Phantom Hosting by Phantom Productions LLC — Terms of Service
Effective Date: September 9th 2025,
1. Parties & Definitions
These Terms of Service ("the Terms”) are a binding agreement between Phantom Productions LLC, doing business as Phantom Hosting (collectively, "Company", “we,” “us,” or “our”), and the person or entity that creates an account or uses our Services (“Customer/Client,” “you,” or “your”).
“Services” include all hosting and related offerings we make available (e.g., website hosting, game servers, VPS, dedicated servers, domains, email, DDoS protection, panels/portals, and support).
“Order” means any online checkout, service order, quote, or invoice you accept.
“AUP” means the Acceptable Use Policy in Section 14.
“SLA” means the Service Level Agreement in Section 15.
2. Acceptance & Changes
By creating an account, placing an Order, or using the Services, you accept these Terms, our AUP, SLA, and any policies referenced herein. We may update the Terms at any time. We will post changes and, for material changes, provide notice (e.g., email or portal notice). Continued use after the effective date of changes constitutes acceptance.
3. Eligibility; Account
You must be at least the age of majority in your jurisdiction and able to form a binding contract. You agree to provide accurate registration, billing, and contact information and to keep it current. You are responsible for maintaining the confidentiality of your credentials.
4. Orders; Provisioning; Trial/Beta Features
We will provision Services once payment is received. Any Trials or Beta Features are provided “AS IS” and excluded from the SLA.
5. Customer Content & Responsibilities
You retain ownership of your content. You are solely responsible for:
* Legality of your content
* Backups (see Section 9)
* Securing your applications/plugins/credentials
* Responding to abuse/security notices
* Complying with laws and our AUP
6. Support Scope
Support is provided for our infrastructure and control panels through:
* Discord tickets
* Email: [email protected]
* Client Portal
We also offer Free & paid migration and setup assistance (e.g., server moves, plugin setup). We are not responsible for data loss or corruption during these processes.
7. Pricing; Billing; Auto-Renewal
* Fees are due in advance for each term (monthly or as otherwise stated).
* All fees are non-refundable except as provided in Section 13.
* Subscriptions renew automatically unless you disable auto-renewal.
Chargebacks: If you file a chargeback, your service may be suspended. A \$35 fee will be applied in addition to your outstanding balance.
8. Late Fees
* 10% late fee applied after 2 days past due
* Additional 10% late fee applied after 5 days past due
9. Backups & Data Retention
Unless your plan explicitly includes managed backups, you are responsible for your own backups. We may delete data immediately upon cancellation or termination.
10. Security; DDoS; Resource Usage
We provide reasonable security and DDoS mitigation, but no service is 100% secure.
Excessive resource usage may result in suspension, throttling, or required upgrades.
11. IP Addresses
IP addresses remain our property. Use must comply with registry policies and our AUP. Spam/abuse of IPs is prohibited.
12. Suspension & Termination
We may suspend or terminate Services immediately for:
* Violations of these Terms or AUP
* Non-payment
* Risk to network/customers
You may cancel at any time via the client portal. Data may be deleted upon termination.
13. Refunds & Credits
* Refunds are only available for Game Servers within the first 48 hours.
* VPS and Dedicated Servers are non-refundable.
* SLA credits (see Section 15) apply only to future invoices.
14. Acceptable Use Policy (AUP)
Prohibited uses include (but are not limited to):
* Illegal activity
* Malware/ransomware
* Spam or bulk email
* DoS/DDoS attacks
* CSAM or exploitation content
* Violence/terrorism promotion
* Crypto mining, TOR exit nodes, or public proxies — allowed only on Dedicated Servers purchased with this option.
15. Service Level Agreement (SLA)
* Uptime Targets:
* 99.9% for network & power
* 99.5% for shared/game nodes
* Credits:
* 99.0–99.89% uptime → 10% credit
* 95.0–98.99% uptime → 25% credit
* Below 95% uptime → 50% credit
* Maintenance Windows: Clients are notified via email or info banner in the client portal with date/time of approved work.
16. Maintenance & Changes
We may perform scheduled or emergency maintenance. Material changes will be communicated when feasible.
17. Third-Party Services
Some Services rely on third parties (e.g., control panels, domain registrars). Their terms may apply.
18. Intellectual Property
We retain rights to all software, designs, and trademarks. You grant us permission to display your logo/name as a customer (opt-out available).
19. Privacy & Data Protection
Our Privacy Policy (linked in the client portal) governs personal data. Kansas law applies.
20. Warranties & Disclaimers
Services are provided “AS IS” with **no warranties** (including merchantability, fitness for purpose, or uninterrupted service).
21. Limitation of Liability
We are not liable for indirect damages. Our total liability is capped at the amount you paid in the **last 3 months** for the affected service.
22. Indemnification
You agree to indemnify and hold us harmless from claims arising from your content or use of the Services.
23. Copyright Policy
We respond to DMCA notices. Repeat infringers may have accounts terminated.
24. Export & Sanctions
You may not use our Services in violation of U.S. export laws or sanctions.
25. Governing Law & Venue
These Terms are governed by Kansas law. Venue is in the state and federal courts of Johnson County, Kansas.
26. Force Majeure
We are not liable for delays outside our reasonable control (natural disasters, strikes, government actions, etc.).
27. Notices
We will notify you via email, portal, or website.
Legal notices must be sent to [email protected] with subject line “LEGAL NOTICE.”
28. Assignment
You may not assign these Terms without our written consent. We may assign freely and use subprocessors to deliver services.
29. Entire Agreement
These Terms, the AUP, SLA, and your Orders make up the entire agreement. If a section is unenforceable, the rest remains in effect.
