TERMS OF SERVICE

Effective from and last updated since: 14 January 2020

Welcome to Minefort.com!

Thank you for visiting our website https://minefort.com. Minefort is an online platform exploited by Minefort.com B.V., a Dutch company having its principle place of business at Sloterweg 796, (1066 CN) Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 89383001 (“Minefort”). For the avoidance of doubt, whenever hereafter reference is made to Minefort, Minefort.com B.V. is included in this reference.

If you have any concern, question or complaint regarding this Agreement, you may contact us by email at info@minefort.com

Minefort is an online cloud platform for hosting Minecraft servers (the “Service”). These general terms and conditions (the “Terms of Service”) apply to all our Services and govern the use of Minefort. By using Minefort you acknowledge and accept applicability of these Terms of Service, including future modifications thereof.

Please read these Terms of Service carefully before using the Service. By using or accessing the Service, you agree to all the terms and conditions stated in these Terms of Service and a service agreement between Minefort and you as a user comes into force (the “Agreement”). If, at any time, you do not or cannot agree to these Terms of Service, you must stop accessing or using the Service.

1. Conditions relating to use of the Service
   1. In order to use our service, you must be at least 13 years of age. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use our service. Please have them read through this agreement with you.
   2. The website and all corresponding services are usually available 24 hours per day. But interruptions of this availability might occur because of planned maintenance or unforeseen events. A faultless operation of the website is technically impossible and therefore we cannot accept the responsibility for errors of any kind.
   3. We always try to ensure that all your data is saved correctly and available at any time, especially the files of the provided services. But it’s possible that there are failures while transmitting, storing, retrieving, or operating those services, which leads to a partial or full loss of data. We don’t assume any liability related to lost data or resulting damages. The user is responsible for creating backups using the tools provided by us.
   4. Furthermore, the availability of the website depends on conditions and benefits beyond our influence, e.g. a user’s internet connection. We are not responsible for disturbances caused by those conditions.
   5. The Service allows each natural person to create and operate one account. Creating and actively operating more than one account is not permitted. Exceeding the account limit will result in account termination at operator's discretion.
2. Privacy
   1. Access to most functions of the website requires the creation of a user account. For this purpose, a username and an email address must be provided.
   2. Since the email address is used for the payment process, among other things, it must be valid and functional. This is ensured by a verification email containing a link, that needs to be opened in a web browser.
   3. You are responsible for ensuring the confidentiality of your account credentials, i.e. your password, and for restricting access to your devices. To the extent permitted by applicable law, you agree that you are responsible for all activities that occur under your account.
   4. You are solely responsible for any loss of access, such as loss of password. A recovery of access through the linked email address is generally possible, but not guaranteed. In the event of a complete loss of access, we will not be able to provide a refund or give you access to any account data.
3. Intellectual Proprietary Rights
   1. All right, title, and interest in and to the Service and the website are and shall remain the exclusive property of Minefort and third-parties providing facilities and technology for its operation. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.
   2. Users shall indemnify Minefort from any claims of third parties regarding or related to intellectual property infringement by such a User.
4. Third-Party Content
   1. Our website offers the ability to install or upload content from third-parties (software, mods, plugins, add-ons, etc.). We can’t guarantee that that content is functional, updated or safe. This is especially true for uploaded content. We also can’t provide any support for third-party content.
   2. You have to ensure that the third-party content installed or uploaded by you is from trustworthy sources and that you are respecting all rights of any involved party. This explicitly includes the Minecraft / Mojang Studios End User License Agreement: https://account.mojang.com/documents/minecraft_eula
5. Acceptable Use
   1. By using the Service, you acknowledge that you must not utilize the website in any way that may cause damage, harm, or any harmful impairment to both the accessibility and availability of Minefort nor in any manner which would be considered unlawful, illicit, harmful, or fraudulent.
   2. By using the Service, you acknowledge that Minefort and it’s staff may at any time access and modify your Minecraft server, information and anything pertaining to your on-site account.
6. Modifications To The Service And Prices
   1. Prices for our products are subject to change without notice.
   2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
   3. All subscription invoices are generated 10 days before payment is due along with a 10 day grace period after the due date to request either an extension or make payment on the service. After 4 days of nonpayment from the due date, the service will be suspended with or without any notification. After 10 days of non-payment from the due date, your subscription access will be terminated and Minefort will not be held responsible for any data loss due to termination. It is user’s responsibility to keep up with payment and have knowledge of payment due dates.
