Terms of Service

Last Updated: June 6th, 2024 - Initial creation of Terms of Service

Welcome to ChumBucket Labs LLC! By using our hosting services, you agree to comply with the following terms and conditions. Please review them carefully.

1. Introduction

1.1 Scope: These terms and conditions govern your use of the hosting services provided by ChumBucket Labs LLC.

1.2 Acceptance: By using our services, you agree to be bound by these terms in full. If you disagree with any part of these terms, you must not use our services.

2. Service Description

2.1 Offering: ChumBucket Labs LLC provides a range of server hosting services, including game server hosting and other related services.

2.2 Modification: We reserve the right to modify or discontinue any aspect of our services at any time, with or without notice.

3. Account Registration

3.1 Requirements: To use our services, you must create an account and provide accurate, current, and complete information during the registration process.

3.2 Confidentiality: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or breach of security.

3.3 Termination: We reserve the right to terminate or suspend accounts that provide false or misleading information or fail to disclose unauthorized use or breach of security to their accounts.

4. User Responsibilities

4.1 Prohibited Activities: You agree not to use our services for any unlawful or prohibited activities, including but not limited to engaging in illegal activities, distributing malware, or uploading offensive or illegal content.

4.2 Compliance: You are responsible for ensuring that your use of our services complies with all applicable laws and regulations.

5. Acceptable Use Policy

5.1 Guidelines: You agree to comply with our Acceptable Use Policy, which prohibits activities such as hosting fraudulent content, violating the guidelines, end user license agreements, or terms of service of the hosted game’s parent company, or disrupting other users' services.

5.2 Acceptable Use: Acceptable use of ChumBucket Labs LLC services is use that follows the purchased package’s hardware and software specifications.

5.3 Enforcement: We reserve the right to investigate accounts and take appropriate legal action against suspected violators, including suspension or termination of accounts and deletion of data.

6. Payment and Fees

6.1 Obligation: You agree to pay all fees associated with the services you select. Payments are due in advance.

6.2 Refunds: All payments are non-refundable, except as provided in our refund policy.

6.3 Changes: We reserve the right to change our fees with notice to you.

7. Service Availability

7.1 Uptime: We strive to provide 99% uptime for our services but do not guarantee uninterrupted access.

7.2 Maintenance: Scheduled maintenance and upgrades will be communicated in advance to minimize downtime.

7.3 Beta Participation: Participation in any beta program is voluntary and may not have the same level of uptime and reliability as our standard services. As beta services are provided free of charge or heavily discounted, their primary purpose is to verify and improve our services. Therefore, we do not guarantee any specific level of service, uptime, or support during the beta period.

8. Data Protection and Privacy

8.1 Privacy Policy: Our Privacy Policy, which explains how we collect, use, and disclose information, is incorporated into these terms by reference.

8.2 Confidentiality: We will not monitor or disclose the contents of your private communications, except as required by law.

9. Limitation of Liability

9.1 Exclusion: ChumBucket Labs LLC will not be liable for any direct, indirect, or consequential damages resulting from your use of our services.

9.2 Liability Cap: Our total liability to you shall not exceed the amount paid for the services in the preceding three months.

10. Indemnification

10.1 Obligation: You agree to indemnify and hold harmless ChumBucket Labs LLC, its affiliates, and its employees from any claims arising from your use of our services.

11. Termination

11.1 Discretion: We reserve the right to terminate or suspend your account at our sole discretion, without notice, for violation of these terms.

11.2 User Termination: You may terminate your account at any time through your account settings.

12. Modifications to Terms

12.1 Revision: We may revise these terms at any time. Revised terms will apply from the date of publication on our website.

13. Governing Law and Dispute Resolution

13.1 Applicable Law: These terms shall be governed by the laws of the State of California, without regard to its conflict of law principles.

13.2 Arbitration: Any disputes shall be resolved through binding arbitration in Santa Rosa, California, in accordance with the rules of the American Arbitration Association.

14. Intellectual Property

14.1 Ownership: All content and materials on our website and services are the property of ChumBucket Labs LLC or its licensors.

14.2 License: You retain ownership of any content you upload, but grant us a license to use it for service provision.

15. Third-Party Services

15.1 Integration: Our services may integrate with third-party services, subject to their terms and conditions.

15.2 Disclaimer: We are not responsible for the practices or availability of third-party services.

16. Support and Maintenance

16.1 Channels: Technical support is provided through our Discord server and our support email.

16.2 Hours: Support hours are 8 AM PST to 11 PM PST, with best-effort support outside these hours.

16.3 Maintenance: We may perform routine maintenance on our systems. Whenever possible, we will provide advance notice of any maintenance that may affect your services.

17. Notices

17.1 Delivery: All notices required or permitted under these terms will be in writing and deemed delivered when delivered in person, sent by email, or sent by certified or registered mail, return receipt requested, to the address and/or email address provided by each party.

18. Survival

18.1 Provisions: Provisions of these terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Severability

19.1 Validity: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

20. Waiver

20.1 Enforcement: Our failure to enforce any right or provision of these terms shall not be considered a waiver of those rights.

21. Assignment

21.1 Transfer: You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations under these terms without your consent.

22. Entire Agreement

22.1 Comprehensiveness: These terms constitute the entire agreement between you and ChumBucket Labs LLC regarding the use of our services.

23. Changes to Terms

23.1 Revision: We may revise these terms at any time. Revised terms will apply from the date of publication on our website. We will notify you of any significant changes to these terms.

24. Contact Information

24.1 Availability: If you have any questions about these terms, please contact us at [email protected].