Terms of Service

Streamers Host Game Server Hosting Terms of Service

1. Introduction

Welcome to Streamers Host! By accessing and using our game server hosting services ("Services"), you agree to comply with and be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, you must not use our Services. The Terms of Service may also be referenced by the abbreviation (ToS).

§

2. Definitions

- **"Company," "we," "us," "our"**: Refers to Streamers Host.

- **"Client," "you," "your"**: Refers to the individual or entity using our Services.

- **"Services"**: Refers to game server hosting services provided by Streamers Host.

§

3. Service Use

3.1 Eligibility

To use our Services, you must be at least 13 years old with a parent or legal guardian's permission and authorization or 18 years old and capable of forming a legally binding contract under applicable law. By agreeing to these Terms, you represent and warrant that you meet these requirements.

3.2 Account Registration

Clients must provide accurate, complete, and current information during registration and update this information to keep it accurate, complete, and current. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.

3.3 Service Availability

We strive to provide continuous availability of our Services. However, we do not guarantee uninterrupted service and reserve the right to modify, suspend, or discontinue the Services at any time without notice. We are not liable for any interruption in the Services, whether due to maintenance, technical issues, or any other reason.

3.4 Service Level Agreement (SLA)

We offer an SLA guaranteeing a minimum uptime of 99.9% per month. If we fail to meet this uptime, Clients are eligible for a service credit as detailed in our SLA policy, available on our website. This Service Level Agreement is not limited to this document. Please see our entire Service Level Agreement to learn the full terms and conditions needed to legally and lawfully purchase our Services.

§

4. User Conduct

The User warrants that in its use of the Website and Services, They shall:

1. Not, beyond normal use, act in any manner that negatively impacts the equipment or network of Streamers Host or is likely to lower Streamers Host's quality or brand image in the larger Internet community.

2. Use the Website only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use of the Website or Services of the Company by any third party.

3. Not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person.

4. Not upload, post, transmit, or distribute any material or information in which the User does not own or has a license to the intellectual property rights or any material which is in any way unlawful, or which is potentially harmful, threatening, abusive, libelous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable.

5. Not upload, post, transmit, or distribute any material or information that contains a computer virus, or other code, files, or programs intended or having the effect to disrupt, crash, or otherwise adversely affect the operation of the Website, Game Servers, Services, or other Users' computer systems.

6. Be aware that in using Streamers Host, Users may travel over other networks or be involved in the use of other services. Users understand that they will be bound by the Terms and Conditions imposed by the operators of these networks and services.

4.1 Legal Game Ownership

Each User is required to own a licensed copy of any and all software used in the server hosting that we run on his or her behalf including, but not limited to, game clients, game servers, voice clients, voice servers, FTP clients, etc.

4.2 Anti-Cheat Policy

When playing on Streamers Host's public Game Servers, players who are suspected of cheating or hacking may be banned from all Streamers Host servers (both customer servers and Streamers Host's own maintained game servers), and may have their handles, unique player IDs, IP addresses, and any other collected information made public and/or sent to community blacklists.

Streamers Host's customers' communities each have their own set of rules usually posted on their sites or forums. Users are expected to learn them and abide by them.

4.3 International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

§

5. Payment and Billing

5.1 Fees

Clients agree to pay all fees associated with the Services in accordance with our pricing schedule, available on our website. All payments are non-refundable except as expressly stated in the ToS or in our Refund Policy Agreement (RPA). See said RPA for more information.

5.2 Payment Methods

We accept various payment methods, including credit/debit cards through Stripe and PayPal. Clients must provide valid payment information and authorize us to charge the payment method for all fees incurred.

5.3 Billing Cycle

Clients will be billed on a monthly or annual basis, depending on the chosen subscription plan. Payment is due at the beginning of each billing cycle. Failure to pay may result in suspension or termination of Services.

5.4 Late Payments

If the Customer fails to pay any fees owed after 60 days of the invoice date, then late charges of one and one-half (1.5%) per month or the maximum allowable under applicable law shall also become payable by the Customer to Streamers Host. In the event of collection enforcement, the Customer shall be liable for any costs associated with such collection, including without limitation, legal costs, attorneys' fees, court costs, and collection agency fees. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

§

6. Termination

6.1 Termination by Client

Clients may terminate their accounts at any time by providing written notice to us. Termination will be effective at the end of the current billing cycle. Clients will not receive a refund for any prepaid fees.

6.2 Termination by Company

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms or if we are required to do so by law.

