Welcome to www.hostvalues.com. These Terms of Service (the "Agreement") is an agreement between HostValues,("HostValues" or "us" or "our") and you ("User" or "you" or "your" or “customer”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HostValues and of the hostvalues.com website (collectively, the "Services").
By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
HostValues reserves the right to update these terms at any time without any notice, it is your responsibility to check for any changes.
You must be at least 18 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
If you are using HostValues on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances, “you” will include your Organisation.
In order to access and use certain sections and features of the HostValues Services, you must first register and create an account with HostValues(“User Account”).
We strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the HostValues Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on your account. It is your responsibility to ensure that the contact information for your account is correct and complete at all times. If you need to verify or change your contact information, you may use the HostValues client area to update your contact information. Providing false contact information of any kind may result in the termination of your account.
In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used. Failure to provide the information requested may result in your order being denied.
HostValues offers the following services:
• Minecraft Servers
• Discord Bot Hosting
• Domain name management and hosting
ACCEPTABLE USE OF OUR SERVICES
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of HostValues, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to HostValues or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your HostValues account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your HostValues contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Our Rights. HostValues does not claim ownership of the information that you submit for your HostValues account or through our Services. You must have the necessary rights to such information that you submit for your HostValues account or through our Services and the right to grant the rights and licenses in our Terms.
HostValues’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our terms and conditions.
Your License to HostValues. In order to operate and provide our Services, you grant HostValues a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services
HostValues’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
All services above will be delivered in different subscription terms. Some of them can be ordered with a minimum of 1 month and some of them can only be ordered annually. The type of service requested will determine the subscription term. Customers are advised to review carefully the subscription terms before placing an order for a specific service.
HostValues shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or HostValues's server. The customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
We may from time to time make available payment methods to you for automatic, recurring or subscription-based charges. Where we do so, you agree that (subject to applicable laws and regulations):
such purchases or payments are generally made by you.
you authorise us to save your chosen payment method's information (e.g. credit card information) on our systems;
if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason: (a) we may not provide you with, or suspend our provision of, the relevant HostValues product or service until payment is properly processed; and (b) you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and we will provide you with further instructions within HostValues regarding how you may update or cancel the relevant payment method.
We may change any fees that we charge for HostValues(or any parts of HostValues) at any time upon publication within HostValues. If you do not accept such change to the fees, we may be unable to provide HostValues(or the relevant part of HostValues) to you.
Once configured, unless otherwise provided, you agree that until and unless you notify HostValues of your desire to cancel the services via the client area, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
HostValues reserves the right to change prices or any other charges at any time. It is your sole responsibility to periodically review billing information provided by HostValues through the client area or through other methods of communication, including any notices sent or posted by HostValues.
If for any reason an invoice is not paid, HostValues is entitled to report or request money from external debt collectors or financial institutes. In the event you would like to cancel a product, it must be done in advanced in writing.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Euros and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and HostValues is not responsible for any change in exchange rates between the time of payment and the time of refund.
If you come to the decision that you would like to cancel a dedicated order, it explicitly MUST be cancelled at least 15 days before the billing period. Failure to cancel before that date will result in an additional month of payment to be completed.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. HostValues may report any such misuse or fraudulent use, as determined in HostValues sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
If personal information on any HostValues account or service information is incorrect, or fraudulent, HostValues is entitled to the right to suspend or irreversibly terminate services of the account without any prior warning.
Our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your signup date. Transfers outside of the 30 day free period will incur a charge; please contact us on [email protected] with specific details to receive a price quote.
Using our services for providing anything illegal or using it against its intended use is not permitted. Services that appear to be abusing may be suspended or terminated without warning.
For Minecraft services, continued high resource usage, trying to access external systems without written permission, using non-Minecraft related jar files, creating botnets, hosting sites are counted as abuse. Running (distributed) denial of service software, providing illegal content or anything that is prohibited in laws, hosting copyrighted material without permission or hosting racist content, spamming any service such as email or websites will also result in the suspension or termination of service.
