Terms Of Service
Terms of Service Agreement
Our terms and conditions which all customers have to agree to are as follows:
Your use of Minecraft Server Australia’s products, services and web site is subject to the terms of this legal agreement. “Minecraft Server Australia,” “we,” and “our” mean xHost Solutions Pty Ltd. “Products,” “services” and “web site” are referred to collectively in this document as “services.” By using Minecraft Server Australia’s services you consent to be bound by this agreement as well as the Mojang EULA. 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.
Minecraft Server Australia 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 Minecraft Server Australia in exchange for our products and services
2. “Content” means information published on the Minecraft Server Australia 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. Minecraft Server Australia reserves the right to limit or prohibit any of your activities that damage the reputation of Minecraft Server Australia as it pertains to your use of our services.
Security:
1.1 You agree not to access or attempt to access any of our services by any means other than the Minecraft Server Australia interface.
1.2 You agree not to circumvent Minecraft Server Australia security features for any reason, particularly in order to access the system without incurring charges.
1.3 You agree not to engage in activities that interrupt or interfere with Minecraft Server Australia services.
1.4 You agree not to use minecraftserver.com.au in a manner that unfairly, as determined by the sole discretion of Minecraft Server Australia, encumbers any system beyond those provided to you as part of the service you purchased.
1.5 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.
1.6 You agree not to reproduce, sell, or trade Minecraft Server Australia services.
1.7 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.
1.8 You agree that you are responsible for the security of your account and that you will keep your passwords confidential.
1.9 You agree that you are responsible for all activities that occur under your account.
Privacy:
2.1 We take your privacy seriously and will take all measures to protect your personal information.
Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.
Service Availability:
3.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 1 day you will be notified of the reason.
Payment:
4.1 You agree to pay all relevant charges incurred from your use of the Services.
4.2 You authorise Minecraft Server Australia to automatically charge the amount you owe to the paypal account or credit card you provided.
4.3 You agree that Minecraft Server Australia will cancel your account if any of your payments are delinquent.
Limitations of Liability:
5.1 You expressly acknowledge and agree that to the fullest extent permitted by applicable law Minecraft Server Australia 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 Minecraft Server Australia has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
5.2 Nothing in these Terms of service shall affect the statutory rights of any consumer, exclude or restrict Minecraft Server Australia liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of Minecraft Server Australia.
Disclaimer:
You expressly acknowledge and agree that:
6.1 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 Minecraft Server Australia 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.
6.2 Minecraft Server Australia makes no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
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.
6.3 No advice or information, whether oral or written, obtained by you from Minecraft Server Australia through or from the service shall create any warranty or other obligation not expressly stated in the TOS.
6.4 You agree that Minecraft Server Australia is not responsbile for any Minecraft World loss, damage or corruption.
Cancellation:
7.1 Minecraft Server Australia reserves the right to terminate your account at any time.
7.2 You agree that in order to cancel your service you will login to the client area portal and request to cancel the service.
7.3 If you cancel your service before the end of your current paid month, your cancellation will take effect immediately or at the end of the billing period and you will not be billed again.
Refund:
8.1 You agree that you have 7 days from the date of initial purchase to claim a full refund and the 7 day guarantee if you are not satisfied with the Minecraft Server Plan.
8.2 You agree that you must provide a valid reason for requesting the refund within the 7 day period from the date of purchase.
8.3 You agree that after the first 7 day period you are not eligible to receive a refund for any server purchase or renewal.
8.4 For Dedicated Servers you agree that there are no refunds available and no 7 day guarantee.
Proprietary Rights:
9.1 You agree that you have no right to use any of Minecraft Server Australia’s logos, trade marks, or domain names.
Indemnity:
10.1 You agree to defend, hold harmless, and indemnify Minecraft Server Australia from any and all liability, claim, loss, judgment, 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.
Shipping/Delivery:
11.1 All shipping and delivery costs for physical items will be incurred by Minecraft Server Australia.