6.3 Effects of Termination

Upon termination, your right to use the Services will immediately cease. All data associated with your account will be deleted after a 30-day grace period. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6.4 Indemnification

Customer agrees to indemnify, defend, and hold harmless Streamers Host, its directors, officers, employees, and agents, and defend any action brought against the same with respect to any claim, demand, cause of action, debt, or liability, including without limitation, reasonable attorneys' fees, to the extent that such action is based upon a claim that:

(i) if true, would constitute a breach of any of Customer's representations, warranties, or agreements here under.

(ii) arises out of the gross negligence or willful misconduct of Customer's; or

(iii) any of the Customer's Content to be provided by Customer hereunder or other material on the Websites or Game Servers infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.

6.5 Indemnification cont.

You agree to indemnify, defend and hold Streamers Host harmless from and against all damages, losses, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of any kind (including attorneys’ fees and costs incurred for or on behalf of Streamers Host) arising out of or related to (i) your breach of any of the Terms; (ii) any content you post or otherwise contribute; (iii) any activity in which you engage on or through the Account and/or the Server Services; (iv) any infections of Streamers Hosts’ hardware or software with a “drop dead device”, “time bomb”, “trojan horse”, “virus”, “worm”, “spyware” or “adware” (as such terms are commonly understood in the software industry) resulting from your use or engagement on or through the Server Services and (v) your violation of any law or the rights of a third party. This Indemnification Policy is not limited to this document. Please see our full Indemnification Policy to learn the full terms and conditions needed to legally and lawfully purchase our Services.

6.6 Effect of Failure to Comply

Failure to comply with any Terms and Conditions may result in, but is not limited to:

1. A formal warning.

2. Suspension or removal of one or all of a Customer's Services.

3. Additional charges to a Customer's account and/or early termination of the Customer's server.

4. Termination of a Customer's Services of Streamers Host.

5. A kick or ban of User, User's Clanmates, and User's Admins from Streamers Host's own maintained hosted game servers (the length of the ban to be determined by the Administrator).

6. A Streamers Host network-wide ban of User, User's Clanmates, and User's Admins from all Streamers Host hosted servers, handles, game ids (SteamIDs, etc.), personal IP addresses, and any other collected data of User, User's Clanmates, and User's Admins may be made public and/or added to community blacklist(s).

Any decision made by Streamers Host with regard to a User's failure to comply will be final and all cases will be considered individually upon their merits.

§

7. Intellectual Property

7.1 Ownership

All intellectual property rights in the Services, including but not limited to software, content, and trademarks, are owned by Streamers Host or our licensors. You may not use, reproduce, modify, or distribute any of our intellectual property without our prior written consent.

7.2 License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your personal or internal business purposes, in accordance with these Terms. This license does not grant you any ownership rights in the Services.

7.3 User Content

You retain all rights to any content you upload, create, or store using the Services ("User Content"). By submitting User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, modify, display, and perform the User Content in connection with providing the Services.

7.4 Copyright and Other Intellectual Property Rights

The User acknowledges that all copyright, trademarks (registered or unregistered), know-how, design rights (registered or unregistered), and all other intellectual property rights in the Material, the Website, and the Services shall belong to Streamers Host and the User undertakes not to infringe any of the said rights. Other than to the extent required to access and view the Website, or for approved affiliates of Streamers Host, no copying, distribution, or modification of the Website or any Material is permitted. Resale or supply of any Material is expressly prohibited.

The User acknowledges that certain Material is supplied under license and that the intellectual property rights in such Material are owned by the licensor. Neither Streamers Host nor the licensor will be responsible for any errors or corruption in the Material provided.

§

8. Privacy and Data Protection

8.1 Data Collection

We collect and process personal data that you provide to us when you register for our services, use our services, or communicate with us. The types of personal data we may collect include, but are not limited to:

- Contact information (e.g., name, email address, phone number)

- Payment information (e.g., credit card details)

- Account information (e.g., username, password)

- Usage data (e.g., IP address, browser type, operating system, date and time of access, pages visited)

8.2 Use of Data

We use your data to:

- Provide, operate, and maintain our services

- Process transactions and manage payments

- Communicate with you, including responding to your inquiries and sending you service-related notices

- Improve our services, develop new features, and personalize your experience

- Ensure compliance with our Terms of Service and applicable laws

8.3 Data Storage and Security

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing your personal data. These measures include:

- Encryption of sensitive data

- Regular security audits and vulnerability assessments

- Access controls to restrict access to personal data to authorized personnel only

- Secure data storage facilities

8.4 Data Sharing and Disclosure

We do not share your personal data with third parties except in the following circumstances:

- With your consent

- To comply with legal obligations or respond to lawful requests by public authorities

- To protect our rights, property, or safety, or the rights, property, or safety of our users or the public

- With service providers who perform services on our behalf and under our instructions, subject to confidentiality agreements

8.5 Data Retention

We retain your personal data for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. When your personal data is no longer required, we will securely delete or anonymize it.

