Terms of Service

1. Agreement to Terms

By accessing or using Sable Servers Inc. ("Sable Servers," "we," "us," or "our") services, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Sable Servers Inc., a company incorporated under the laws of Nova Scotia, Canada.

If you do not agree to these Terms, you must not access or use our services. These Terms apply to all users of our services, including but not limited to virtual servers, web hosting, game server hosting, and managed services.

2. Definitions

• "Services" means all hosting services, infrastructure, support, and related offerings provided by Sable Servers.
• "Customer," "you," or "your" means the individual or entity that has entered into this agreement with Sable Servers.
• "Account" means the customer account created to access and use our Services.
• "Content" means any data, files, applications, or materials uploaded, stored, or transmitted using our Services.
• "Acceptable Use Policy" or "AUP" means our policy governing acceptable use of Services, incorporated by reference into these Terms.

3. Service Provision and Availability

3.1 Service Description

Sable Servers provides cloud infrastructure, virtual private servers, web hosting, game server hosting, and managed services as described on our website. Service specifications, features, and pricing are subject to change with reasonable notice.

3.2 Service Level Agreement (SLA)

We guarantee 99.9% network uptime for all services, excluding scheduled maintenance. SLA credits are calculated as follows:

• 99.0% - 99.9% uptime: 10% credit of monthly service fee
• 95.0% - 98.9% uptime: 25% credit of monthly service fee
• Below 95% uptime: 50% credit of monthly service fee

SLA credits must be requested within 7 days of the incident and do not apply to outages caused by customer actions, DDoS attacks, or force majeure events.

3.3 Scheduled Maintenance

We reserve the right to perform scheduled maintenance with at least 7 days' advance notice. Emergency maintenance may be performed with shorter notice when necessary to protect service integrity or security.

3.4 Service Modifications

Sable Servers reserves the right to modify, suspend, or discontinue any aspect of the Services with 30 days' notice, except where modifications are required for security, legal compliance, or emergency purposes.

4. Account Registration and Security

4.1 Account Creation

To use our Services, you must create an account by providing accurate, current, and complete information. You must be at least 18 years of age or the age of majority in your jurisdiction to create an account.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must:

• Use strong passwords and enable two-factor authentication when available
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with any third party
• Not create multiple accounts to circumvent service limitations

4.3 Account Information

You must keep your account information current and accurate. You are responsible for updating your contact information, billing details, and other account data as needed.

5. Billing and Payment

5.1 Fees and Charges

You agree to pay all fees associated with your selected Services according to the pricing in effect at the time of purchase. All prices are in Canadian Dollars (CAD) unless otherwise specified. Prices displayed in other currencies are for reference only.

5.2 Payment Terms

Services are billed in advance on a monthly or annual basis as selected. Payment is due upon receipt of invoice. We accept credit cards, Interac e-Transfer, and other payment methods as specified on our website.

5.3 Automatic Renewal

Services automatically renew at the end of each billing period unless cancelled before the renewal date. You authorize us to charge your payment method on file for renewal fees.

5.4 Late Payment and Suspension

Invoices not paid within 7 days of the due date may result in service suspension. Services suspended for non-payment may be terminated after 14 days. We reserve the right to charge interest on overdue amounts at a rate of 1.5% per month (19.56% annually) or the maximum rate permitted by law, whichever is lower.

5.5 Taxes

Fees do not include applicable federal, provincial, or local taxes (including GST/HST where applicable). You are responsible for payment of all taxes associated with your purchase, except for taxes based on Sable Servers' net income.

5.6 Price Changes

We may change our pricing with 30 days' notice to existing customers. Price changes will not affect your current billing period but will apply to subsequent renewals.

6. Refund and Cancellation Policy

6.1 Refund Policy

Refunds are provided according to the following terms:

• Web Hosting: 30-day money-back guarantee for new customers
• Virtual Servers: Pro-rated refunds for unused time (minimum 1 day)
• Game Servers: 7-day money-back guarantee or pro-rated refunds
• Managed Services: Contact us to discuss refund options

Setup fees, domain registrations, SSL certificates, dedicated IP addresses, and third-party services are non-refundable.

6.2 Cancellation Process

You may cancel Services at any time through your billing portal. Cancellations can be:

• Immediate: Service terminates immediately (may qualify for pro-rated refund)
• End of Billing Period: Service continues until the next renewal date

6.3 Data Retention After Cancellation

Following cancellation or termination, we will retain your data for 7 days to allow for data retrieval. After this period, all data will be permanently deleted and cannot be recovered. You are solely responsible for backing up your data before cancellation.

