Terms Of Service

Please read the following carefully as it is legally binding.

Your use of NekoHosting's products, services and web site is subject to the terms of this legal agreement. "NekoHosting," "we," and "our" mean NekoHosting, . "Products," "services" and "web site" are referred to collectively in this document as "services." By using NekoHosting's services you consent to be bound by this agreement. You may not use our services if you are not of legal age to form a binding contract or if you are barred for any reason from receiving our services under the law. NekoHosting reserves the right to revise or amend any portion of this agreement at any time and at its sole discretion and without advance notice to you. Any changes will be effective when they are posted to the site. Your continued use of our services following any change in terms of service will signify that you accept such changes. If you do not agree to any changes in the Terms of Service Agreement, Please discontinue use of our services. Violation of the Terms of Service is grounds for cancellation of service without refund and possible civil or criminal prosecution.

Definitions

1. "Charges" means the applicable fees payable by you to NekoHosting in exchange for our products and services.
2. "Content" means information published on the NekoHosting website or transmitted by us as part of the services we provide.

Interpretation

The provisions of the Terms of Service Agreement are in no way exhaustive. Any conduct that violates laws, regulations, or the norms of internet use is prohibited. NekoHosting reserves the right to limit or prohibit any of your activities that damage the reputation of NekoHosting as it pertains to your use of our services.

Security

1. You agree not to access or attempt to access any of our services by any means other than the NekoHosting interface.
2. You agree not to circumvent NekoHosting security features for any reason, particularly in order to access the system without incurring charges.
3. You agree not to engage in activities that interrupt or interfere with NekoHosting services.
4. You agree not to use nekohosting.gg in a manner that unfairly, as determined by the sole discretion of NekoHosting, encumbers any system beyond those provided to you as part of the service you purchased.
5. You agree not to perform any network-based attack on any network, host, or server, including but not limited to "denial of service" attacks or attempting to crash the server.
6. You agree not to reproduce, sell, or trade NekoHosting services.
7. You agree that your account is your sole responsibility and that you will accept the consequences of any breach of your obligations under the Terms of Service agreement.
8. You agree that you are responsible for the security of your account and that you will keep your passwords confidential.
9. You agree that you are responsible for all activities that occur under your account.

Payments

1. No contract or forced subscription is required with any of our services.
2. Servers can be cancelled by the customer at any time, however no refunds will be given for the remainder of the billing cycle.
3. Charges are made automatically on the due date if paid directly using a the following gateways: (Stripe Subscription or PayPal Subscription). One Time Payments are not automatic and must be paid manually for every billing period i.e. monthly/quarterly/semi-annually/annually.
4. For all services, apart from dedicated servers, the following procedure will be enforced:
   1. An invoice will be generated 7 days prior to due date.
   2. If unpaid, invoice will be marked overdue at 11AM MST the day after the due date. At this point, the first overdue notice will be sent out via email.
   3. 48 hours after being overdue, affected services will be suspended. At this point, the second overdue notice will be sent out via email.
   4. 72 hours after being overdue, the third overdue notice will be sent out via email.
   5. 7 Days after being overdue, the affected services will be terminated and files removed.
5. Reinstatement
   1. Depending on the case, shared Minecraft, Sons of the Forest, etc. can be reinstated 6 days after termination if the data is recoverable from our cold backups.

Limitations of Liability

You expressly acknowledge and agree that to the fullest extent permitted by applicable law NekoHosting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NekoHosting has been advised of the possibility of such damages), resulting from:

1. the use or the inability to use the service.
2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
3. unauthorized access to or alteration of your transmissions or data.
4. statements or conduct of any third party on the service.
5. any other matter relating to the service.

Nothing in these TOS shall affect the statutory rights of any consumer, exclude or restrict NekoHosting liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of NekoHosting.

Disclaimer

You expressly acknowledge and agree that:

1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law NekoHosting disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
2. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
3. No advice or information, whether oral or written, obtained by you from NekoHosting through or from the service shall create any warranty or other obligation not expressly stated in the TOS.

NekoHosting makes no warranty or representation that:

1. the service will meet your requirements.
2. the service will be uninterrupted, timely, secure, or error-free.
3. the results that may be obtained from the use of the service will be accurate or reliable.
4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
5. any errors in the software will be corrected.

