Terms of Service

Last updated on 28/04/2020.

1. Introduction

Deploys Ltd is a registered company in Switzerland. Registered on behalf of InterNetworks AG.

Deploys Ltd will be referred to within this document as ("Deploys") and ("Deploys Ltd").

InterNetworks AG will be referred to within this document as ("InterNetworks").

The Terms of Service are an agreement between Deploys Ltd ("Deploys", "us", "we" or "our") and you ("Customer", "user", "you", "your"). This Agreement sets forth the general terms and conditions of your use of the products and/or services made available by Deploys and it's website. By using our products or services, you agree to be bound by the Agreement, all applicable laws and regulations. If you do not agree to abide by the terms of the Agreement, you are not authorized to use or access our products and/or services.

We reserve the right to partially or totally modify any policy, section or portion of the Agreement at any time and at our sole discretion and without advance notice to you. Any changes will be effective when they are pushed to the site. Your continued use of our products and/or services following any change in the Agreement will signify that you accept such changes. If you do not agree to any changes in the Agreement, please discontinue the use of our products and/or services.

By accepting the Agreement, you are also agreeing to our Privacy Policy.

2. Your Account

1. We reserve the full right to terminate your account at any time, with or without advance notice. Your account and its products and/or services will be terminated if you violate any terms of this Agreement.

2. You must be thirteen (13) years of age or older in order to be eligible for the use or access to our products and/or services. Any registration, use of our products or access to our services, by anyone under the age of thirteen (13), is unauthorized to order or use a service of Deploys (unless permitted by a parent or guardian).

3. It is your responsibility to provide accurate, current and complete information to us. If we need to contact you, we will use the primary email address associated to your account. It is your responsibility to ensure that the contact information for your account is correct and complete at any time. Providing false information of any kind to us, may result in the termination of your account and its Products and/or Services. On certain cases you may be required to provide government issued identification and possibly a scan of the bank statement (of the credit card used) for verification purposes. Failure to provide the requested information will result in your order being cancelled.

4. We reserve the right to keep any (if not all) information provided upon Registration.

3. Services, Orders and Payments

1. We reserve the right to shut down, suspend, terminate or deny access to any product and/or service with or without reason. We are not responsible for any data loss related to the termination of products and/or services.

2. All services and/or products ordered from us will not be activated until payment has been received and verified (and not be fraudulent). In most cases, payment verification is automatic but may require manual review in rare circumstances.

3. When ordering a product and/or service from us, you are only receiving a license and/or renting the product and/or service. All services and/or products remain the property of us.

4. All services and/or products are still subjected to software limitations and physical hardware limits.

5. We reserve the right to deny and/or cancel any order with or without reason.

6. Invoices for products and/or services will be generated seven (7) days before the product and/or service due date. The client is expected to pay the invoice in full before the expected due date. Products and/or Services will be suspended two (2) days after the due date if the invoice remains unpaid, and terminated no later than seven (7) days after the invoice due date if the invoice remains unpaid. We reserve the right to terminate services and/or products and remove data associated with any service and/or product which has an overdue invoice at any time.

7. Dedicated Servers will be suspended one (1) day after the due date if the invoice remains unpaid, and terminated no later than three (3) days after the invoice due date if the invoice remains unpaid.

4. Refunds

1. We offer a 24-hour money back guarantee for new customers on our Shared Hosting Services and Minecraft Hosting Services. In order to request a refund through this policy, the customer must open a ticket within our Help Center, requesting this prior to the 48 hours of the product and/or service initial activation date. Refunds for existing customers are issued at the sole discretion of Deploys Ltd.

2. Dedicated Servers, VPS servers, Software Licenses, Managed Support Services and Supreme Support Services are not eligible for refunds after being activated and/or provided to the customer.

3. No refunds will be provided if your account is linked to a product/service, which has been terminated due to a chargeback, dispute or claim.

4. No refunds will be provided for the remainder of the billing cycle if you decide to open a cancellation request for a product and/or service.

5. No refunds will be provided if your account and its products/services are terminated due to a violation of the Terms of Service.