7. Acceptable Use and Prohibited Activities

Your use of our Services is subject to our Acceptable Use Policy (AUP), which is incorporated by reference into these Terms. You agree not to use our Services for:

• Any unlawful purpose or in violation of any Canadian federal, provincial, or local laws
• Transmitting, distributing, or storing illegal content including child exploitation material
• Sending unsolicited bulk email (spam) in violation of Canada's Anti-Spam Legislation (CASL)
• Distributing malware, viruses, or other harmful software
• Conducting or facilitating network attacks, including DDoS attacks
• Unauthorized access to other systems or networks (hacking)
• Cryptocurrency mining without explicit written permission
• Hosting phishing sites or engaging in fraudulent activities
• Violating intellectual property rights of others
• Reselling Services without a formal reseller agreement

Violation of the AUP may result in immediate service suspension or termination without refund.

8. Privacy and Data Protection

8.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy and applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

8.2 Data Location

All services and data are hosted within Canada. Your data will not be transferred outside of Canadian jurisdiction without your explicit consent or as required by law.

8.3 Data Security

We implement industry-standard security measures to protect your data. However, you acknowledge that no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

8.4 Your Data Rights

You retain all rights, title, and interest in your Content. We do not claim ownership of your data. You are solely responsible for backing up your data and maintaining copies outside our infrastructure.

9. Intellectual Property

9.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to software, text, graphics, logos, and trademarks, are owned by Sable Servers Inc. and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your internal business or personal purposes in accordance with these Terms.

9.3 Your Content

You retain ownership of all Content you upload or store on our Services. By using our Services, you grant us a limited license to host, store, and transmit your Content solely to provide the Services.

9.4 DMCA and Copyright Complaints

We respect intellectual property rights and respond to valid copyright complaints. If you believe your copyrighted work has been infringed, contact us at hello@sableservers.com with detailed information about the alleged infringement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• SABLE SERVERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.
• WE ARE NOT LIABLE FOR ANY DAMAGES CAUSED BY YOUR FAILURE TO BACKUP DATA, INSECURE PASSWORDS, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT.
• WE ARE NOT LIABLE FOR SERVICE INTERRUPTIONS CAUSED BY THIRD PARTIES, FORCE MAJEURE EVENTS, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sable Servers Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms or the AUP
• Your violation of any rights of another party, including intellectual property rights
• Your Content or any data you upload, transmit, or store using our Services
• Your violation of any applicable laws or regulations

12. Disclaimer of Warranties

THE SERVICES ARE 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
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT

WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED. YOU ASSUME ALL RISK FOR USE OF THE SERVICES.

13. Termination

13.1 Termination by Customer

You may terminate these Terms by cancelling your Services through the billing portal or by contacting support.

13.2 Termination by Sable Servers

We may suspend or terminate your Services immediately without notice if:

• You violate these Terms or the AUP
• Your account is 14+ days past due
• Your use of Services poses a security risk or liability
• We are required to do so by law or legal process
• You engage in fraudulent or illegal activities

13.3 Effect of Termination

Upon termination:

• Your access to Services will be immediately revoked
• You remain liable for all outstanding fees and charges
• Sections of these Terms that by their nature should survive termination will survive
• Your data will be retained for 7 days before permanent deletion

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Nova Scotia, Canada. You irrevocably consent to the jurisdiction and venue of such courts.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a legal claim, you agree to attempt to resolve disputes informally by contacting us at hello@sableservers.com. We will attempt to resolve disputes within 30 days.

15.2 Arbitration (Optional)

If informal resolution fails, either party may elect to resolve disputes through binding arbitration in accordance with the Arbitration Act of Nova Scotia, conducted in English in Nova Scotia, Canada.

15.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

16. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets with notice to you.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable and valid, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Acceptable Use Policy and Privacy Policy, constitute the entire agreement between you and Sable Servers regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

20. Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to your registered email address at least 30 days before taking effect. Continued use of Services after changes take effect constitutes acceptance of the modified Terms.

It is your responsibility to review these Terms periodically. The current version will always be available on our website with the "Last Updated" date.

21. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Sable Servers.

22. Contact Information

For questions about these Terms of Service, please contact us: