Terms of service - exaroton

Welcome to the terms of service for exaroton.
The following terms and conditions apply to every registered account on the website exaroton.com and all corresponding services (henceforth referred to as “website”), e.g. the operated game servers (henceforth referred to as “server”). When signing up on the website you have to agree to these terms and conditions.

The website is operated by the Aternos GmbH (henceforth referred to as “we”/”us”):

Aternos GmbH
Konrad-Adenauer-Platz 28
53225 Bonn
+49 228 61994101

Represented by: Matthias Neid ([email protected])

§1 - Availability of our services

The website and all corresponding services are usually available 24 hours per day. But interruptions of this availability might occur because of planned maintenance or unforeseen events. A faultless operation of the website is technically impossible and therefore we cannot accept the responsibility for errors of any kind.
We always try to ensure that all your data is saved correctly and available at any time, especially the files of the provided services. But it’s possible that there are failures while transmitting, storing, retrieving, or operating those services, which leads to a partial or full loss of data. We don’t assume any liability related to lost data or resulting damages. The user is responsible for creating backups using the tools provided by us.
Furthermore, the availability of the website depends on conditions and benefits beyond our influence, e.g. a user’s internet connection. We are not responsible for disturbances caused by those conditions.

§2 - User account

Access to most functions of the website requires the creation of a user account. For this purpose, a username and an email address must be provided. The authentication of the account can either be done using a password or a third-party account (Google). If password authentication is used, two-factor authentication can be enabled additionally in the account settings. When using a third-party account as authentication, it must be linked to a valid email address.
Since the email address is used for the payment process, among other things, it must be valid and functional. If an account is not created using a third-party account, this is ensured by a verification email containing a link, that needs to be opened in a web browser. Before this verification, certain functions on the website, e.g. buying Credits, cannot be used. If the email address of an account is changed, it needs to be verified again.
You are responsible for ensuring the confidentiality of your account credentials, i.e. your password or your third-party account, and for restricting access to your devices. To the extent permitted by applicable law, you agree that you are responsible for all activities that occur under your account.
You are solely responsible for any loss of access, such as loss of password, third-party account, or two-factor authentication. A recovery of access through the linked email address is generally possible, but not guaranteed. In the event of a complete loss of access, we will not be able to provide a refund or give you access to any account data.
We reserve the right to deny you access to our website and services and to close your account immediately without giving any reason. This applies in particular in case of violation of applicable law or our terms of service. A refund is not possible.
Additionally, we reserve the right to access your account and all related services and data at any time without notice and to modify or delete them.
You can close your account at any time in the account settings, whereby it will be deleted automatically after 7 days. Within this period, the closure can be aborted at any time by logging into the account again. After this period, all account data will be permanently deleted and all existing values within the account will expire. A refund is not possible.
On the website, it is possible to grant other users access to certain features and settings of your servers. You are always responsible for servers created under your account and must ensure that other users only use them in accordance with these terms of service. All actions taken by other users on your servers are final and cannot be undone or tracked.

§3 - Credits

You can acquire “Credits” on our website. The purchase of those Credits is carried out by the third-party providers Paddle or Tebex. Therefore their buyer terms and conditions apply:
https://paddle.com/legal-buyers/
https://checkout.tebex.io/terms
You can refund every purchase within 14 days without giving any reason if the corresponding amount of credits is still available in your account, which means that the delivery of the services hasn’t started yet. You can request a refund on our website. The refund is carried out by Tebex or Paddle and their refund policy might apply:
https://paddle.com/legal-buyers/#refund-policy
In special refund cases, it’s possible that more Credits are refunded than available in your account. The Credits are deducted from your account then, resulting in a negative Credits balance. The accessibility of parts of our service is restricted until this negative balance is compensated. We also reserve the right to immediately delete your account and all related data.
It’s not possible to refund Credits in any other way. It’s also not possible to move Credits to a different account after purchase.
Credits can be used for our offered services, e.g. to operate a server. There is a basic fee of 10 Credits per server every 30 days. Those Credits are deducted from your account at the end of this period. After that, the next period starts if any Credits are still available in your account. The period cannot be renewed if there are no Credits available, which leads to the immediate deletion of your server. The basic fee of 10 Credits can be reduced by using Credits to run the server. One credit is deducted from the basic fee for every Credit used to run the server in the current period. This is possible for up to 10 Credits, which means that the basic fee is at 0 Credits then.
Running servers is the main use for Credits. A server can be shut down while it’s not used, which means that only the basic fee is due. When the server is started, a usage fee is calculated using the runtime and the assigned memory (RAM). One Credit is due per assigned Gibibyte (GiB) of RAM and hour. The calculation is done per second and rounded up to the next hundredth of a Credit. A usage billing period starts when the server loads (represented by the “Loading…” status) and ends after the server has stopped (“Stopping…” status).
It’s possible that the billing period is interrupted by an automated restart of your server. This is done e.g. for maintenance or for load balancing. Usually, compensation using the runtime calculation is added to your account, but this is not guaranteed and you are not entitled to any refund.
Provided functionalities such as the automated server start and stop are not guaranteed to work correctly and you are not entitled to a refund for malfunctions of those functionalities.
The billing of Credits also happens when the provided service is unavailable for technical or other reasons for one or multiple users. An automated or manual refund is possible but not guaranteed.
Credits can also not be refunded if other users with access to your server are using them without your knowledge or permission.
You usually get 5 Credits in your account free of charge when signing up to test our services. You are not entitled to those Credits or a refund.

§4 - Support

If you have any questions about your user account or the provided services, you can contact our customer support ([email protected]), who will try to help you with any problems. It might, however, take some time before you receive an answer to your request and we do not guarantee an answer to support requests.
Especially for questions regarding content that is not directly related to our website such as third-party plugins or mods, our support might not be able to help you. In such cases, please search for a solution yourself or contact the support of the content in question.

§5 - Third-party content

Our website offers the ability to install or upload content from third-parties (software, mods, plugins, add-ons, etc.). We can’t guarantee that that content is functional, updated or safe. This is especially true for uploaded content. We also can’t provide any support for third-party content.
You have to ensure that the third-party content installed or uploaded by you is from trustworthy sources and that you are respecting all rights of any involved party. This explicitly includes the Minecraft / Mojang Studios End User License Agreement:
https://account.mojang.com/documents/minecraft_eula

§6 - Abuse

You agree to use the provided services only for their intended purpose and to comply with applicable law. The abuse of services or the circumvention of the technical restrictions and limitations in place is prohibited. Likewise, disproportionate use of the provided resources is to be avoided. We reserve the right to delete your user account and all associated data immediately.
Serious misuses such as attacks against the infrastructure of our website or third parties (e.g. the execution of DDOS attacks or malicious programs), fraud, or other criminally relevant activities can be reported to law enforcement.

§7 - Final clauses

We reserve the right to change our website and our services including these terms of service at any time.
If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision.
If you violate these terms and conditions, and we don’t take action against you, we are still entitled to enforce our rights when you violate these terms of service.