Terms of Service

When using FPS.ms, there are Terms of Service associated with our services that you are obligated to follow. We assume you automatically agree to the Terms of Service when creating an account and deploying a server, knowing full well the extent of these terms. You also need to explicitly agree when topping up your balance to deploy or upgrade a Pro server.

If you do not agree with the Terms of Service, do not create an account. If you already have an existing account, please contact us for an account deletion request under GDPR. Keep in mind that your potentially remaining balance can not be refunded.

• use FPS.ms if you are under the age of 13;
• publish punishable texts and/or image or sound material, including (child) pornography, racist material and discriminatory statements;
• wrongly configure your server in such a way that it causes nuisance to the network, our monitoring and other containers and services;
• use heavy applications in such a way that they cause nuisance to the network and other containers and services;
• use automated programs to keep the game containers online while no real humans are playing on your server (e.g. afk bots)
• spread computer viruses;
• infringe copyrighted works or use nulled software (e.g. plugins or mod packs);
• commit acts that violate the Dutch and/or local law of where you are residing;
• use crypto miners;
• use the (free) containers for any other way than its intended use (e.g. running a webserver or a VM on a category specifically for Discord bots);
• ask your players for donations or offer in-game items (commercial usage) on free containers;
• violate the EULA of the game you are playing on;
• create more than 1 account on FPS.ms to circumvent the maximum amount of free containers per account;
• bundle multiple accounts and create a network of servers;
• allocate the disk space for offering photo and video sharing or streaming;
• overload the network by using more bandwidth than a container in the specified category usually does (fair-use).
  
  

• damage that arises from expected and unexpected downtime on the servers/network;
• damage that arises from data loss - we expect you to have a back-up always;
• damage and downtime that arises from potential DDoS attacks, either directed at FPS.ms or any of the containers we host on our platform;
• any other damage that arises from usage of FPS.ms.
  
  

• we do not offer any support on Always Free-plans;
• we do not offer any SLA (Service Level Agreement) and you are not entitled to any kind of compensation;
• leaving the Discord server is not allowed as it is the main form of communication and a way for us to authenticate active users and containers;
• we reserve the right to suspend your account and containers if we deem you a high risk user or an undesired userbase;
• you are always responsible for your own account and containers - only give access to people you trust and preferably do not give access at all;
• we reserve the right to deny anyone from using our services at any time for any reason we see fit to protect our business interests;
• we expect you to be able to manage, upkeep and customize your container yourself (self-sufficiency): we only provide the infrastructure;
• we expect you to have common sense: just because something is not listed in these Terms of Service, does not mean you have the go-ahead to do or abuse it;
• by using FPS.ms, you also agree to our Privacy Policy;
• disrespecting other community members, management or our team members is not allowed;
• we reserve the right to change the Terms of Service anytime, but we will do our best to inform you beforehand.
• we utilize servcies like FraudRecord and FraudLabsPro to screen new and existing orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of such violation, you may be reported to FraudRecord using one-way hashed information;
  
  

• monitors all servers on our platform and uses infrastructure and software from external suppliers to do so;
• reserves the right to investigate potential abuse, commercial activity or breaching of our Terms of Service by analyzing your files, console and/or logs, either manually or automated with utmost care and discretion;
• uses real-time container scanning with our custom in-house solution called Guardian.
  
  

• top up your FPS.ms balance and purchase or upgrade to any paid plan if you are under 18 without explicit permission from your parents or caregivers;
• chargeback your top-ups with the payment provider, bank or credit card provider - there is no money back policy: once topped up, the funds cannot be withdrawn or refunded as there's plenty of possibilities testing if FPS.ms is a fit for you through the Always Free-plans.
  
  

• we do offer support to some extent: we do not provide you with Managed Services but are happy to help you out with issues if they occur;
• paid servers are all pre-paid and not on a monthly or yearly contract basis: if your server expires, it will downgrade to an Always Free Plan, you can upgrade again any time as you wish;
• if your paid server gets downgraded, keep in mind that the renewal times apply again - you need to renew your server or upgrade your server again within 28 days to keep your data.