Proprietary Rights

You agree that you have no right to use any of NekoHosting's logos, trade marks, or domain names.

Basic Support

Minecraft Servers

Support for Minecraft Services

• All Minecraft services that we provide are unmanaged. We do not offer plugin or mod installation for servers unless requested via ticket support.
  
• RAM is restricted based on plan ordered. Your server will be allocated with the full amount you purchased (You also get some SWAP Memory Just Incase).  Any memory used for additional java flags (Such as PermGen/Aikar's Flags) will use this allocated memory therefore actual memory in game may not show the full amount that your server is allocated.
• Slots on our Minecraft Servers are unrestricted. (Why companies restrict slots? We will never know!)
  
• Unlimited slots on servers means you can set your server to any slot number you want, this does not mean your server will be able to handle unlimited players. The amount of players your server can handle depends on the RAM you have and plugins/mods/settings on your server.
• CPU intensive servers may be suspended without warning to prevent causing any issues to other clients. You will be notified of this and will give you as much advice possible to get your server using a reasonable amount of CPU resources. We also suspend or terminate the service if caught using "non-gaming" like (Bitcoin Mining, Malware, Hacking, etc.)
  
• Disk Space for Budget and Premium servers is limited is 50/100, This is fair enough as we based on fair-usage for the node you are on. (Please note if you need a huge world that really needs more than 100GB of storage you may always contact us via ticket support to discuss on it.)
  
• Please note that we do not allow the use of any automated backup plugins on Minecraft servers, as these plugins cause massive disk usage which can result in negatively affecting other customers' services.
• If you are found to be using a script that increases the RAM allocation of your server to more than purchased your server will be terminated without refund.
• Plugins that allow multiple servers to be run on the same package are not allowed. Examples of this are the subservers spigot/bukkit plugin.

Support for Other Game Services

• All Game Related Services that we provide are unmanaged. We do not offer plugin or mod installation for servers, period.
  
• RAM is restricted based on plan ordered. Your server will be allocated with the full amount you purchased (You also get some SWAP Memory Just Incase).
  
• Slots on our All Game Servers are unrestricted and only limited to what the games support. (Example Sons of The Forest has a limit of 8, Terraria has a limit of 255)
  
• Unlimited slots on these game servers means you can set your server to any slot number you want, this does not mean your server will be able to handle unlimited players. The amount of players your server can handle depends on the RAM you have and plugins/mods/settings on your server.
• CPU intensive servers may be suspended without warning to prevent causing any issues to other clients. You will be notified of this and will give you as much advice possible to get your server using a reasonable amount of CPU resources. We also suspend or terminate the service if caught using "non-gaming" like (Bitcoin Mining, Malware, Hacking, etc.)
  
• Disk Space for servers are caculated of how big a world can be AND how big does Steam need for files also plus some more for Steam Workshop or Mods etc., This is fair enough since most game servers listed do not have "infinite worlds" (if they do then the storage will be mostly copied via Minecraft Template).
  
• If you are found to be using a script that increases the RAM allocation of your server to more than purchased your server will be terminated without refund.
• Plugins/Mods that allow multiple servers to be run on the same package are not allowed unless built into the game itself.
  

Storage

• You agree to stay within the storage limit that is related to your package. If you go over this limit, you will be warned, if no response is made, we may be forced to delete optional data to avoid the overage affecting other users. Your storage allowance is only to be used for your Game Server, any unrelated items that are stored on your server may be deleted.

Denial of Service Attacks

NekoHosting reserves the right to disable and terminate your server if your server is regularly attacked with denial of service attacks which disrupt other users.

Indemnity

You agree to defend, hold harmless, and indemnify NekoHosting from any and all liability, claim, loss, judgement, damage, cost or expense (including, without limitation, reasonable legal fees) arising out of your breach or violation of any covenant contained in this policy, or resulting from your use of the Services.

Support

• We aim to provide an average response time of 30-90 minutes, some responses may take longer however depending on the complexity of the request or when it was submitted via time zones.
  
• Spamming the ticket system will create a further delay in response, if this is continued, you may be banned from the support ticket system and thus will not be able to get support for your services.
• We reserve the right to not respond due to abusive comments (i.e. Swearing and causing other issues) If this is continued, your services may be terminated without refund.

