5ive.host Terms of Service

1. Introduction and Definitions

1.1 These Terms of Service ("Terms") constitute a legally binding agreement between 5ive.host ("we," "us," "our," or "Provider") and you ("you," "your," or "Customer") regarding the use of our game server hosting services ("Services").

1.2 By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1.3 Definitions:
a) "Account" means the account created by the Customer to access and use the Services.
b) "Content" means any data, information, software, or material uploaded, stored, or transmitted using our Services.
c) "Game Server" means the virtual game server provided to the Customer as part of the Services.

2. Service Description

2.1 5ive.host provides game server hosting services, including but not limited to:
a) Game server hosting for specific titles
b) Related infrastructure and support services

2.2 The specific features, specifications, and limitations of each Service package are detailed on our website or in separate service agreements.

3. Account Registration and Security

3.1 To use our Services, you must create an Account by providing accurate and complete information.

3.2 You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

3.3 You must immediately notify us of any unauthorized use of your Account or any other breach of security.

3.4 We reserve the right to suspend or terminate Accounts that violate these Terms or are inactive for an extended period.

4. Customer Obligations and Conduct

4.1 You agree to use the Services in compliance with all applicable laws, regulations, and these Terms.

4.2 You are solely responsible for:
a) The operation and maintenance of your game server and its Content.
b) The accuracy, appropriateness, and legality of your Content.
c) Obtaining all necessary rights, permissions, and consents to use, transmit, and display your Content.

4.3 Prohibited Uses: You may not use the Services to:
a) Violate any applicable laws or regulations.
b) Infringe upon intellectual property rights of any party.
c) Transmit any material that is defamatory, obscene, or offensive.
d) Distribute malware, viruses, or any other malicious code.
e) Interfere with or disrupt the integrity of our Services or networks connected to our Services.
f) Engage in any activity that could harm minors.
g) Impersonate any person or entity or misrepresent your affiliation with a person or entity.
h) Engage in any fraudulent activity or operate illegal gambling operations.

5. Fair Usage Policy

5.1 Our Services are designed for typical game server operations. You agree to use the Services in a manner consistent with this intended purpose.

5.2 Excessive Use: We may, in our sole discretion, determine that your use of the Services is excessive or improper. Excessive use may include, but is not limited to:
a) CPU usage significantly above average for the Service package.
b) RAM usage that consistently maxes out allocated resources.
c) Storage usage that exceeds allocated quotas or grows at an unsustainable rate.
d) Network bandwidth usage that negatively impacts other customers or our infrastructure.

5.3 Actions for Excessive Use: If we determine that your usage is excessive, we may:
a) Throttle your Services to reduce resource consumption.
b) Temporarily suspend your Services.
c) Require you to upgrade to a higher Service tier.
d) Charge you additional fees based on your excess usage.

5.4 We will make reasonable efforts to notify you before taking any of the above actions, but we reserve the right to take immediate action if necessary to protect our infrastructure or other customers.

6. Service Level Agreement (SLA)

6.1 We strive to maintain high availability of our Services, but we do not guarantee 100% uptime.

6.2 Our specific uptime commitments and compensation for downtime are detailed in our Service Level Agreement, available on our website.

6.3 Scheduled maintenance will be communicated to Customers in advance whenever possible. Scheduled maintenance does not count as downtime for SLA purposes.

7. Support and Maintenance

7.1 We provide technical support for issues related to our game server hosting infrastructure and Services.

7.2 Support for game-specific configurations, mods, or gameplay issues is limited and provided at our discretion.

7.3 Support channels and hours of operation are specified on our website.

7.4 We reserve the right to perform maintenance on our Services as needed. We will attempt to schedule maintenance during off-peak hours and provide advance notice when possible.

8. Fees and Payment

8.1 You agree to pay all fees associated with the Services as specified on our website or in separate agreements.

8.2 All fees are non-refundable unless otherwise stated or required by law.

8.3 We may change our fees upon notice. Your continued use of the Services after a fee change constitutes your acceptance of the new fees.

8.4 If your payment method fails or your Account is past due, we may suspend or terminate your Services.

8.5 You are responsible for all taxes associated with the Services, other than taxes based on our net income.

9. Term and Termination

9.1 These Terms will remain in effect while you use the Services.

9.2 You may terminate your use of the Services at any time by closing your Account.

9.3 We may suspend or terminate your access to the Services:
a) If you breach these Terms.
b) If we are required to do so by law.
c) If the provision of the Services becomes no longer commercially viable.

9.4 Upon termination:
a) You will lose access to the Services and your Content.
b) We may delete your Content and Account information.
c) You remain liable for all fees incurred up to the date of termination.

10. Intellectual Property

10.1 We retain all right, title, and interest in and to the Services, including all related intellectual property rights.

10.2 You retain all right, title, and interest in and to your Content. By using our Services, you grant us a worldwide, non-exclusive license to host, use, and display your Content solely for the purpose of providing the Services to you.

11. Disclaimers and Limitations of Liability

11.1 The Services are provided "as is" and "as available" without any warranties of any kind.

11.2 We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.3 We are not responsible for any Content hosted on our Services or for any actions taken by users of our Services.

11.4 To the fullest extent permitted by law, our total liability for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Services.

11.5 We are not liable for lost profits, loss of data, or any indirect, incidental, consequential, special, or punitive damages.

12. Indemnification

12.1 You agree to indemnify, defend, and hold harmless 5ive.host and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

13. Modifications to the Services and Terms

13.1 We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice.

13.2 We may modify these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website or via email.

13.3 Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.

14. Governing Law and Dispute Resolution

14.1 These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles.

14.2 Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Berlin, Germany, using the English language in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

15. Miscellaneous

15.1 These Terms constitute the entire agreement between you and 5ive.host regarding the Services and supersede all prior agreements and understandings.

15.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.3 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.4 You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, without consent.

15.5 The headings in these Terms are for convenience only and have no legal or contractual effect.

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