Terms of Services

Last Updated: Thursday 29th August 2024. Please read these terms and conditions carefully before using our service.

Introduction and Acceptance of Terms

By accessing our website, discord, utilising our hosting services, or interacting with any aspect of NodeByte Hosting, you, the user, agree to be bound by these Terms of Service ("Terms"), including policies and guidelines incorporated by reference herein. These terms form a legally binding agreement between you henceforth referred to as "user", "client", or "customer" and NodeByte Hosting, henceforth referred to as "Provider", "Company", "we", "us", or "our".

Please read these terms carefully before using our services. If you do not agree to these terms, you must cease use of our services immediately. Your continued use of our services constitutes your acceptance of these terms and any updates or modifications made to them. We reserve the right to change or modify these terms at any time without prior notice. Your continued use of our services following any such changes constitutes your acceptance of the new terms.

This agreement constitutes the entire agreement between the client and the company regarding the services provided. It supersedes all prior communication, proposals in any format between the parties namely the client and the provider. Any disputes arising from conflict originating from this agreement will be governed by and construed in accordance with the laws of the United Kingdom without giving effect to any choice or conflict of law provision or rule. If any provision of this agreement is found by a court of jurisdiction, deemed by the provider as competent, the parties nevertheless agree the other provisions of this agreement remain in full force and effect.

Disclaimer of Warranties

The services provided by us under this agreement are offered on an “as is” and “as available” basis without warranties of any kind, expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose. The company does not warrant that services will be uninterrupted, error-free, or completely secure.

Eligibility to Use

NodeByte Hosting cannot by law allow the following users and viewers to use the platform in the following events:

You are under the age of 13; without parental/legal guardian consent
Are suspended from using Services relating to NodeByte Hosting
Your details are flagged by our Anti-Fraud system as carrying high risk.
You are unable to form legally binding contracts as a result of previous events outlined or for other reasons not strictly mentioned in these terms.

Limitation of Liability

To the fullest extent permitted by applicable law, the company shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, data or other intangible losses, or resulting from the use or the ability to use the Services.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the company. The parties agree to first attempt to resolve the issue amicably through negotiation or mediation. If the dispute cannot be resolved in the manner, it shall be settled by binding arbitration administered by the Judicial Arbitration and Mediation Services, INC. (JAMS) in accordance with its applicable rules. The client shall be responsible for paying all arbitration fees.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.

Indemnification

You agree to indemnify, defend, and hold harmless the company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms or any activity related to your account (including negligent, or wrongful conduct), by you or any other person accessing the service using your account.

Description of Service

We offer a variety of Game Hosting Services & system administration tools these include but are not limited to:

Minecraft Server Hosting: Hosting of virtual worlds based on the Minecraft platform.

Acceptable Usage Policy (AUP)

This Acceptable Use Policy, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with the Company. If you engage in any of the activities prohibited by this AUP, the Company may suspend or terminate your account.

This Acceptable Use Policy (the "Policy") for the Company's Services is designed to help protect the Company, the Company's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by the Company. The Company reserves the right to modify the Policy at any time, effective upon posting at https://nodebyte.host/legal/privacy-policy

Prohibited Content and Activities

Harmful Content: Distributing viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of destructive or deceptive nature is prohibited.
Infringement of Intellectual Property: Users must not infringe on the intellectual property rights of others, including but not limited to trademarks, copyrights and patents. Please see our DMCA policy
Using Services to interfere with the use of the Company’s network by other customers or authorised users.
Using any Services as a proxy for traffic outside of NodeByte Hosting’s network, including but not limited to GRE tunnels and Bungeecord or equivalents.
Unauthorised attempts by a user to gain access to any account or computer resource not belonging to that user.
Obtaining or attempting to obtain service by any means or device with intent to avoid payment or financial commitment.
Unauthorised access, alteration, destruction or attempt thereof, of any information of any NodeByte Hosting customers or end users by any means or device.
Using services for the sending of unsolicited bulk messages over the internet.
Users may not use our services for any activities that violate any laws based on local, state, national or international jurisdictions. This includes regulations pertaining to those jurisdictions.
Users are not allowed to use Services to engage in fraudulent activities.
Usage of Services for the hosting, display or sending of Adult content including Pornography is strictly prohibited.
Usage of Services to promote or engage in Hate Speech or harassment is strictly prohibited.
Storage of files not relating to a user’s Service. This can include files like but not limited to Spreadsheets or other files which are not directly required or through any addons required for a user’s Service to function normally.