Abuse

• Services that are found by staff for any reason or to be abusing services may be suspended or terminated without any prior notification.
• Services may be suspended for any but not limited to the following reasons:

    Minecraft servers

• Excessively high CPU usage
• Cryptocurrency Mining
• Attempting to gain unauthorized access to other systems
• Use of plugins that disrupt services such as botnets, etc.
• Using a non-minecraft oriented jar file

Cancellations, Refunds, Chargebacks and the 3 day Money-Back Guarantee

• All Minecraft & Game Servers have a 3 (three) day money-back guarantee from the initial server setup date.
• After the 3 (three) day period of the server setup date, the service is no longer eligible for a refund.
  • Any eligible refunds must be requested via a support ticket
  • If you are able to submit a ticket in the three day period you will be hold on the 3 day Money-Back Guarantee since you did make a ticket in the time period.
  • However opening the ticket and say nothing about it will lost the hold on the 3 day Money-Back Guarantee since you never asked/mentioned it.
    
• Refunds on automated renewal payments will only be issued when requested by the client. If requested within 1 (one) day of the automatic renewal payment, 100% of the renewal amount will be refunded. If requested within 3 (three) days of the automated renewal payment, 50% of the amount will be refunded. If requested 3 (three) days after the automatic renewal payment, no refund will be issued.
• Refunds on automated renewal payments do not apply to non-refundable services such as addons and future cases.
• Refunds are only offered to new clients. Any clients who have purchased a service previously are not eligible for the 3-day money-back guarantee.
• A chargeback or dispute of any payment will result in the immediate suspension of all services you own until the resolution of the dispute or chargeback.
• If a chargeback is ruled in favor of the customer, and we believe that the chargeback was fraudulent, you will be referred to a credit collections agency.
• NekoHosting reserves the right to terminate your account at any time. Any fees that have been paid in advance of cancellation will be refunded to you if NekoHosting initiates the cancellation based on their discretion.

Backups

• NekoHosting provides users to able to Schedule their own Backups via Game Panel.
• Backups are held on different storage drive BUT is accessible by the customer in READ-ONLY mode. (Meaning you can only download the backups you made via the
  
• If backups are not available due to an error, NekoHosting is not responsible for the loss of your file(s), content, worlds etc.
• NekoHosting does a Monthly Backup of all Containers/Client Servers just in case of a major failure on hardware or software.
  The only way to get a copy of these is by requesting the following:
  
• Request a Download link - The backup is tar.gz (compressed), Uploaded for you to download/access with Password.
  We also will encrypted the compress files that does require another password/key to unlock the files for security reasons.
  
• Restored the Server - The backup can be restored to the customers server if requested, all existing files will be overwritten unless otherwise stated. So make sure you have a copy before we overwrite anything important.
  

Backups ignore the following files:

• Dynmap
• mcmmo_data
• .tar
• .sql
• .zip files in the root directory
• server.jar
• cache/*
• libraries/*
• logs/*
• versions/*
  

Affiliate Program

• Activating your affiliate account and sharing your affiliate link requires you to have a clear and conspicuous disclosure of your relationship with NekoHosting. To learn more information on FTC's disclosure requirements, please click here.
• Withdrawals from the affiliate program can only be done via credits made to your NekoHosting account.
• External withdrawals such as via PayPal are not permitted unless we explicitly allow it for your account.
• Advertising your affiliate link is only permitted on websites that require registration and clearly state who posted the affiliate link. (X (Formerly known as Twitter), TikTok, YouTube, Instagram, Facebook, forums, blogs, etc)
• Any promotional website that provides reviews, coupons, discounts are strictly prohibited.
• When posting your affiliate link, it must be fully visible and you may NOT use any redirects or URL shortening services to mask your affiliate link.
• At any point, your account can be investigated that all of the affiliate program terms are followed. Failure to follow any of these terms may result in an inability to withdraw your affiliate account balance, affiliate account balance nullification and or account closure.

Minecraft End User License Agreement

By using any NekoHosting Minecraft-related service, including but not limited to NekoHosting Minecraft server hosting and NekoHosting "Budget" Minecraft server, hosting, you agree to the Minecraft End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by Mojang AB, in addition to but not in place of NekoHosting Terms of Service.

Minecraft EULA: https://account.mojang.com/documents/minecraft_eula