TERMS OF SERVICE

Derailed Hosting only delivers services to the customer under the following conditions. Upon purchase, the customer automatically accepts the terms of services for Derailed Hosting. It is up to the customer to read and understand our terms. The customer must always stay up to date on the terms. The customer always has the right to contact Derailed Hosting regarding the terms, requesting or demanding deeper explanation and ask any questions of interest. This terms of service is effective as of 15 Febuary 2024 and was last updated on 18 February 2024.

Definitions

  • "Derailed Hosting", "We", "Us" refers to the company Derailed Hosting, and its employees.
  • "Customer", "You" refers to the person or company that uses Derailed Hosting.
  • "Service" refers to the product that the customer purchases from Derailed Hosting.
  • "ByteHosting", "Server Provider", "Hosting Provider" refers to the company ByteHosting, and its employees.

Jurisdiction

These terms of service are subject to the laws of the UK. The customer must also comply with the laws of Germany, as Derailed Hosting uses ByteHosting. You can read their terms of service here: https://bytehosting.cloud/tos.html.

General terms and conditions

If there is any suspicion of illegal activity or misuse of the product, Derailed Hosting reserves all rights to access customer data. It is always the customer's responsibility to ensure that the customer's account information is correct and up to date. Derailed Hosting must per demand or request provide the initial research reason when they force files of customer data.

Responsibility for data

When using services within Derailed Hosting, it is always at the customer's own responsibility. Derailed Hosting is not responsible for data or content. The customer is responsible for any illegal or infringing data or content. Exceptions are only taken into consideration if they are in conflict with the Service Level Agreements.

Termination

The customer has the option to terminate the service at any time. The customer can do this via the Derailed Hosting dashboard, or by contacting Derailed Hosting directly. The customer is responsible for the termination of the service, and the customer must also remember to remove the automatic billing subscription on PayPal. If the customer does not do this, PayPal will automatically charge the subscription fee, if this does happen, please contact Derailed Hosting immediately to get a refund. Derailed Hosting reserves the explicit right to terminate the customer's service at any time, without notice, without refund, and without reason.

Personal data

Derailed Hosting uses a German hosting provider, which means that all data is stored in Germany. Derailed Hosting is therefore subject to the German Data Protection Act. The customer can contact the ByteHosting Legal Team to request a copy of their data.

Security

The customer is responsible for the security of the account. Derailed Hosting will therefore recommend that the customer's password contains both special characters, lowercase and uppercase letters as well as numbers.

Violation of conditions

If the customer at any time violates the applicable terms, Derailed Hosting may contact the customer by email/discord and in several cases, the customer's account/server will be closed. Derailed Hosting reserves all rights to delete the customer's account / server. Derailed Hosting reserves the right to immideately suspend accounts without notice, or refund.

Liability for any lost data

Derailed Hosting can never be held responsible for lost data in the event of, for example, power failure, system failure, etc. The customer is always fully responsible for all data and any lost data.

Software Terms

Derailed Hosting always confirms any software terms on behalf of the customer.

Chargebacks

Any chargeback, dispute, or claim filed against us will result in immediate and permanent termination of all Derailed Hosting services, including active products, no matter the outcome of the chargeback.

Refunds

Derailed Hosting does not offer refunds unless explicity stated otherwise, if the customer is not satisfied with the product, the customer can contact Derailed Hosting to ask for a refund, but Derailed Hosting reserves the right to refuse the refund, without reason. After the first twelve hours of the service being active, the customer is not entitled to a refund, the customer can contact Derailed Hosting to negotiate a refund, but Derailed Hosting reserves the express right to refuse the refund, without reason, Derailed Hosting also reserves the right to not reply to the customer's refund request. Refunds will not be granted if the customer has violated the terms of service, or if the customer has been suspended or terminated.

Cancellation

When cancelling a product, you can do so via. our billing panel. When the customer cancels a service, the client must also remember to remove the automatic billing subscription on PayPal. If the customer does not do this, PayPal will automatically charge the subscription fee, if this does happen, please contact Derailed Hosting immediately to get a refund.

Privacy

Derailed Hosting does not collect any customer data from the custer, the only data we collect is the data that the payment gateway provides. Derailed Hosting does not store any customer data, the dashboard and its data is stored and hosted by ByteHosting, you can read their privacy policy here: https://bytehosting.cloud/pp.html. Derailed Hosting uses PayPal as a payment gateway, you can read their privacy policy here: https://www.paypal.com/uk/webapps/mpp/ua/privacy-full and their terms of service here: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full.

Acceptable Use Policy

By using our services, You agree to comply with all laws and to refrain from any illegal or abusive activities. When using a shared hosting service provided by Derailed Hosting, the customer can only do the following:
  • Hosting a singular game server
  • Hosting a singular website
  • Hosting a singular database
The customer may request to expand their services, doing this would allow the customer to host more than a singular game server, or website, the customer is always limited to hosting a singular database, when requesting an expansion of services, Derailed Hosting reserves the express right to decline. If the customer is using a dedicated server, the customer may do any of the aforementioned things, which are disallowed on shared hosting. When using Derailed Hosting, the customer must comply with all UK, German, and local laws, the customer must also comply with our allowed services, this stops the user from doing things including, but not limited to the following:
  • Hosting a TOR exit node
  • Hosting a VPN or Proxy
  • Hosting malware
  • Distributing or hosting copyrighted material
  • Distributing or hosting pornography
  • Disrupting Derailed Hosting or ByteHosting services
  • Running network scans
  • Doing DDoS or DoS attacks
  • Running a phishing or otherwise illegal site
  • Distributing or hosting illegal content
  • Distributing or hosting illegal pirated software
  • Hosting a game server that is not allowed by the game's EULA
If the customer does not follow this policy, Derailed Hosting reserves the right to suspend or terminate the customer's service, without notice, and without refund.