Rapid Spawn – Terms of Service

1. Definitions

For the purposes of these Terms of Service (“Terms”):

• “Rapid Spawn,” “we,” “us,” or “our” refers to Rapid Spawn and its operators.
• “Client,” “you,” or “your” refers to any individual or legal entity that accesses or uses our Services.
• “Services” refers to all products and services offered by Rapid Spawn, whether currently offered or introduced in the future, including but not limited to game server hosting, web hosting, WordPress hosting, infrastructure services, add-ons, software, and related support.
• “Account” refers to the client account created and managed through Rapid Spawn’s billing and service management systems, including WHMCS.
• “Billing Cycle” refers to the recurring payment interval selected at the time of purchase.

2. Acceptance of Terms

By creating an Account, purchasing, accessing, or using any Rapid Spawn Service, you confirm that you have read, understood, and agree to be bound by:

• These Terms of Service
• The Acceptable Use Policy (AUP)
• The Privacy Policy
• The Service Level Agreement (SLA), where applicable

If you do not agree to these Terms, you must not use our Services.

Continued use of the Services constitutes ongoing acceptance of these Terms and any updates thereto.

3. Eligibility & Account Responsibility

3.1 Age & Authority

• You must be at least 13 years old, or the minimum digital age of consent in your country, to use our Services.
• If you are under the legal age required to enter into a binding contract in your jurisdiction, a parent or legal guardian must review and agree to these Terms on your behalf and is responsible for your use of the Services.
• If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3.2 Account Security & Responsibility

You are responsible for:

• Maintaining the confidentiality of your Account credentials
• All activity conducted under your Account, whether authorized or not
• Actions taken by users you grant access to

Providing false, misleading, or incomplete information may result in suspension or termination.

4. Services Provided

Rapid Spawn provides hosting and related Services, including but not limited to:

• Game server hosting
• Web and WordPress hosting
• Infrastructure-related services
• Optional paid add-ons and upgrades

Services are provisioned automatically through Rapid Spawn systems.

Service specifications, resource limits, availability, and performance depend on the selected plan and may vary over time.

Rapid Spawn reserves the right to modify, upgrade, suspend, or discontinue any Service offering at any time, with reasonable notice when practical.

5. Billing, Payments & Taxes

• All Services are billed in advance unless explicitly stated otherwise.
• Payments are processed through third-party payment processors.
• By purchasing a Service, you authorize Rapid Spawn to automatically charge your selected payment method on a recurring basis.
• Prices may change with notice and apply at the next renewal.
• Prices exclude applicable taxes unless otherwise stated.
• You are responsible for all applicable taxes, duties, or governmental fees.
• Failure to pay invoices by the due date may result in service suspension or termination.

6. Cancellation & Refund Policy

All cancellations and refunds are subject to this section and any applicable service-specific terms. Refunds are not guaranteed and are granted solely at Rapid Spawn’s discretion unless explicitly stated otherwise.

6.1 Service Cancellation

• Services may be cancelled at any time through the WHMCS client portal.
• Cancellation prevents future billing but does not automatically generate a refund.
• You are responsible for cancelling services prior to the next billing cycle.

6.2 Refund Eligibility

Game Server Hosting

• Refund requests must be submitted within 48 hours of the initial purchase.
• Applies to first-time purchases only.
• Services must not have been abused, suspended, or terminated.

Web & WordPress Hosting

• Refund requests must be submitted within 7 days of the initial purchase, unless otherwise stated.
• Refunds do not apply to renewals or upgrades.

6.3 Non-Refundable Items

Refunds will not be issued for:

• Renewals
• Upgrades or downgrades
• Add-ons or one-time fees
• Services terminated for AUP violations
• Client misconfiguration or user error
• Resource exhaustion caused by client usage
• Abuse, malicious activity, or DDoS-related incidents

6.4 Chargebacks & Payment Disputes

• Filing a chargeback or payment dispute results in immediate service termination.
• Any remaining service time or balance is forfeited.
• Reinstatement is at Rapid Spawn’s sole discretion and may require dispute resolution fees.

6.5 Service Credits

• Approved refunds may be issued as account credit instead of cash.
• Credits are non-transferable and have no cash value.

7. Service Suspension & Termination

7.1 Enforcement

Rapid Spawn may suspend or terminate Services immediately, with or without notice, for:

• Violations of the Acceptable Use Policy
• Non-payment or fraudulent payment activity
• Security threats, abuse, or excessive resource usage
• Legal or law enforcement requests
• Actions that place Rapid Spawn, its clients, or infrastructure at risk

Termination for cause results in no refund.

7.2 Termination at Our Discretion

Rapid Spawn reserves the right, in its sole discretion, to suspend or terminate any Account or Service at any time, with or without cause, acting in good faith and in a commercially reasonable manner. No refunds or credits will be issued in connection with such termination.

8. Acceptable Use Policy

All use of Rapid Spawn Services must comply with the Acceptable Use Policy (AUP), which is incorporated into these Terms by reference.

Rapid Spawn reserves the right to take any enforcement action it deems appropriate, including suspension or termination of Services, in response to actual or suspected violations of the AUP.

Rapid Spawn is not obligated to monitor content or activity and makes no guarantee of prior notice before enforcement action is taken.

9. Data, Backups & Client Responsibility

• Clients are solely responsible for maintaining independent backups of all data hosted on Rapid Spawn services.
• Any backup services provided by Rapid Spawn are offered strictly on a best-effort, non-guaranteed basis and are provided solely as a convenience.
• Clients acknowledge and agree that they must not rely on Rapid Spawn backup services as their primary or sole method of data protection.
• Rapid Spawn makes no guarantees regarding backup frequency, retention, completeness, integrity, or successful restoration.
• Rapid Spawn shall not be liable for data loss, corruption, or deletion except where caused by proven gross negligence.

10. Service Level Agreement

Uptime guarantees, maintenance windows, and service credits are governed exclusively by the Service Level Agreement (SLA), where applicable.

11. Disclaimer of Warranties

The Services are provided on an “as-is” and “as-available” basis.

To the maximum extent permitted by law, Rapid Spawn disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

Rapid Spawn does not guarantee that the Services will meet all performance expectations, operate without interruption, or be free from errors or delays, except as expressly stated in an applicable SLA.

12. Limitation of Liability

To the maximum extent permitted by law:

• Rapid Spawn shall not be liable for indirect, incidental, consequential, or punitive damages.
• Rapid Spawn shall not be liable for loss of profits, loss of revenue, loss of data, business interruption, or reputational harm, even if advised of the possibility of such damages.
• Total liability is limited to the amount paid by the Client for the affected Service during the preceding billing cycle.

13. Indemnification

You agree to indemnify and hold harmless Rapid Spawn from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Violations of these Terms
• Content hosted or actions taken under your Account

14. Modifications to Terms

Rapid Spawn may update these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

15. Force Majeure

Rapid Spawn shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, power failures, labor disputes, war, terrorism, civil unrest, DDoS attacks, upstream provider failures, network outages, governmental actions, or legal compliance obligations.

16. Client Content & Legal Compliance

Clients are solely responsible for all content, data, applications, and activity hosted, transmitted, or processed through the Services.

Rapid Spawn does not monitor, review, or control hosted content and assumes no responsibility for its legality, accuracy, or compliance with applicable laws.

Rapid Spawn shall not be liable for any claims, damages, penalties, or legal actions arising from content hosted under a Client’s Account.

17. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida, and you consent to the personal jurisdiction and venue of such courts.

18. Contact Information

Legal inquiries may be directed to:
support@rapidspawn.com