   4. Minefort reserves the rights to deny or provide refunds for their services with or without reason, regardless of the "Service Payment, Refunds and Cancellation Guidelines" if the user does not follow the Acceptable Use Policy. All Minecraft servers are guaranteed a 5 DAY refund period from invoice payment. All cancellations must be given 5 days before the next billing due date.
   5. The 5 day money back guarantee (refund) will only apply for New Users/Accounts.
   6. Automatic Billing: Credit card payments will have automatic payment processing enabled by default for user convenience. Instructions on how to stop these automatic payments are found on the credit card entry box in clear view before any payment information is entered. Therefore, the Service is not liable for any automatic charges if the user does not read specified instructions on how to stop payments. Refunds for failure to cancel automatic payments can be issued as long as client contacts Minefort promptly (within 5 days of payment processing) through the correct support or billing channels after receiving payment confirmation emails, which are issued immediately after payment is automatically processed.
   7. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
   8. Chargebacks will result in subscription suspension and permanent account termination.
7. Account Sharing & Server File Backups
   1. Minefort serves an environment with the sole purpose of providing hosting services and will not be held responsible for client sharing his or her account (with admins/sub-users) or files are stored on said account. In the event where shared accounts with other users (admins/sub-users) become malicious to the user (due to conflicting interest, etc.), the Service can not be held responsible for this action.
   2. Minefort does not create backups of user files. In case of catastrophic server failure, Minefort also does not keep older backups. The user is responsible for their own data management and backups. By subscribing to our website you agree to take appropriate backups and agree Minefort cannot be held responsible for any data loss.
8. Indemnification
   1. You agree to defend, indemnify, and hold harmless Minefort, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.
9. Limitations of Liability
   1. Use of our services is at your own risk. The Service, its owners and affiliates will never be held liable for any individual’s profits / loss gained on the website.
   2. By using the Service, you acknowledge not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
   3. By using the Service, you acknowledge not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
   4. By using the Service, you acknowledge not to make, attempt or allow any unauthorized access to Minefort website, servers, your own hosting account or the account of any other users of Minefort.
   5. By using the Service, you acknowledge not to allow any remote code execution of malicious software through the hosting account provided by Minefort.
   6. By using the Service, you acknowledge not to cause denial of service attacks, distributed denial of service attacks, port scans or other endangering and invasive procedures against Minefort servers and facilities or the servers and facilities of ANY other network hosts or Internet users.
   7. By using the Service, you acknowledge not to use Minefort services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with pornography; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
   8. By using the Service, you acknowledge not to upload unacceptable material which include: Cryptocurrency Mining, IRC bots, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, file sharing, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
   9. By using the Service, you acknowledge not to engage in disrupting behavior (read; spamming, swearing, targeting specific groups or people et al.) across any of the Service operated platforms. Among others, this includes the Service's general hub and the Service's Discord server.
   10. By using the Service, you acknowledge not to “stalk” or otherwise harass another person.
   11. Minefort provides the service “as is” and “as available”. You use the Service at your own risk, and the Service may be terminated at any time by Minefort or third parties providing facilities and technology for its operation. Minefort does not encourage or promote the commercial use of the Service and is under no circumstance liable for any loss or profit as a result of your use of the Service.
10. Bans, Timeouts & Conduct
    1. Minefort reserves the right to remove any user from our website without and for any reason.
    2. We reserve the right to terminate any account that shows suspicious or fraudulent activity or any account that breaks or conflicts with the current Terms of Service.
    3. Termination appeals can be forwarded to info@minefort.com.
11. Miscellaneous
    1. This Agreement is the entire and exclusive agreement between Minefort and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Minefort and you regarding the Service.
    2. If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
    3. You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of Minefort which consent is within Minefort’s sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the parties (i.e. Minefort and an individual User) and their respective successors and assigns. Minefort shall be allowed to assign this Agreement to any third party without requiring your consent.
    4. Nothing in this Agreement shall constitute a partnership or joint venture between you and Minefort