This is a convenience translation; the Russian version is legally binding.
CONTRACT FOR THE PAID PROVISION OF GAME HOSTING SERVICES
(PUBLIC OFFER)
Edition in force as of the date of acceptance
This document is a public offer of the Individual Entrepreneur Kulichenko Olga Nikolaevna, IIN 770530400037, acting on the basis of the notification of the commencement of activity as an individual entrepreneur No. KZ89UWQ05650293 (hereinafter – the Contractor), addressed to legally capable natural persons (hereinafter – the Customer) and contains an offer to conclude a contract for the paid provision of Minecraft game hosting services and related services using the website https://minecraft-hosting.net/ (hereinafter – the Site).
In accordance with Art. 395 of the Civil Code of the Republic of Kazakhstan, an offer is recognized as a proposal to conclude a contract, and in accordance with Art. 396 of the Civil Code of the Republic of Kazakhstan, acceptance must be full and unconditional. The contract is concluded in electronic form; the legal force of electronic documents and actions in the electronic environment is determined, among other things, by the Law of the Republic of Kazakhstan "On Electronic Documents and Electronic Digital Signatures".
1. Terms and definitions
1.1. Site – the Contractor's online resource located at: https://minecraft-hosting.net/
1.2. Personal Account – a functional section of the Site available to the Customer after authorization in the Account, intended for managing Services, selecting and changing Tariffs, making payments, as well as for sending requests to the support service.
1.3. Services – the provision of computing resources and access to the control panel for hosting and managing a Minecraft game server, as well as related services/options (including additional resources/parameters) available on the Site.
1.4. Tariff – a set of service parameters and the price published on the Site (including tariff categories).
1.5. Account – the Customer's account on the Site, created upon registration, using which the Customer is authorized and gains access to the Personal Account and the Services.
1.6. Technical data – data, including UTM tags (including referral codes), used for analytics/accounting of traffic sources and the correct operation of the Site.
1.7. Policies – documents posted on the Site and constituting an integral part of the contract:
- Consent to the collection and processing of personal data;
- Privacy Policy;
- Refund Policy.
The Offer may use terms not defined in this section. In such a case, the term is interpreted in accordance with the text of the Offer. In the absence of an unambiguous interpretation of a term in the text of the Offer, the term should be interpreted: firstly – as defined on the Site, secondly – as defined by the legislation of the Republic of Kazakhstan, thirdly – in accordance with the traditionally established interpretation.
2. Subject of the contract
2.1. The Contractor undertakes to provide the Customer with the Services in accordance with the selected Tariff and the terms published on the Site, and the Customer undertakes to pay for the Services.
2.2. The specific composition of the Services, parameters, cost, payment/provision period and restrictions are determined by the Tariff and the settings in the Personal Account at the time of the order and payment.
3. Procedure for concluding the contract (acceptance)
3.1. The Customer is obliged, prior to acceptance, to read this offer and the Policies.
3.2. Acceptance of this Offer is the fact of payment for the Contractor's Services by the Customer, including but not limited to: payment for the selected tariff; topping up the balance in the Personal Account; payment of an invoice or other payment request of the Contractor.
3.2.1. From the moment the funds are credited to the Contractor's settlement account or the payment is confirmed by the payment system, the Contract is deemed concluded, and the Customer is deemed to have accepted the terms of the Offer in full.
3.2.2. Payment for the Services means that the Customer:
- has fully read the terms of the Offer;
- accepts the terms of the Offer without any reservations or exceptions;
- confirms agreement with the Privacy Policy, the Refund Policy and other documents posted on the Site and constituting an integral part of the Offer.
3.3. The Customer understands and agrees that the inability to use the Services for reasons beyond the Contractor's control does not affect the fact of acceptance of the Offer and is not grounds for recognizing the Contract as not concluded.
3.4. The Offer does not require sealing and/or signing by the Contractor and the Customer (hereinafter – the "Parties") on paper, while retaining full legal force.