6. Refunds issued for billing errors are made on a per case basis and at Deploys Ltd's sole discretion.

5. Chargebacks

1. Any chargeback, dispute, or claim filed against us will result in an immediate and permanent termination of all products and services associated with the customer's account and the account itself. Despite the outcome of the chargeback, dispute or claim. Unpaid chargeback fees may be outsourced to a collection agency.

6. Cancellations

1. In order to cancel any service and/or product you must issue a cancellation request within our Help Center, via a billing ticket. Additionally, you must manually cancel any active PayPal subscriptions that were created when ordering your service/product. We do not have access to manually deduct funds from your PayPal account, and will not be held responsible for automated payments which have been automatically created via PayPal subscriptions.

2. For Dedicated Servers, we require a fourteen (14) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted within our Help Center, via a billing ticket. If the notice of cancellation is not provided within fourteen (14) days prior to the billing renewal date for the upcoming billing cycle, the server will be cancelled, however, a termination fee of €50 EUR will be applied to your account. Failure to pay the mentioned fee within a period of fourteen (14) days will result in a permanent account suspension along with any active services/products.

7. Data Loss

1. We may incorporate multiple features such as RAID and proactive disk monitoring to monitor the risk of data loss on our products and/or services. However, you are ultimately responsible for your data stored on our products and/or services. We shall not be held responsible for any data loss, regardless of the cause.

8. Our Site

1. We reserve the right to modify any of the information on the site at any time without any advance notice.

2. We are not responsible if any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information (such as a ticket in our Help Center).

9. Modifications to the products and/or services

1. We reserve the right to update the pricing and/or specifications of any product and/or service at any given time, without advance notice.

2. We reserve the right to discontinue any product and/or service at any given time, without advance notice.

3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.

10. Legal Obligations

1. Under no circumstances we claim responsibility and/or liability for what you choose to host on your products and/or services.

11. Liability

1. Under no circumstances shall we be held liable for any damages, including but not limited to downtime or data loss, incurred by the client through the use of our products and/or services. Our maximum combined liability to a client for any service shall be 100% of the product and/or service fee for that specific month.

12. (Distributed) Denial of Service Attacks

1. We may incorporate multiple protection methods against (Distributed) Denial of Service Attacks. However, we are not liable for any downtime caused by a DDoS (Distributed Denial of Service) or DoS (Denial of Service) attack. If a DDoS or DoS attack is targeted at a specific customer's product and/or service for an extended period of time and/or affects other customer's products/services, we may suspend it until resolution.

13. Support

1. Any support request must be submitted through our Help Center, via tickets. We are not required to provide technical support via email, social media, or other unofficial contact methods.

14. Minecraft Hosting Services

1. The customer is ultimately responsible for the data stored on Minecraft Hosting Databases. We do create backups, but only on a 12 Hour basis.

15. Acceptable Use Policy

1. Any attempt to undermine, cause harm, or obtain unauthorized access to a server, node, networking device or similar, which is on our network, is strictly prohibited. As our customer, you are responsible for all of your accounts and actions.

2. We reserve the right to reboot, shut down, suspend, or terminate any service found in violation of our Acceptable Use Policy.

3. We believe in second opportunities. If a procedure in case of violation is not specified on the violated policy, our standard procedure is to first shut down and/or suspend your service. Then, a ticket will be opened through our Help Center (or via email), detailing the offense and the necessary steps to resolve the situation. Once the customer replies to the ticket, acknowledging that they understand the issue and how to correct the problem, the service will be reactivated and the customer will have 24 hours to prevent any further abuse. If further violations occur, we will terminate the customer's service without a right to receive any further refunds on their account.

4. Our products and/or services must only be used for its intended purpose. Any data that constitutes as illegal or offensive material, is strictly prohibited. Examples of illegal and obscene materials may include, but are not limited to: child pornography, pirated software, fraudulent websites, threads or similar

5. The terms 'unlimited' or 'unmetered' does not truly define unlimited. Our servers reserve, split and distribute resources evenly among all clients. We reserve the right to shut down, suspend, or terminate a server found to be using an excessive amount of resources, including but not limited to: Disk Usage, Disk I/O, Memory usage or CPU usage.