Customer Responsibility for Customer’s Users

You are responsible for the activities of Your users and, by accepting service from the Company, you agree to ensure that Your customers/representatives or end users abide by this Policy. If violations occur, the Company reserves the right to terminate services with or take action to stop the offending customer from violating the Company’s AUP as the Company deems appropriate, without notice.

Resource Usage

Users must not engage in activities that adversely affect the normal operation of our servers or other user’s experiences. This includes overuse of network resources, excessive CPU or memory usage, and any activities that may lead to server performance degradation.

Our services may be marketed as “unmetered” storage. This term is however subject to fair use. We allocate a limit of 200GB’s worth of storage initially to users. This in most cases is ample for normal operation of a typical service as outlined in 2. Description of Service. Should users reach the beforementioned limit we will contact them via their preferred contact method to inform the user of the issue, prior to any action being taken.

We will allow 3 days from the date of communication to allow for a resolution to be implemented by the user.

Users can request additional storage be allocated. This must be handled through our support system. We ask for you to provide a valid reason on why this is needed.

A maximum of 50GB’s will be allocated in addition to the 200GB’s already allocated for a maximum storage limit of 250GB. All files relating to a user’s use of their service counts towards their Storage Limit. This can include: Configuration files, World folders, and other files required for the Service to function normally.

If we discover that the Service is being used to store files which are not related to the normal operation of the Service we will inform the user to resolve this within 3 days. Should a user continue to break the limits set we reserve the right to terminate their Service without notice.

Security

Users are responsible for maintain the security of their own hosting accounts and content. This includes using strong passwords and keeping all software on their servers up to date. Unauthorised access to other accounts or networks (Hacking) is prohibited. Users must not engage in any activities that may interfere with the operation of our network or infrastructure.

Copyright Policy

Copyright Complaints & DMCA Policy We respect the intellectual property rights of others and expect our/it’s users to do the same. We will respond to notices of alleged copyright infringement in accordance with the Digital Millenium Copyright Act (“DMCA”).

DMCA Notice of Alleged Infringement (“Notice”)

To file a notice of Infringing Material, please provide a notification containing the following details:

An electronic or physical signature of the person authorised to act on behalf of the copyright’s interest.

A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work

Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

Your address, telephone number, and email address.

A statement by You that You have good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.

A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact our copyright agent via [email protected], Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including but not limited to the removal of the challenged content from the service.

DMCA Counter-Notice

Should you believe that the content that has been removed (or access disabled) is not infringing, or that you have authorisation from the copyright owner, the copyright agent or pursuant to the law, to post and use the material in your Content, you may need to respond with a counter notice providing the following information:

A Physical or Electronic signature.

Your Contact information including Name, Address, Email Address and Telephone Number.

Information sufficient to locate the infringing material.

Contact information such as an email address, home address and telephone number.

A statement of good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content.

A statement under the penalty of perjury that information provided is accurate.

Disclaimer of Affiliation

We are not affiliated, associated, authorised, endorsed by, or in any way officially connected with Mojang AB, the creator of Minecraft, or Discord Inc., or any of their subsidiaries. The websites can be located via any web browser. The Names “Minecraft” and “Discord” in addition to their related names, marks, emblems and images are registered trademarks of their respective owners.

Service Level Agreement (“SLA”)

Services and products offered by us are subject to the available of resources, personnel and technological capabilities currently present. We reserve the right to modify, suspend or discontinue any service or product without prior notice, in response to changing circumstances and business needs. Customers are encouraged to confirm the availability of specific services or products prior to making plans or decisions based on them. We shall not be held liable for any failure to fulfil our obligations under this Service Level Agreement (“SLA”), where such failures arise due to circumstances beyond our reasonable control. This includes, but is not limited to:

Acts of God; in the event downtime is suffered due to i.e. extreme weather, war, fire & floods.

Issues originating from Third-party providers.

Effects of Denial of Service attacks, viruses, hacking attempts or other issues stemming from technological affects where no commercially reasonable solution exists (Even if a workaround is possible.)

Unavailability due to DMCA or legal notice.

Unavailability due to misuse by the user.

Internet unavailability due to client issues; In the event the client’s own internet and or uptime is interrupted.

If NodeByte Hosting believes that the “SLA” claim is fraudulent.

Unavailability due to third-party outages or maintenance.

Any force majeure or other events not within our direct control or that could not have been mitigated with commercially reasonable care. In the occurrence of any such force majeure events, we commit to informing customers and to resuming service provision as swiftly as possible.