4. Registration and access to the service
4.1. Login/authorization on the Site is carried out using an email/username and password, and an alternative login method (for example, via a third-party service) may also be available in the Site interface.
4.1.1. Authorization via Discord is optional: the Customer may use it at their own discretion.
4.2. The Customer undertakes to ensure the confidentiality of access credentials and bears the risks of third-party actions when using their Account, if the access did not occur through the fault of the Contractor.
4.3. The Customer independently selects the Services presented on the Site. After selecting the Services, they click the "Select" button, complete registration/authorization in accordance with clause 4.1 of the Offer, go to the "Balance" tab, fill out the payment form, indicating the following data: the payment method (payment system), the amount to top up the Account balance in the Personal Account. After topping up the Account balance, the Customer selects a particular Service presented in the Personal Account by clicking the button corresponding to the name of the service.
4.4. The Contractor begins providing the services after acceptance of the Offer in accordance with the provisions of section 3 of the Offer.
4.5. All actions performed using the Customer's Account are deemed to have been performed by the Customer themselves. The Customer bears full responsibility for the actions of third parties who have gained access to their Account or server.
4.5.1. The transfer of Account or server data to third parties is carried out at the Customer's risk. The Contractor is not responsible for the consequences of such transfer.
5. Description of the service and technical conditions
5.1. The Services are provided remotely via the Internet, by allocating resources according to the selected Tariff and providing access to management through the Personal Account.
5.2. The Customer independently installs/configures the server software, cores and plugins, and is also responsible for the compatibility and operability of the selected components.
5.3. The Contractor has the right to introduce technical restrictions and infrastructure protection measures (including limitation of network activity, resource limits, temporary blocks in the event of a security threat or in the case of improper use of the Services), if this is necessary for the stability of the service and the protection of other users.
5.4. Changing the tariff/parameters is possible through the Personal Account; downgrading the tariff may not be available.
5.5. To fulfill its obligations, the Contractor has the right to engage third parties, which does not release it from the fulfillment of its obligations and liability to the Customer in the event of their non-fulfillment, if such liability arose as a result of incorrect actions (inaction) of third parties that do not comply with the law.
5.6. The Contractor provides virtual hosting and other services exclusively for hosting a Minecraft server. The Customer has the right to host on the game server only the content necessary for the operation of their Minecraft server.
5.7. The Services are provided on a shared resource basis. The resources allocated to the Customer (CPU, RAM, disk, network) are not guaranteed and are distributed among other users of the Contractor's infrastructure. The actual server performance may vary depending on the overall load on the node.
5.8. The server is provided with computing threads, not physical processor cores. The use of swap memory is permitted and does not constitute a violation of the terms of provision of the Services.
5.9. The network connection speed is limited to the values set by the Contractor and depends on the selected Tariff, location and technical parameters of the node. The server's IP address is not fixed and may change for technical reasons without prior notice to the Customer.
5.10. The Contractor has the right, at its discretion, to change the IP address, the server hosting location, the equipment or the node, if this is necessary to ensure the stability, security or optimization of the infrastructure.
5.11. The creation of backups is carried out by the Contractor automatically up to a certain size and at a certain frequency established by the Contractor and posted on the Site. The frequency of backups may be limited due to the load on IOPS and other technical parameters.
5.12. The speed of restoring backups depends on the technical capabilities of the node, the cloud storage and their bandwidth. The Contractor does not guarantee instant data recovery.
5.13. The Contractor is not responsible for the loss of the Customer's data, including but not limited to data loss resulting from failures, the actions of third parties, incorrect actions of the Customer or the use of third-party software.
5.14. When the Customer uses non-standard or custom solutions that are not present in the standard configuration of the Services, the Customer accepts the risk of the impossibility of their implementation. The Contractor has the right to refuse to add or support such solutions in the absence of technical capability.
5.15. The Contractor does not build software. Installation is possible only for software that is publicly available and provided by the Customer as a ready-made build with an indication of the source.