6. The following general policies apply to all of our servers, including but not limited to: Shared Web Hosting Services, Minecraft Hosting Services, VPS Servers and Dedicated Servers:

  1. Unsolicited bulk email, commercial messages, ("spam") or mass messages are strictly prohibited and will lead to an account suspension.
  2. Disrupting the services or performance of any other customer or our network is strictly prohibited and will lead to an account suspension.
  3. Running DoS/DDoS/QDDoS attacks is strictly prohibited and will lead to an account suspension.
  4. Network booters, stressers or other websites that promote illegal or questionable activities are strictly prohibited and will lead to an account suspension.
  5. Spoofing our IP addresses (using OpenVPN on a VPS for example), is strictly prohibited and will lead to an account suspension.
  6. ("Botnets") are strictly prohibited and will lead to an account suspension.
  7. IP/Port scanning within our network, is strictly prohibited and will lead to an account suspension.
  8. Open proxies, VPN instances, TOR relays and TOR exit nodes are strictly prohibited and will lead to an account suspension.
  9. Violations of copyrights or trademarks are strictly prohibited and will lead to an account suspension.

7. In addition to our general policies, the following policies are specific and apply to our Shared Web Hosting Services:

  1. Daemon processes or background processes are strictly prohibited and will lead to an account suspension.
  2. Storing backups of any kind is strictly prohibited and will lead to a service suspension.
  3. Hosting ("Download Sites") that use our web hosting services to store their downloadable content, is strictly prohibited.
  4. Using pirated or ("nulled") software is strictly prohibited and will lead to an account suspension.

8. In addition to our general policies, the following policies are specific and apply to our VPS Servers:

  1. Cryptocurrency mining, distributed computing, running DoS/DDoS/QDDoS or other CPU or Network intensive tasks are strictly prohibited and will lead to an account or service suspension.

9. In addition to our general policies, the following policies are specific and apply to our Minecraft Hosting Services:

  1. We reserve the right to immediately terminate your service without right to refund if you are found to be trying to, or bypassing the assigned RAM limit of your purchased package.
  2. Plugins that allow the customer to have multiple servers on the same purchased package, including but not limited to SubServers on Spigot/Bukkit, are strictly prohibited.
  3. Plugins that allow the customer to create and store backups on the same directory as the server is placed in, are strictly prohibited.
  4. While we do not actively restrict (hard limit) the CPU usage, no Minecraft server shall exceed a full CPU core (1.0 load average) or more for an extended period of time. An extended period of time, will generally mean one (1) hour or more, but will depend upon the load average and level of impact on other customers sharing the node. Disruptive load may result in a reboot, shutdown, and/or suspension of the service. A hard limit may also be placed if abuse is detected.
  5. The ("unmetered storage") feature shall only be used to store files that are completely required for the server functioning, including but not limited to: Worlds, JAR Files, Plugins and databases. Logs or backups may be deleted without advance notice if they use a considerable amount of space and affect the other customers on the node.
  6. The ("unmetered MySQL databases") feature shall only be used to store data that is completely required for the server functioning, including but not limited to: Data from plugins and/or additional software that runs on the server.
  7. When ordering a new Minecraft Server, a hardlimit of 100000MB (100GB) will be placed to prevent abuse, this limit can be raised for free at any time by opening a support ticket within our Help Center, with a valid justification.
  8. When ordering a new Minecraft Server, a limit of 10 MySQL databases will be placed to prevent abuse, this limit can be raised at any time, for free, by opening a support ticket within our Help Center, with a valid justification.

16. Service Level Agreement

1. We anticipate that our services will be available at least 99% of any given month. In the event that services become unavailable for more than 1% of any given month, a client may request to be compensated.

2. Our SLA only covers interruptions for the following services, and only when they are directly purchased from us and not through a reseller.

  1. Discord Bot Services (publicly discontinued, available upon request).
  2. Minecraft Hosting Services.
  3. VPS Servers.
  4. Dedicated Servers.
  5. Web Hosting Services.

2. Our SLA only applies to the following types of interruptions:

  1. Network - We guarantee that our network will be available to all client accessible services at least 99% of any given month.
  2. Hardware - We guarantee that our physical hardware will be available to all client accessible services at least 99% of any given month.