Uptime

We agree to maintain a minimum service available of 99.6% during the term of this Agreement except where outlined in 5. Service Level Agreement. Service Credit occurs after a service has been unreachable for more than 15 consecutive minutes. For each hour of consecutive downtime after the 15 minutes, the client will be credited 3% of the effected services’ monthly bill up to 100% of the value of the service for that month. For a user to receive Service Credit a support request must be created on our support system. The user must provide in this Service Credit Request, The start and end times of the incident. Any applicable supporting information and Contact information for the users authorised representative. Within this request a description of the service availability incident is required.

Fees, Payment, and Refund Policy

Please read below:

Payment Terms

Payment for services provided must be made by one of the accepted payment methods by us. You are responsible for providing valid and current payment information and for ensuring funds are available to complete the transaction. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain timeframe, with the full payment corresponding to the billing period as indicated on the invoice.

Subscription Period:

The subscription period begins upon initial purchase and activation of the Service and will continue to renew every 30 days until Cancelled by You.

Subscription Cancellations

You may cancel the renewal of your subscription at any time through the billing panel, by submitting a cancellation request. You are responsible for ensuring that any associated payment subscriptions, such as Paypal, are cancelled to avoid sending automatic payments after your Service is cancelled.

Service Fees and Notification

Fees for our Services are specified on our website are subject to change. We will provide notice of any fee changes by ensuring that our website is update with the new Service fees & through other communication means. All fees are due at the time of service selection or renewal, and are non-refundable except stated otherwise or under the 6.4 Refund Policy. In the event of a fee increase for any ongoing service usage, this will take place at the end of the then-current billing period. The company will provide You with reasonable prior notice of any change in Service fees to give You an opportunity to terminate Your subscription before such a change becomes effective. Your continued use of the Service after the Service fee change comes into effect constitutes Your agreement to pay the modified Service fee amount. We reserve the right to modify our fees and payment policies at any time.

Billing Discrepancies

You must notify us in writing if you dispute any portion of any fees paid or payable to us. The notice must be provide within fourteen-days of the billing date and must reasonably details the nature of the dispute. Failure to comply with this time frame will result in the waiver of any right to dispute the charges you have incurred.

Refunds

Refunds will not be processed for “End of Billing Period” cancellation requests. Your service will remain active until your next invoice would usually be due and you will not be charged thereafter. Unless required by law, paid Subscription fees are non-refundable, exempting Subscriptions that fall within our 72-hour policy. Refund requests will immediately terminate the service and delete all files when processed.

72 Hour Policy

You may request a refund on the basis that you have submitted an “Immediate” cancellation request and fall within 72 hours of the initial payment, and activation of your service. Refund requests should be requested via a ticket through our billing panel. These refunds are only issued on a one-time per customer basis. Additional refund requests beyond the one-time per customer basis may be refused at the discretion of the Company. Refund requests that fall outside of the 72 hours may be considered by the Company on a case-by-case basis and judged at the sold discretion of the company.

Chargebacks

Initiating a chargeback will result in the immediate termination of services and a ban from all future use and purchase of the Company’s Services.

Late Payments

Two Days following the due date of the invoice, the Company will suspend services for non-payment. After an additional five days, your service will be terminated and all files will be deleted permanently.

User Registration and Accounts

Account Eligibility - By creating an account, you represent and warrant that you are at least 18 years of age or, if you are under the age of 18, that you are at least 13 with consent from a parent or legal guardian capable of making informed decisions. We reserve the right to terminate your account and refuse any and all current or future use of our services if we determine you do not meet these eligibility requirements.

Account Creation - To access certain features of our services, you must register an account. When creating an account, you agree to provide accurate, current, and complete information as required during the registration process. You are responsible for ensuring that this information is kept up to date. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Account Termination - We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Account Usage and Responsibility - You are solely responsible for the activity that occurs on your account including 3.1.2 Customer Responsibility for Customer Users, whether authorised by you or not. You must immediately notify us of any unauthorised use of your account and or any other breaches of security. We will not be liable for loss or damage arising from your failure to comply with this section. You are responsible for keeping your account information confidential including your email, password and any other registration information used.

Contact Information

If you have any questions or concerns regarding these Terms of Service or any aspect of your service that you receive, please contact us using one of the following methods:

Email: [email protected] or [email protected]

Discord: https://discord.gg/2TgjJzrxm4

We are committed to providing the best service possible. Our response times may vary depending on the nature of your inquiry and the volume of queries we receive.

Terms of Service