Legal

Terms of Service

Please read these terms carefully before using our services.

Last updated: January 2025

1. Acceptance of Terms

By accessing or using our game server hosting services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services. These Terms constitute a legally binding agreement between you and Plex Host. You must be at least 18 years old (or the age of majority in your jurisdiction) to use our services. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Plex Host provides game server hosting services that allow you to deploy, manage, and run game servers on our infrastructure. Our services include server provisioning, management tools, DDoS protection, customer support, automated backups, and monitoring tools. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We do not guarantee that our services will be available at all times or that they will be error-free.

3. Account Registration and Security

To use our services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. You are responsible for ensuring that your account information remains accurate and up-to-date. We reserve the right to refuse service, terminate accounts, or limit access to our services in our sole discretion.

4. User Responsibilities and Acceptable Use

You are solely responsible for all content, data, and activities associated with your account and servers. You agree to: (a) Comply with all applicable laws, regulations, and third-party rights; (b) Not use our services for any illegal, fraudulent, or harmful purposes; (c) Not upload, store, transmit, or distribute any content that is illegal, infringing, defamatory, obscene, or otherwise objectionable; (d) Not engage in activities that could harm, disrupt, or interfere with our services, other users, or third parties (including DDoS attacks, spam, or unauthorized access attempts); (e) Not resell, sublicense, or redistribute our services without our express written permission; (f) Not reverse engineer, decompile, or disassemble any part of our services; (g) Not use our services to compete with us or to develop competitive services; (h) Ensure that your use of our services complies with the terms of service of any games or software you host; (i) Maintain adequate backups of your data, as we are not responsible for data loss; (j) Not use our services to mine cryptocurrencies or engage in resource-intensive activities that could impact other users. We reserve the right to monitor your use of our services and to take appropriate action, including suspension or termination, if we determine that you have violated these Terms or engaged in any prohibited activities.

5. Payment and Billing

Subscription fees are billed in advance on a recurring basis (monthly, quarterly, or annually) according to your selected plan. All fees are stated in USD unless otherwise specified. By providing a payment method, you authorize us to charge your payment method for all fees due. Payments are non-refundable except as specified in our Refund Policy. If payment fails or is declined, we may suspend or terminate your service until payment is successfully processed. We reserve the right to change our pricing with 30 days advance notice. Price changes will apply to your next billing cycle after the notice period. You are responsible for any taxes, duties, or fees applicable to your use of our services in your jurisdiction. All fees are exclusive of applicable taxes unless otherwise stated.

6. Service Level Agreement and Availability

We strive to maintain 99.9% uptime for our services, excluding scheduled maintenance windows (which we will notify you about in advance when possible) and circumstances beyond our reasonable control. This uptime guarantee applies to our infrastructure availability, not to the availability of individual game servers or third-party services. If we fail to meet this uptime commitment due to issues within our control, you may be eligible for service credits as described in our SLA documentation. Service credits are your sole and exclusive remedy for any downtime or service interruptions. We are not liable for any downtime caused by factors outside our control, including but not limited to third-party services, network issues, or force majeure events.

7. Content and Intellectual Property

You retain ownership of any content, data, or materials that you upload, store, or transmit through our services ("Your Content"). However, by using our services, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and distribute Your Content solely for the purpose of providing our services to you. You represent and warrant that you have all necessary rights, licenses, and permissions to use and authorize us to use Your Content. You are solely responsible for ensuring that Your Content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party. All intellectual property rights in our services, including but not limited to our software, trademarks, logos, and documentation, remain our property or that of our licensors. You may not copy, modify, distribute, or create derivative works based on our services without our express written permission.

8. Data Backup and Loss

While we provide automated backup services, you are solely responsible for maintaining adequate backups of your data, configurations, and server files. We are not liable for any loss of data, whether due to hardware failure, software errors, human error, security breaches, or any other cause. We recommend that you maintain your own independent backups of critical data. We do not guarantee that backups will be available, complete, or restorable at any given time.

9. Third-Party Services and Software

Our services may integrate with or depend on third-party services, software, or APIs. We are not responsible for the availability, performance, or terms of service of any third-party services. Your use of third-party services is subject to their respective terms of service and privacy policies. We do not warrant or guarantee the compatibility of third-party software with our services. You are responsible for ensuring that any third-party software you install complies with applicable licenses and terms of service.

10. Termination

You may cancel your subscription at any time through your account dashboard. Upon cancellation, your service will remain active until the end of your current billing period, after which your account and all associated data may be permanently deleted. We may terminate or suspend your access to our services immediately, without prior notice, if: (a) You violate these Terms or any applicable law; (b) You engage in fraudulent, abusive, or illegal activity; (c) Your use of our services poses a security risk or harms other users; (d) You fail to pay fees when due; (e) We discontinue the services; (f) Required by law or government request. Upon termination, your right to use our services immediately ceases, and we may delete your account, data, and content. We are not obligated to retain or provide you with any data after termination. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 7 (Intellectual Property), 11 (Indemnification), 12 (Limitation of Liability), and 14 (Governing Law).

11. Indemnification

You agree to indemnify, defend, and hold harmless Plex Host, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) Your use of our services; (b) Your violation of these Terms; (c) Your violation of any third-party right, including intellectual property rights or privacy rights; (d) Your Content or any content you upload, store, or transmit through our services; (e) Any claims that Your Content caused damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLEX HOST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) YOUR USE OR INABILITY TO USE OUR SERVICES; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR DATA; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES; (e) ANY ERRORS OR OMISSIONS IN OUR SERVICES; (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT: (a) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (b) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS. Any material downloaded or otherwise obtained through the use of our services is done at your own discretion and risk, and 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.

14. Dispute Resolution

If you have any concerns or disputes about these Terms or our services, please contact us at host@plex.gg to attempt to resolve the matter informally. If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration, except that either party may bring an individual action in small claims court if the claim qualifies, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. Arbitration will be conducted under the rules of a recognized arbitration organization agreed upon by both parties. The arbitration will take place in the jurisdiction specified in Section 15 (Governing Law). The arbitrator's decision will be final and binding.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Brazil, specifically the State of São Paulo, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of São Paulo, Brazil, and you hereby consent to the personal jurisdiction of such courts.

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email (sent to the email address associated with your account) or through a prominent notice on our website at least 30 days before the changes take effect. Your continued use of our services after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our services and cancel your account before the changes take effect.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Plex Host regarding your use of our services and supersede all prior agreements, understandings, or communications between you and Plex Host relating to the subject matter hereof.

19. Contact Information

If you have any questions about these Terms, please contact us at: Email: host@plex.gg Website: https://host.plex.gg

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Terms of Service - Gaming Server Hosting | Plex Host