In the event you would like to submit an abuse report or any suspicion, you may contact HostValues through the email address, [email protected]
Services hosted on our systems or within the control of HostValues are prohibited from using illegal or ‘nulled’ content, systems, resources or websites. Failure to comply can result in immediate irreversible termination of product or services hosted from the same accounts.
HostValues has the choice regarding whether they provide support for products or services unless specified elsewhere on their official website.
If an individual or group maliciously attacks, spams or raids our system with tickets, or through Discord, we reserve the right to permanently ban them from our support services resulting in no support for the person. If we receive verbal abuse, we reserve the right to irreversibly terminate your services without warning. Verbal abuse includes but is not limited to swearing and showing continued anger towards us.
HostValues reserves the right to refuse support to any outdated product, service or version due to potential security issues or any other reason specified.
If you purchased a product/service during a promotion bundled with a free product (i.e a domain name) and you fail to renew it before the date of expiration or a change is made to the billing cycle of the product during the promotional period, the terms of the promo become void. The free product will be charged at the standard renewal rate of the current price of the product.
HostValues offers a period of up to 24 hours to request a refund on their first order with them for any reason excluding dedicated servers, installation fees, administration fees or if elsewhere mentioned.
If for any reason HostValues has identified you using your product in any way which violates this terms of service, you are not entitled to a refund.
LIMITATION OF LIABILITY
The HostValues parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the HostValues parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the HostValues parties will be limited to the fullest extent permitted by applicable law.
Any dispute or chargeback towards a payment or invoice to HostValues will result in an immediate termination of all services. This may be reversed in some cases in the resolution of the chargeback or dispute but generally is not. If there is an issue, contact us through email at [email protected]
HostValues reserves the right to suspend or terminate your account if such events were to occur.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites.
By posting or distributing User Content on or through the Services, you represent and warrant to HostValues that
you have all the necessary rights to post or distribute such User Content, and
your posting or distribution of such User Content does not infringe or violate the rights of any third party. HostValues reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers.
HostValues accepts no responsibility for, User Content or the content of any information passing through HostValues's computers, network hubs and points of presence or the Internet. HostValues does not monitor User Content. However, you acknowledge and agree that HostValues may, but is not obligated to, immediately take any corrective action in HostValues's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that HostValues shall have no liability due to any corrective action that HostValues may take.
We reserve the right to change prices listed on HostValues, and the right to change the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold HostValues harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostValues, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostValues against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostValues; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostValues's server.
You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “HostValues parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have or law of any jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. HostValues shall not be responsible for any damages your business may suffer. HostValues makes no warranties of any kind, expressed or implied for services we provide. HostValues disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostValues and its employees.
HostValues may provide customer with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work. Acceptance by a Customer of a HostValues estimate is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Customer and HostValues to the contrary.
DISCLOSURE TO LAW ENFORCEMENT
HostValues may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
AVAILABILITY OF OUR SERVICES
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
RETENTION AND BACK-UP OF YOUR CONTENT
We may make changes to these Terms (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to HostValues (for example, to address a security threat) or applicable laws and, so please come back and review these Terms regularly.
Where we consider that such changes are reasonably substantial, we will notify you via our website, direct communication to you, on this page or the relevant page for the relevant additional terms or policy, or other means), prior to such changes becoming effective. By continuing to use HostValues after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.
GOVERNING LAW AND JURISDICTION
The HostValues Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the HostValues Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the HostValues Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Netherlands, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Netherlands.
Subject to any applicable law, all disputes between you and HostValues shall only be resolved on an individual basis and you shall not have the right to bring any claim against HostValues as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
If any provision of the HostValues Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the HostValues Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
HostValues may terminate your access to the Services, in whole or in part, without notice in the event that:
you fail to pay any fees due;
you violate this Agreement;
(your conduct may harm HostValues or others or cause HostValues or others to incur liability, as determined by HostValues in our sole discretion; or
as otherwise specified in this Agreement.
In such event, HostValues shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Additionally, HostValues may charge you for all fees due for the Services for the remaining portion of the then-current term. Upon termination of the services for any reason, user content, user websites, and other data will be deleted.