Tos

Last Updated: July 7, 2025

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Zenith Hosting KLG ("Company," "we," "us," or "our"), a limited liability company incorporated under the laws of Switzerland.

By accessing or using our services ("Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these terms, you must not access or use our Services.

We reserve the right to modify these terms at any time by posting the updated version on our website. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. We will notify you of any material changes via posting a notice on our website and email.

2. Service Description

Zenith Hosting KLG provides shared game hosting services with integrated DDoS protection and bot detection on a subscription basis. Services include:

  • Shared game server hosting with resource limitations per plan
  • DDoS protection and automated bot detection
  • Customer support and server management tools
  • Service level guarantees as specified in Section 8

Specific features, resource allocations (CPU, RAM, storage), and limitations are detailed in your selected service plan.

3. Account Registration and Security

To use our services, you must create an account and provide accurate, current, and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use or security breaches

We will not be liable for any losses arising from your failure to comply with these security requirements.

4. Acceptable Use Policy

4.1 Prohibited Activities

When using our services, you are strictly prohibited from:

  • Resource-intensive operations: cryptocurrency mining, AI processing, rendering, or streaming media services
  • Network security risks: Torrent hosting, file sharing, proxy services, or VPN operations
  • Content restrictions: Adult content hosting or any illegal, harmful, or objectionable material
  • Service integrity violations:
    • Running multiple game instances per server slot
    • Using modded servers with excessive plugins that impact performance
    • Commercial reselling of server access
  • System abuse: Attempting to disable, overburden, or impair our Services
  • Unauthorized access: Gaining or attempting unauthorized access to our systems or other users' accounts

4.2 Resource Compliance

You must operate within the resource limitations specified in your service plan. Excessive resource usage that impacts other users or our infrastructure is prohibited.

4.3 Minecraft EULA Compliance

For Minecraft servers hosted on our services, you must comply with Mojang Studios' Minecraft End User License Agreement (EULA). This includes but is not limited to:

  • Not selling gameplay advantages or in-game items for real money
  • Not restricting access to creative mode or commands based on payment
  • Following all commercial use guidelines set by Mojang Studios
  • Ensuring any monetization complies with Minecraft's commercial use guidelines
  • Not distributing or modifying Minecraft client software

See Minecraft EULA

Violation of the Minecraft EULA may result in immediate account termination without refund.

5. Payments and Billing

5.1 Payment Terms

  • Billing frequency: Monthly subscription basis
  • Payment methods: Credit/debit cards, Apple Pay, Google Pay, and PayPal via Stripe
  • Payment timing: All fees are billed in advance for each monthly period
  • Fee changes: We may adjust fees with 30 days' notice prior to your next billing cycle

5.2 Refund Policy

  • Refund window: 7-day full refund period from date of purchase
  • Refund conditions: Full refund for any reason, no questions asked
  • Refund process: Contact our support team via live chat for verification and processing
  • Refund method: Automatic refund to original payment method via Stripe

5.3 Taxes

You are responsible for all applicable taxes related to your use of the Services, excluding taxes based on our net income. Tax calculations are handled automatically through Stripe Tax.

6. Intellectual Property

6.1 Our Intellectual Property

All Services, including software, documentation, and materials provided by us, are owned by Zenith Hosting KLG or our licensors and are protected by Swiss and international intellectual property laws.

6.2 Your Content

You retain ownership of content you host on our Services. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content as necessary to provide the Services.

7. Account Termination and Data Handling

7.1 Termination Reasons

We may terminate your account immediately for:

  • Payment overdue: 7 days past due date
  • Acceptable Use Policy violations: Any violation of Section 4
  • Minecraft Eula violations: Any violation of Section 4.3
  • Resource abuse: Excessive usage after warnings
  • Illegal content hosting: Any illegal or harmful content
  • Security breaches: Hacking attempts or unauthorized access
  • Harassment: Of other customers or staff members

7.2 Warning and Appeal System

All Reasons stated in Section 7.1 can lead to immediate termination without warning.

  • Appeals: 48-hour window for all termination decisions
  • Appeal process: Submit via support ticket with detailed explanation

7.3 Data Retention

  • Server data: Deleted immediately upon termination
  • Account data: Retained for 3 months if no active servers, then permanently deleted
  • Backup systems: Data removed from all backup systems according to retention schedule

8. Service Level Agreement (SLA)

8.1 Uptime Commitment

We guarantee 99.95% monthly uptime for our game hosting services, measured by network connectivity through external monitoring services with multiple global monitoring points.

8.2 SLA Reasons:

Under the following circumstances, you may claim a SLA refund credit:

  • Game Server issues (hardware failure, datacenter outages)
  • Misconfiguration caused by us

8.3 SLA Exclusions

Our uptime guarantee excludes downtime caused by:

  • Scheduled maintenance (announced 12 hours in advance)
  • DDoS attacks or other cyber security incidents
  • Customer-caused issues (misconfiguration, resource abuse)
  • Force majeure events (natural disasters, war, government actions)
  • External factors beyond our control (third-party services, network issues)

8.4 SLA Credits

If we fail to meet our 99.95% uptime commitment in any calendar month, you may request a credit equal to the percentage of downtime below 99.95% of your monthly fee. Credits must be claimed within 30 days of the affected month with supporting evidence. Requesting a credit can be done over our website live chat.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION.

10. Limitation of Liability

10.1 Liability Cap

Our total liability for any damages arising from these Terms or the Services is limited to the greater of CHF 50.

10.2 Excluded Damages

Under no circumstances will we be liable for:

  • Indirect or consequential damages
  • Loss of profits or business revenue
  • Data loss or corruption
  • Third-party claims from your end users
  • Reputation or goodwill damage
  • Opportunity costs

10.3 Swiss Law Limitations

These limitations do not exclude liability for intentional misconduct, gross negligence, death, or personal injury as required by Swiss law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Zenith Hosting KLG from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your content, or your violation of these Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed exclusively by Swiss law, without regard to conflict of law principles.

12.2 Arbitration

Any dispute arising from these Terms shall be resolved by binding arbitration in Zurich, Switzerland, under the Swiss Rules of International Arbitration. The arbitration shall be conducted in English by a single arbitrator.

12.3 Class Action Waiver

You agree that any disputes will be resolved on an individual basis only. You waive any right to participate in class actions or class-wide arbitrations.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and Zenith Hosting KLG regarding the Services and supersede all prior agreements.

13.2 Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

13.3 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

13.4 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control, including natural disasters, network failures, or government actions.

13.5 Contact Information

For questions about these Terms, contact us at: Zenith Hosting KLG Email: [email protected]

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

By using our Services, you acknowledge that you have read, understood, and agreed to this document.