6. Cost of services and payment procedure
6.1. The cost of the Tariffs and options is published on the Site.
6.2. Payment is made on a 100% prepayment basis, unless otherwise specified on the Site for a particular Tariff.
6.3. Payment is made through third-party payment services. The Customer's payment data is processed by the payment services and is not stored by the Contractor (see the Privacy Policy and the Consent to the collection and processing of data).
6.4. The Customer's payment obligation is deemed fulfilled from the moment the successful payment is confirmed by the payment system.
6.5. The Contractor is not responsible either to the Customer or to third parties for the actions performed by the aforementioned natural person through the Personal Account; the Contractor can in no way and must not comment on, regulate or monitor such actions. The Customer bears full responsibility for all actions performed by any person on behalf of and at the expense of the Customer through the Personal Account and is fully liable for such actions to the Contractor and any third parties.
6.6. The Customer is independently responsible for the correctness of the payments they make. When the Contractor's bank details and/or other payment methods change, from the moment of publication of the new details and/or payment methods on the Contractor's Site, the Customer independently monitors the change in the Contractor's details and is responsible for payments made using outdated details and/or an outdated payment method.
6.7. In the event of suspension of the Services, the Customer has the right to order a paid service of temporary access to the server data solely for the purpose of downloading it (hereinafter – "Temporary Access"). Temporary Access is granted for a period of no more than 3 (three) calendar days and is paid for as follows:
6.7.1. For the first calendar day of Temporary Access, the cost is 10% of the cost of the corresponding Service (tariff) for the paid period, but not less than 250 (two hundred fifty) tenge.
6.7.2. For the second and third calendar days of Temporary Access, the cost is 250 (two hundred fifty) tenge for each day.
6.7.3. Upon expiration of the specified period, Temporary Access terminates automatically. Extension of Temporary Access beyond 3 (three) calendar days is not provided.
7. Refund of funds
7.1. The refund of funds is carried out strictly in the manner and on the terms of the Refund Policy posted on the Site.
7.2. The Refund Policy has priority in regulating refund matters. The provisions of this offer apply insofar as they do not contradict the Refund Policy.
7.3. Financial transactions, including refunds, depend on the operation of the online cash register and payment systems. In the event of technical failures of the said services, the timeframes for crediting or refunding funds may be increased.
7.4. Only the funds actually deposited by the Customer and confirmed by banking documents (receipts) are subject to refund.
7.5. Funds are not refundable for Services whose validity period has expired, as well as for servers deleted or suspended due to non-payment.
7.6. From the moment the refund is made, all data associated with the corresponding Service is subject to irrecoverable deletion without additional notice to the Customer.
7.7. Upon a refund, all Services paid for from the funds being refunded are canceled, or the balance of the Personal Account is reduced.
7.8. Cancellation of a refund request is possible solely by sending an appropriate notification to the Contractor's email before the actual refund is made.
8. Personal data and confidentiality
8.1. The Customer confirms that they have read and agree to the Consent to the collection and processing of personal data and the Privacy Policy posted on the Site.
8.2. Personal data is processed to the extent and for the purposes defined by the said documents.
8.3. Users' personal data is stored and processed on servers in the territory of the Republic of Kazakhstan. Game servers may be located in other countries, while personal data is not stored or processed on game servers (as specified in the Privacy Policy/Consent).
8.4. The Contractor uses Technical data (UTM tags) for analytics/referral accounting and the correct operation of the Site.
9. Content requirements and acceptable use
9.1. The Services are intended for hosting and managing Minecraft game servers.
9.2. The Customer is prohibited from using the Services for:
a) hosting/distributing content prohibited by the legislation of the Republic of Kazakhstan;
b) hacker/network attacks, scanning, exploitation of vulnerabilities, distribution of malicious software;
c) spam, phishing, collection of personal data of third parties without legal grounds;
d) actions that interfere with the operation of the Contractor's infrastructure or other users.
9.3. The Customer is prohibited from using the resources provided by the Contractor for the installation, launch and operation of software not intended for working with Minecraft game servers, including but not limited to: other game servers, proxy servers, VPN, scripts, bots, computing tasks, as well as any other software not related to the Minecraft ecosystem.
9.4. The Customer is independently responsible for compliance with the rights of third parties (including copyright/related/trademark rights), the rules of the Minecraft rights holders, the terms of use of mods/plugins and other components. The Contractor is not a party to the relations between the Customer and the Minecraft rights holders.
9.5. The Customer is prohibited from circumventing the technical and software restrictions of the selected Tariff, including restrictions on resources, network activity, ports and other parameters.
9.5.1. Exceeding the permissible network activity, abuse of resources, including non-obvious forms of load, is considered a violation of the terms of the Offer.
9.6. The Customer is prohibited from encrypting the contents of the container and the server data. Access to the server is provided exclusively within the functionality of the control panel; full access, SSH or VPS access is not provided.
10. Blocking/restriction and termination of the provision of services
10.1. The Contractor has the right to temporarily restrict the Customer's access to the Services, including blocking the server, the Personal Account and/or individual functional capabilities, without refunding the paid funds, in the following cases:
- detection of violations of the terms of this Offer, including the requirements for the acceptable use of the Services and content (including violations of sections 6, 9 and other applicable provisions);
- the existence of a debt, insufficient payment or the expiration of the paid period of provision of the Services;
- detection of signs of a threat to the information or technical security of the Contractor's infrastructure, including network attacks (DoS/DDoS), malicious activity, excessive load on resources;
- receipt of a lawful demand from an authorized state body in accordance with the legislation of the Republic of Kazakhstan;
- carrying out scheduled or unscheduled technical, preventive or emergency work necessary to maintain the stability and security of the Services.
10.2. In the absence of payment, response or actions on the part of the Customer to remedy violations within a reasonable time, the Contractor has the right to terminate the provision of the Services and delete the server data, the Account and the Customer's related information in the manner and within the timeframes specified on the Site and/or in the Personal Account, without the possibility of recovery. Data deletion is carried out in order to ensure the security of the infrastructure and the optimization of the Contractor's resources.
10.3. The Contractor has the right to suspend or completely terminate the provision of the Services without refunding funds for the unused period if the Customer:
- hosts, distributes or uses information and content that contradicts the legislation of the Republic of Kazakhstan and/or the norms of international law;
- violates copyright and/or related rights, trademark rights or other rights of third parties;
- hosts pornographic, extremist, suicidal, offensive, discriminatory or other prohibited content;
- uses the Services for phishing, spam, the collection or processing of personal, financial or other data of third parties without legal grounds;
- performs actions that violate the stability, security or operability of the Contractor's infrastructure, its networks, servers and services;
- uses the Services for hosting or operating financial pyramids, investment projects, VPN, proxy, IP telephony, internet traffic transit or other services not related to the hosting and operation of Minecraft servers.
10.4. In the cases specified in clause 10.3 of this Contract, the Contractor has the right, at its discretion, to:
- suspend the provision of the Services until the circumstances are clarified;
- restrict access to the Customer's server or Personal Account;
- delete the Customer's server, data and Account without the possibility of recovery.
10.5. In the event of the detection of intentional abuse of the Services, including abuse of resources, network activity or other actions that pose a threat to the infrastructure, the Contractor has the right to immediately block the Customer's server and Account without refunding funds.
10.6. In the event that the Customer's server causes processor throttling, excessive load or other problems on the node, the Contractor has the right to manage the server's power, suspend its operation or shut it down without prior notice.
10.7. The Customer acknowledges and agrees that the blocking, restriction or termination of the provision of the Services in the cases provided for in this section does not constitute a violation of the Contractor's obligations and does not entail an obligation to refund the paid funds or to compensate the Customer's losses.
11. Liability of the parties
11.1. The Parties bear liability in accordance with the legislation of the Republic of Kazakhstan.
11.2. The Contractor is not liable for:
11.2.1. any losses, direct or indirect, incurred by the Customer as a result of:
- network, hacker and distributed attacks (DoS/DDoS). The Contractor does not guarantee the perfect operation of protection against DDoS attacks. The protection used is limited to levels L3–L4 and may differ depending on the location and technical parameters;
- the actions of payment systems, hosting providers of third countries, data centers, telecom operators;
- failures, delays or restrictions in the operation of communication networks owned or serviced by third parties not associated with the Contractor;
11.2.2. interruptions in access to the server, decreased performance, unstable server operation, TPS drops, lags and other technical problems caused by:
- the Customer's use of third-party mods, plugins, builds, scripts;
- the use of incompatible, outdated or non-standard versions of the Minecraft core;
- conflicts between installed modifications;
- exceeding the permissible loads on the server;
11.2.3. the consequences of errors, incorrect actions or inaction of the Customer or third parties engaged by them, including but not limited to:
- incorrect server configuration;
- data deletion;
- transfer of access to the server to third parties;
11.2.4. the content, hosting, distribution and use by the Customer of any content on the server, as well as for:
- the compliance of such content with the legislation of the Republic of Kazakhstan and other states;
- compliance with copyright and related rights;
- any claims, demands and lawsuits of third parties related to such content;
11.2.5. the normal functioning of the Internet, its individual segments, nodes and communication lines that are not under the management or lease of the Contractor, as well as for their bandwidth, stability and availability for the Customer;
11.2.6. the temporary or complete inoperability of the server arising as a result of force majeure circumstances, including but not limited to:
- natural disasters;
- accidents in data centers;
- actions of state bodies;
- mass cyberattacks;
- power and communication channel outages beyond the Contractor's control.
11.2.7. If force majeure circumstances last for more than one month, the Contract will be deemed terminated upon the expiration of one month from the moment of the onset of the force majeure circumstances.
11.2.8. The Contractor is not liable for:
- the operability of third-party software;
- unauthorized access to the server, the Account or the Customer's data;
- the operation of third-party services and providers;
- lags on the server in the absence of problems on the node;
- connection problems caused by the actions of third parties (providers, blocking, the Customer's network).
11.3. In the event of demands, claims, lawsuits or orders being brought against the Contractor by third parties, including the state bodies of the Republic of Kazakhstan, related to the Customer's actions or the content hosted by them, the Customer undertakes to:
- independently and at their own expense settle such demands;
- reimburse the Contractor for all losses, fines, costs and expenses incurred caused in connection with such demands.
11.4. The Contractor has the right to:
- engage independent experts and specialized organizations to establish the causes of incidents, failures and violations;
- suspend the provision of the Services to carry out scheduled preventive, technical and emergency work without compensation for downtime.
12. Procedure for handling requests and disputes
12.1. Customer requests (including regarding refunds) are sent to the support email: help@minecraft-hosting.net
12.2. All disagreements and disputes arising out of or in connection with this Contract are subject to settlement by the Parties through pre-trial negotiations. The Customer's claims regarding the Services provided are accepted and considered by the Contractor exclusively in writing and in the manner established by the current legislation of the Republic of Kazakhstan.
12.3. If the dispute has not been settled out of court, it is subject to consideration in a court of general jurisdiction at the location of the Contractor. To establish the circumstances and determine the Customer's fault in the event of technical disputes, the Contractor has the right to engage competent expert organizations; upon confirmation of the Customer's fault, the costs of conducting such an expert examination are subject to reimbursement by the Customer.
13. Term, amendment and termination
13.1. The Offer is valid from the date of publication on the Site until it is revoked by the Contractor.
13.2. The Contractor has the right to amend the offer and the Policies; the new edition comes into force from the moment of publication on the Site, unless another deadline is specified upon publication.
13.3. The Customer undertakes to independently monitor the current editions of the documents on the Site. Continued use of the Site after changes means the Customer's agreement with the new edition.
14. Details and contacts of the Contractor
Sole Proprietor "Kulichenko O.N."
IIN: 770530400037
Email: help@minecraft-hosting.net
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