3. Our SLA does not apply under the following circumstances:

  1. Planned Maintenance - We announce all planned maintenance with advance notice via email and on our status website, thus this is not covered.
  2. Software error/failures - We do not cover errors, crashes or any service interruptions caused by the Pterodactyl (Xenon) Software.
  3. Interruptions caused by the client - We do not cover issues caused by the client such as interruptions caused by installing third-party files/plugins and software or custom scripts.
  4. Third party products and/or services - We do not cover issues and/or interruptions on any third-party provided service.
  5. QDDoS, DDoS, DoS Attacks - Networking issues resulting from DDoS or DoS attacks targeted at a customers's services are not eligible under any circumstances. We may null route the service's IP address to protect its network from attacks of a large magnitude. Downtime resulting from attacks which have targeted other customers's services or our network directly, are covered by our SLA.
  6. Customer network issues - We do not cover the inability to connect to our services due to issues on the customer's network.
  7. Exceeding allocated resources - Interruptions caused due to the affected service using more resources than what the service has been assigned are not covered.
  8. Service suspension - We do not cover interruptions caused by service suspensions, violations to our terms of service and/or overdue payments.
  9. Acts of God - We do not cover interruptions caused by weather, natural disasters, power outages at the datacenter, network upstream issues or any other disaster outside of our control.

4. In the event of non-compliance, the client will be customer as per the terms below:

  1. For every hour of downtime, we will provide an extension to the affected service rounded up to the next day.
  2. Customers requesting compensation for downtime must open a ticket within our Help Center, directed to our Billing Department, within seven (7) days of the downtime incident.
  3. All SLA claims will be investigated. The outcome of such claims will be decided at our sole discretion.
  4. Any SLA claims which seem to be fraudulent will be denied.
  5. We reserve the right to deny any SLA claim if we believe that the customer has purposely or actively attempted to cause a service disruption.
  6. Our SLA is only valid and available for direct clients of our company. We are not liable for any downtime caused by a reseller.

17. Third Party Licenses and Agreements

1. When you order a product and/or service from us, you automatically accept the licenses and agreements of the softwares we use, to provide you these services. These licenses and agreements, depending of the products and services you order, include but are not limited to: The Pterodactyl End User License Agreement, the Minecraft End User License Agreement and/or the Xenon End User License Agreement.

2. Below we provide a best effort list of all the licenses and agreements you will accept when ordering our products and/or services, however, this list may not be up to date or complete at all times. It is your responsibility as the customer and end user to consult all of the license agreements before placing an order. If you are unsure or would like to get the latest and up to date list of the software we use to provide a given service, feel free to contact us.

3. Xenon End User License Agreement

  1. By using any of our services, including but not limited to Shared Web Hosting Services, Minecraft Hosting Services, VPS Servers and Dedicated Servers, you agree to the Xenon End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by Xenon Limited.

4. Pterodactyl End User License Agreement

  1. By using any of our Minecraft-related services, including but not limited to Minecraft Servers, you agree to the Pterodactyl End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by Mojang AB.
    Minecraft EULA: https://account.mojang.com/documents/minecraft_eula

5. Pterodactyl End User License Agreement

  1. By using any of our Minecraft-related services that are managed through the Pterodactyl Control Panel, including but not limited to Minecraft Servers, you agree to the Pterodactyl End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by Pterodactyl Software.

18. Digital Content

1. The following policies apply for any purchases that include digital content, downloadable or not by the customer:

  1. The customer will not receive the ownership of any purchased digital content. Only a license will be granted for the usage of such content.
  2. The granted license for the usage of such digital content may or may not have a set validity period and/or a set expiration date.
  3. Updates and/or support for any digital content will be only provided as long as the granted license is still valid and has not expired.
  4. Distributing, redistributing and/or re-selling any purchased digital content in any way is strictly prohibited and may lead to the license being revoked, account termination and/or legal actions.
  5. The misuse and/or unauthorized modification of any purchased digital content are strictly prohibited and may lead to the revocation of the granted license, account termination and/or legal actions.

This document was last updated on 28/04/2020.