicited commercial electronic messages (“Spam”) in contravention of Canada's Anti-Spam Legislation (CASL, S.C. 2010, c. 23). Any IP blacklisting resulting from Client email activities shall incur remediation fees billed directly to the Client.
4.3 Intellectual Property & Illicit Material:
  1. Hosting or transmitting content that infringes upon third-party copyrights, patents, or trademarks.
  2. Operating unauthorized BitTorrent seedboxes, public trackers, or file-sharing indexing nodes. The Company enforces strict compliance with the Notice and Notice regime pursuant to the Canadian Copyright Act (R.S.C., 1985, c. C-42).
  3. Distributing or hosting any material depicting child sexual exploitation or abuse, non-consensual imagery, terrorist propaganda, or content violating the Criminal Code of Canada (R.S.C., 1985, c. C-46).
4.4 Multi-Tenant Integrity: On shared-node tiers (Game Hosting, Web Hosting, standard VPS), the Client shall not sustain deliberate over-utilization of shared CPU threads, I/O bus bandwidth, or hypervisor memory in a manner that degrades adjacent tenants. Cryptocurrency mining and synthetic continuous load-stress tests are strictly prohibited without prior written consent.

5.Billing, Suspension & Termination

5.1 Recurring Billing: Services are billed on a recurring advance cycle (monthly, quarterly, or annually). Invoices are due upon issuance. The Client authorizes the Company to automatically debit recurring payment instruments on file upon renewal dates.
5.2 Default & Suspension: Invoices remaining unpaid five (5) calendar days post-due will result in automated service suspension. Invoices remaining unpaid fourteen (14) calendar days post-due will trigger permanent service termination, irrevocable data destruction, and storage re-provisioning without liability to the Company.
5.3 No-Refund Policy: All payments to the Company are final and strictly non-refundable. Services are provisioned immediately upon transaction confirmation; the Client expressly waives any statutory cooling-off or withdrawal rights to the fullest extent permitted by law. Setup fees and IP address allocations are wholly non-refundable.
5.4 Cancellation: The Client may cancel services at any time via the client portal. Cancellation takes effect strictly at the expiration of the current paid billing cycle. No prorated credits or refunds will be issued for early cancellation.

6.Data Loss & Backup Disclaimer

6.1 Backup Obligation: The Services do not include automated or guaranteed disaster recovery unless contracted under a formal off-site managed backup rider. The Client acknowledges that retention of independent, offline, and redundant backups of all scripts, databases, game saves, and configuration files is the sole responsibility of the Client.
6.2 Zero Liability: Under no circumstances shall the Company be held liable for the loss, corruption, deletion, or inaccessibility of any data, whether resulting from hardware failure, system corruption, cyber incident, service suspension, or accidental user overwrite.

7.Service Level Agreement (SLA)

7.1 Uptime Commitment: The Company covenants to maintain a Monthly Uptime Target of ninety-nine percent (99.0%) for core network connectivity and physical host reachability during each complete calendar month.
7.2 Excluded Downtime: Downtime excludes unavailability arising from: (a) Scheduled Maintenance announced at least 24 hours in advance; (b) emergency security patching; (c) Client software misconfiguration or application crashes; (d) suspensions for AUP breach or non-payment; (e) upstream transit provider failures or Force Majeure; (f) automated DDoS attack scrubbing, packet redirection, or temporary BGP null-routing.
7.3 Exclusive Remedy (Service Credits):

If the Company fails to achieve the 99.0% Monthly Uptime Target, the Client's sole and exclusive remedy shall be a Service Credit:

  • Monthly Availability 95.0% – 98.9%: 10% service credit.
  • Monthly Availability < 95.0%: 25% service credit.

Credits apply exclusively toward future invoices for the impacted service, carry no cash redemption value, and must be claimed via ticket within seven (7) days of the outage. Credits shall not exceed 100% of the monthly fee.

8.Warranties & Liability

8.1 Disclaimer: To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, or non-infringement.
8.2 Limitation of Liability: In no event shall the Company, its partners, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages (including loss of profits, players, data, or business interruption), even if advised of the possibility of such damages.
8.3 Monetary Cap: The total aggregate liability of the Company arising from or relating to this Agreement, regardless of the legal theory advanced, shall be strictly limited to the fees actually paid by the Client to the Company for the specific service at issue in the one (1) month immediately preceding the event giving rise to liability.

9.Indemnification

The Client agrees to defend, indemnify, and hold harmless Immortal Hosting S.E.N.C., its partners, officers, and employees against any claims, losses, damages, penalties, and expenses (including reasonable legal fees) arising from: (a) Client's use or misuse of the Services; (b) content, scripts, or data hosted by the Client; (c) Client's violation of applicable law; or (d) Client's breach of this Agreement.

10.Governing Law & Jurisdiction

10.1 Applicable Law: This Agreement is governed by and construed in accordance with the substantive laws of the Province of Quebec and the federal laws of Canada applicable therein, excluding conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
10.2 Judicial Forum: Any legal proceeding arising out of or related to this Agreement shall be instituted exclusively before the competent courts of the Judicial District of Quebec, Province of Quebec, Canada. The parties waive any objection regarding forum non conveniens.
10.3 Severability: If any provision is held invalid or unenforceable, the remaining provisions continue in full legal force and effect.

11.Language Clause

The parties confirm their express wish that this Agreement, as well as all related documents, be drawn up in English. Les parties confirment leur volonté expresse que la présente convention ainsi que tous les documents s'y rattachant soient rédigés en langue anglaise.