Welcome to Hostaria, a premier game/server hosting service provider! By using our website and services, you ("User") agree to comply with the following Terms of Service ("TOS") and Fair Use Policy. The terms "we," "us," and "our" refer to Hostaria.
Hostaria provides game and server hosting services ("Services") to Users. These services include, but are not limited to, hosting game servers, offering dedicated resources, maintaining high-availability infrastructure, providing 24/7 support, and offering additional features. By using our Services, you agree to abide by the TOS and Fair Use Policy.
Hostaria encourages fair and responsible usage of our Services. The Fair Use Policy is designed to prevent abuse of resources, protect our infrastructure, maintain a high-quality experience for all Users, and uphold the integrity of our platform. Actions considered in violation of this policy may result in suspension or termination of your account. Prohibited activities include, but are not limited to:
We reserve the right to determine, at our sole discretion, what constitutes a violation of the Fair Use Policy.
Users are responsible for maintaining the security of their account login information. You are advised to use strong passwords, enable two-factor authentication, and keep them confidential. Any actions performed through your account are your responsibility, and you agree to notify us immediately of any unauthorized use of your account.
Payment for Services is due according to our billing schedule. We accept various payment methods, and all payments are non-refundable unless otherwise specified in our refund policy. Subscription renewals are charged automatically, and it's the User's responsibility to cancel before renewal if the service is no longer required.
Users are solely responsible for the content they upload or share through our Services. You agree not to upload, distribute, or share any content that violates our TOS, Fair Use Policy, or applicable laws and regulations.
Hostaria strives to maintain high uptime and availability of our Services. However, we cannot guarantee uninterrupted access and are not liable for any damages resulting from service interruptions. Users are responsible for maintaining their own backups.
All custom graphics, icons, logos, and service names used on the Website are registered trademarks, service marks, and/or artwork held under copyright of Hostaria or its affiliates. All other marks are property of their respective owners.
Under no circumstances shall Hostaria be liable for any direct, indirect, incidental, special, punitive, or consequential damages resulting from the use or inability to use our Services.
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of Indiana, USA, without giving effect to any choice or conflict of law provision or rule.
Hostaria reserves the right to modify these Terms of Service at any time. Updated versions will be posted on our website, and your continued use of our Services constitutes acceptance of the modified TOS.
Hostaria may terminate or suspend your account, at our sole discretion, without prior notice, for any violation of the TOS or Fair Use Policy.
Hostaria is committed to protecting your privacy and personal data. By using our Services, you consent to the collection, processing, and storage of your information as outlined in our Privacy Policy. We employ industry-standard security measures to safeguard your data, but you acknowledge that no method of transmission over the internet is entirely secure, and we cannot guarantee absolute protection of your data.
Hostaria may integrate with or provide access to third-party services, including but not limited to payment processors, content delivery networks, and server plugins. Your use of these third-party services is subject to their respective terms and conditions. Hostaria shall not be liable for any actions, omissions, or damages resulting from the use of third-party services.
Hostaria reserves the right to suspend or terminate any Service at any time and for any reason, including but not limited to the violation of these Terms of Service, non-payment, or abusive behavior. We will make reasonable efforts to notify you of any suspension or termination, but we are not liable for any damages or losses incurred due to the suspension or termination of Services.
You agree to indemnify and hold harmless Hostaria, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or related to your use of our Services, violation of these Terms of Service, or infringement of any third-party rights.
Any dispute or claim arising from or relating to these Terms of Service or our Services shall be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation or arbitration in accordance with the rules of a mutually agreed-upon mediation or arbitration service.
Hostaria shall not be liable for any failure or delay in the performance of our Services resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, labor disputes, or government actions.
If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. The unenforceable or invalid provision shall be replaced with a valid and enforceable provision that achieves the intended economic effect.
These Terms of Service constitute the entire agreement between you and Hostaria regarding the use of our Services and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
By initiating a transaction or making a payment for Services offered by Hostaria, you hereby acknowledge and affirm that you have read, understood, and agree to abide by our TOS. If you do not agree to these terms, you should refrain from using our Services. Failure to abide by these terms may result in suspension or termination of your account and access to our Services. Any action on your part that constitutes usage of our Services will be considered as an acceptance of our TOS.
You represent and warrant that: (a) your use of the Services will comply with these TOS, our Privacy Policy, and all applicable local, state, national, and international laws, rules, and regulations; (b) you have obtained all necessary rights, releases, and permissions to provide any data that you provide to Hostaria, and that such provision and use of the data by Hostaria (and its service providers, partners, and affiliates) will not infringe or violate any intellectual property rights or other rights of any third party; (c) the information you provide to us is accurate and truthful.
The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. Hostaria does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components, and does not warrant that any of the foregoing will be corrected. Your use of the Services is at your sole risk. Hostaria expressly disclaims all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Hostaria reserves the right to modify, supplement, or replace any provisions of these TOS at any time. It is your responsibility to check the TOS periodically for changes. Your continued use of the Services following the posting of changes to the TOS will constitute your acceptance of such changes.
For any inquiries or questions regarding these Terms of Service, you can reach out to us using the contact information provided on our discord or email at "service@hostaria.net".
Hostaria may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including breach of these TOS, failure to pay any fees or charges, or provision of false or inaccurate information. We reserve the right to decide whether a violation of these TOS has occurred.
Our Services may contain links to third-party websites or services that we do not own or control. Hostaria has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You may not assign or transfer your rights or obligations under these TOS without our prior written consent. Hostaria may freely assign or transfer its rights and obligations under these TOS without restriction.
Hostaria's failure to enforce any right or provision of these TOS will not be considered a waiver of such right or provision. If any provision of these TOS is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
Hostaria reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time for any reason without notice to you. Hostaria shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
Any feedback, comments, or suggestions you may provide regarding Hostaria or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You agree to protect the confidentiality of Hostaria's confidential information, not to disclose it to any third party without our prior written consent, and to use it solely for the purpose of using the Services as permitted under these TOS.
Nothing in these TOS creates any partnership, joint venture, employment, or agency relationship between you and Hostaria. You do not have any authority to bind Hostaria in any respect.
You will comply with all applicable laws and regulations in your use of the Services and will not use the Services for any unlawful purposes. You will not violate or attempt to violate the security of the Services.
You acknowledge that the Services may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Services, including the United States Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the United States and other governments.
These TOS are drafted in English. In the event of a conflict between the English version and any translation, the English version shall prevail.
Any provisions of these TOS which by their nature should survive termination or expiration will survive termination or expiration, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability.