Contents
- Definitions
- Account Creation and Usage
- Service Provision
- Payments and Billing
- Intellectual Property
- Limitation of Liability and Disclaimer of Warranties
- Indemnification
- Amendments, Termination, and Force Majeure
- Governing Law and Jurisdiction
- General Provisions
- Confidentiality
- Payment Information and Card Data Processing
- DMCA and Copyright Infringement
- Security Incidents
Definitions
1.1. "NodePlay," "we," "us," or "our" refers to NodePlay, the Game Server Provider (GSP) offering game server hosting services.
1.2. "Services" refer to the game server hosting services provided by NodePlay, including software, hardware, network infrastructure, and related components required for hosting game servers.
1.3. "User," "you," or "your" refers to any individual or entity accessing or using our Services.
Account Creation and Usage
2.1. Eligibility: To use our Services, you must be at least 18 years old or have the necessary legal capacity to enter into this Agreement.
2.2. Account Registration: You agree to provide accurate, current, and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3. Prohibited Activities:
- Violating any applicable laws or regulations.
- Infringing upon the intellectual property rights of others.
- Engaging in any activity that may disrupt or interfere with the operation of our Services or network.
- Transmitting or storing any illegal, harmful, or offensive content.
- Using our Services for any illegal or unauthorized purposes.
- Attempting to gain unauthorized access to any system, network, or data.
- Engaging in any form of harassment, spamming, or sending unsolicited messages.
- Misrepresenting your identity or affiliation with any person or entity.
2.4. Suspension or Termination: NodePlay reserves the right to temporarily suspend or permanently terminate your account or access to the Services if we identify any violation of any provision of this Agreement.
Service Provision
3.1. Service Availability: We strive to provide maximum possible accessibility to our Services; however, we do not guarantee error-free operation, absolute security, or 24/7 availability. Scheduled maintenance, updates, or unforeseen technical issues may result in temporary downtime.
3.2. Game Server Management: NodePlay provides tools and interfaces for managing game servers. You are responsible for configuring and managing them, including game-specific settings, mod installations, and content uploads.
3.3. Third-Party Software: NodePlay may provide support for certain third-party software, plugins, or modifications. We do not guarantee their compatibility or optimal performance within our Services.
3.4. Data Backup: NodePlay regularly backs up server data as a precautionary measure; however, the responsibility for maintaining current backups and protecting your data lies with the User.
3.5. Resource Usage: You agree not to misuse the provided resources. Excessive use of computing resources (CPU, RAM, bandwidth, etc.) may result in temporary or permanent restrictions on your account.
3.6. Responsibility for Data: You acknowledge that you bear full responsibility for any loss or damage to data resulting from your actions when using the Services.
3.7. Prohibited Actions: Engaging in activities that may lead to intentional damage or loss of data is strictly prohibited.
Payments and Billing
4.1. Pricing and Payment: The cost of Services is indicated on our website and/or communicated by other means. You agree to pay all charges promptly according to the approved pricing structure.
4.2. Billing and Renewals: Payment is made on a regular basis in accordance with the order terms. In the event of late payment, NodePlay reserves the right to suspend Services until the outstanding balance is paid.
4.3. Refunds: The refund policy is outlined on our website and applies in accordance with the stated conditions.
4.4. Initial Purchase: Refunds are possible within 72 hours after the initial purchase of Services, provided no substantial amount of resources has been used.
4.5. Exclusions: Refunds are not provided for upgrades, location transfers, or custom configurations.
4.6. Payment Dispute Resolution Procedure: In case of payment problems, refund claims, or bank disputes, the User must first contact NodePlay support with a detailed explanation of the claims and reasons for the refund. This procedure is mandatory for consideration of claims both when requesting a refund and when initiating a dispute through the bank. NodePlay reserves the right to resolve such issues before a bank dispute is initiated.
Intellectual Property
5.1. Content Ownership: You retain full ownership rights to the content and data you upload or transmit through the Services.
5.2. License to Use Content: By using the Services, you grant NodePlay a worldwide, royalty-free, sublicensable, and transferable license to host, reproduce, distribute, and display your content solely for the purpose of providing the Services.
5.3. Copyright Protection: NodePlay respects copyright and complies with DMCA provisions. If you believe your copyrighted content has been used in violation, you may send a copyright infringement notice to the address specified on the website.
5.4. Data Security: We implement reasonable security measures to protect your content and data hosted on our servers. They are described on our Security page.
Limitation of Liability and Disclaimer of Warranties
6.1. Disclaimer: Services are provided "as is," without any warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
6.2. Limitation of Liability: To the maximum extent permitted by law, NodePlay is not liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Services.
Indemnification
7.1. Indemnification Obligation: You agree to indemnify, defend, and hold harmless NodePlay, as well as its directors, employees, and agents from any claims, losses, liabilities, expenses, or demands arising from your violation of this Agreement or use of the Services.
Amendments, Termination, and Force Majeure
8.1. Amendments to the Agreement: NodePlay reserves the right to make changes to this Agreement. Changes take effect upon publication on our website or through other notification. For substantial changes, we will take reasonable measures to notify Users in advance.
8.2. Termination: Either party may terminate this Agreement by notifying the other party in writing. All rights and obligations arising prior to termination remain in force.
8.3. Force Majeure: NodePlay is not responsible for non-performance or improper performance of obligations under this Agreement if such non-performance is caused by force majeure circumstances (such as natural disasters, military actions, strikes, accidents, internet network failures, etc.).
Governing Law and Jurisdiction
9.1. Governing Law: This Agreement is governed by and construed in accordance with the laws of the Republic of Ireland.
9.2. Jurisdiction: All disputes arising in connection with this Agreement are subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
General Provisions
10.1. Entire Agreement: This Agreement constitutes the entire agreement between you and NodePlay and supersedes all previous oral or written agreements.
10.2. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in force.
10.3. Notifications: All notifications regarding this Agreement should be sent to the email address specified in your account or by other means provided by NodePlay.
Confidentiality
11.1. Confidential Information: During the use of Services, each party may gain access to confidential and proprietary information of the other party.
11.2. Confidentiality Obligations: Both parties agree not to disclose the received confidential information and to use it exclusively for fulfilling obligations under this Agreement. Confidentiality obligations continue even after the termination of the Agreement for a reasonable period.
Payment Information and Card Data Processing
12.1. Payment Processing: When making payments through Stripe or other payment systems, NodePlay ensures secure transmission and storage of payment information in accordance with international security standards (e.g., PCI DSS).
12.2. Automatic Payments: By providing your credit card information, you agree that NodePlay may store it for automatic processing of subsequent payments within the subscription or other regular services.
DMCA and Copyright Infringement
13.1. Notification Procedure: If you believe your copyright has been infringed through content posted via the Services, you can send a copyright infringement notice in accordance with DMCA provisions to the address specified on the website.
13.2. Review of Notifications: NodePlay undertakes to review received notifications and, upon confirmation of the infringement, take measures, including temporary access restriction or removal of disputed content, in accordance with applicable law.
Security Incidents
14.1. Reporting an Incident: If you suspect that your server or account has been compromised (for example, the server is infected with malicious code, contains a backdoor or is used to attack other systems), contact NodePlay support as soon as possible.
14.2. Access to Your Server: By asking NodePlay for help with an incident, you authorize NodePlay staff to access the affected server, its files, settings and logs to the extent necessary to investigate and resolve the incident.
14.3. Protective Measures: To protect you, other Users and our network, NodePlay may temporarily stop a compromised server, isolate it, restrict its network access or restore it from a backup. Where possible, we notify you in advance; in urgent cases we act first and notify you without delay afterwards.
14.4. AI Tools: To investigate and resolve incidents, NodePlay may use artificial intelligence tools, including Claude models developed by Anthropic, such as Claude Mythos, to analyze the files, settings and logs of the affected server and to prepare fixes. Changes to your server are made or approved by NodePlay staff. How we use AI tools and which data they receive is described on our Security page and in our Privacy Policy.
14.5. Scope of Assistance: Help with incidents covers servers hosted by NodePlay and is provided on a best-effort basis. NodePlay does not guarantee that every consequence of an incident will be found or that all data will be recovered; sections 3.4 and 3.6 continue to apply.