Terms of Service

Last modified: April 09, 2024
Terms of Service (“Terms”)

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the undefined and undefined website (the “Service”) operated by HaruHost (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Beta Stage

HaruHost is currently in the beta stage of development. You acknowledge and agree that not all features and functionalities may work as expected or may be subject to errors or interruptions. By using our services, you accept and understand these risks.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or HaruHost cancels it. You may cancel your Subscription renewal trough your account subscriptions page or by contacting HaruHost support team or by the 3rd party payment processor we are using such as Patreon.

A valid payment method, including credit card, is required for processing the payment for your Subscription. The processing of payments will not be done by HaruHost directly, but by an authorized merchant of record. This merchant is responsible for processing and billing your payment method. You shall provide the merchant with accurate and complete billing information, including your full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize the merchant of record to charge all Subscription fees incurred through your account to the provided payment instrument.

Should automatic billing fail to occur for any reason, our merchant of record will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice

Fee Changes

HaruHost, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions.

Typically, any changes in Subscription fees will only apply to new Subscriptions. Existing Subscriptions will usually continue at the rate they were created with. However, if any change in Subscription fees is to be applied to existing Subscriptions, HaruHost will provide you with a reasonable prior notice of this change. This will give you an opportunity to terminate your Subscription before such change becomes effective.

In certain cases, HaruHost may need to terminate existing Subscriptions due to changes in Subscription fees.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Usage Types and Subscription Requirements

HaruHost is freely accessible for personal use, allowing access to core functionalities without the premium features.

For commercial use, it is required to subscribe to a plan that matches or exceeds the number of premium game servers utilized for commercial purposes.

Refunds

Certain refund requests for Subscriptions may be considered by HaruHost on a case-by-case basis and granted in sole discretion of HaruHost

Since HaruHost is available for personal use at no cost, offering additional features in its premium version, requests for subscription refunds are not usually granted.

Eligible Cases for Refunds: (1)You were recently charged for your next period of service, but you intended to cancel your subscription before this billing cycle.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (1) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (2) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

HaruHost has the right but not the obligation to monitor and edit all Content provided by users.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Account Deletion and Data Retention

You may request the deletion of your account at any time. Upon requesting account deletion, your account will enter a 30-day grace period during which you may recover your account by logging back in.

Please note that account deletion is only available if you do not have an active subscription plan or if your subscription plan has been cancelled. If your plan is cancelled but the subscription period has not yet expired, you will lose access to the service upon confirmation of account deletion.

Please note that HaruHost operates currently without traditional user accounts, as we solely use your Discord user ID identification purposes upon login and checking your premium role when you use premium services, your Discord username is used to show you with which Discord account you're connected with. Consequently, the typical process of account deletion may not apply, as we do not store email addresses or create user accounts in the conventional sense.

Even after your account is deleted, we retain some of your personal data as long as necessary for the purposes of resolving disputes, enforcing our agreements, and complying with any applicable laws or regulations. Once your account is deleted, you will not be able to register a new account using the same email address.

User Conduct

You agree not to engage in any of the following prohibited activities: Use the services for any illegal or unauthorized purpose; Interfere with, disrupt, or negatively affect the operation of HaruHost; Attempt to gain unauthorized access to the services, other user accounts, or any related systems or networks; Use any automated means, such as bots or scripts, to access or use the services; Upload, transmit, or distribute any malicious code, viruses, or other harmful software; Harass, intimidate, or threaten any other users of the services; Violate any applicable laws, regulations, or third-party rights.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of help@support.haruhost.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content, features, and functionality, excluding Content provided by users and third-party images or materials, are and will remain the exclusive property of HaruHost and its licensors. The Service is protected by copyright, trademark, and other laws of both Lithuania. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HaruHost. For third-party images or materials used within the Service, all rights are reserved by their respective owners, and their use on our Service does not imply endorsement by or affiliation with HaruHost.

Termination

HaruHost reserves the right to terminate your access to and use of the services, at its sole discretion, without notice and liability, for any reason, including but not limited to a breach of these Terms of Service.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

User Responsibilities

While our software allows you to easily interface with our services, we are not responsible for the operation, availability, or any security vulnerabilities that may arise from running this server or using our software. Whether you choose to run this server on your own premises or on infrastructure purchased from a third-party provider, you are solely responsible for its maintenance, ensuring its security, and addressing any issues that may arise with your chosen environment. We do not guarantee the security of our software, and you use it at your own risk.

Any damages caused by issues with your servers, security breaches on your servers, or use of our software are solely your responsibility. Our software is provided 'as is,' and while we strive to provide the best possible product, we cannot guarantee it will be entirely free of bugs or issues.

By using our software, you expressly acknowledge and agree that you assume all risks and liabilities associated with any damages, losses, or legal implications resulting from the use of our software or from connecting it to your servers. HaruHost is expressly exempt from any liability, claims, damages, losses, obligations, costs, and expenses related to your use of the software and the operation of your servers.

Software Updates

We may from time to time provide enhancements or improvements to the features or functionality of our service. This may include automatic updating or upgrading of the software, which you authorize by using our service. We will attempt to provide notice of significant updates or upgrades, but are not obligated to do so.

Modifications to Software

We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the service or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Limitation Of Liability

In no event will HaruHost, its affiliates, or their respective officers, directors, employees, agents, or suppliers be liable to you or to any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if HaruHost has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of, or in connection with, your use of, or access to, the Service or any other materials or information provided in connection with the Services.

The Company's total cumulative liability, in any event, is limited to the total amount paid by you for the Services during the three (3) months immediately preceding the event giving rise to such liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

HaruHost its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Lithuania, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Entire Agreement

These Terms of Service, along with any other policies or guidelines posted on HaruHost, constitute the entire agreement between you and HaruHost and supersede all prior agreements, representations, and understandings between you and HaruHost relating to the subject matter hereof.

Contact us

If you have any questions about these Terms, please contact us.