8.6 Your Rights

You have the following rights regarding your personal data:

- **Access**: You have the right to request access to your personal data that we hold.

- **Rectification**: You have the right to request correction of inaccurate or incomplete personal data.

- **Erasure**: You have the right to request deletion of your personal data under certain circumstances.

- **Restriction**: You have the right to request restriction of processing of your personal data under certain circumstances.

- **Data Portability**: You have the right to request a copy of your personal data in a structured, commonly used, and machine-readable format.

- **Objection**: You have the right to object to the processing of your personal data under certain circumstances.

- **Withdraw Consent**: If we are processing your personal data based on your consent, you have the right to withdraw your consent at any time.

To exercise any of these rights, please contact us at [streamershost@gmail.com].

8.7 International Data Transfers

If we transfer your personal data outside the European Economic Area (EEA) or other regions with comprehensive data protection laws, we will ensure that appropriate safeguards are in place to protect your personal data, such as standard contractual clauses or other lawful mechanisms.

8.8 Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any significant changes by posting the updated policy on our website and indicating the date of the last revision.

Please see our Full Privacy Policy for more information.

§

9. Cancellation Policy

9.1 Cancellation by Client

You may cancel at any time. All customers are on a subscription basis and the subscription will renew until the customer cancels. Service will continue until payments already received have been exhausted. There will be no refunds (pro-rata or in full) after the account deletion email has been sent. The user's services will be terminated after the account has been canceled and any pre-payments have been exhausted.

To cancel your account, you must log in to your customer area, go to your services, and submit a cancellation request. For security reasons, this is the only accepted method of cancellation. If you have a PayPal subscription, you must cancel your PayPal subscription directly through PayPal. You can do this by logging into your PayPal account, clicking your Streamers Host subscription, and then clicking cancel subscription. Failure to cancel your PayPal subscription may result in PayPal automatically taking payment from your account.

9.2 Cancellation by Company

We may terminate your account for any reason, including but not limited to breach of these Terms or inactivity. Upon termination, you will lose access to your account and any data associated with it.

§

10. Limitation of Liability

10.1 No Liability for Consequential Damages

IN NO EVENT WILL Streamers Host BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA, OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NONPERFORMANCE, NEGLIGENCE, TERMINATION, BREACH, OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF CLIENT ADVISES Streamers Host OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE Streamers Host FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF Streamers Hosts’ GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

§

11. Acceptable Use Policy (AUP)

11.1 The Client agrees to comply with our full Acceptable Use Policy which includes prohibited activities such as harassment, impersonation, fraud, network disruptions, and more.

11.2 The Client shall have various responsibilities such as maintaining their account security, following all guidelines, reporting incidents, and more.

11.3 The Client agrees to the enforcement of the AUP through measures such as warnings, account suspensions or termination of services, removal of prohibited content, or legal action.

Please see our full Acceptable Use Policy for more information.

§

12. Legal Authority

You must have parental consent or be an adult of at least 18 years of age to register as an Account holder or have the legal capacity to contract; and by accepting these TOS as an Account holder, you confirm that you are an adult of at least 18 years of age or have the legal capacity to contract in your jurisdiction.

§

13. Rules Relating to Communication

Users shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive, or otherwise objectionable material. This includes (but is not limited to) text, graphics, video, programs, audio material or programs of any kind. Streamers Host accepts no responsibility for the content of any postings by Users and retains the right to remove any posting which, in its opinion, is in breach of these Terms and Conditions.

§

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify Clients of any changes by posting the new Terms on our website. Changes will be effective immediately upon posting. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

§

15. Governing Law

These Terms shall be governed by and construed following the laws of [The United States of America], without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [The United States of America], and the parties hereby consent to the personal jurisdiction and venue therein.

§

16. Contact Information

If you have any questions about these Terms, please contact us at:

Streamers Host

streamershost@gmail.com

716-392-0965

These Terms were last updated on 10/17/2024.

---

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.