Terms of Service

Welcome to Cosmic Host (“Cosmic Host,” “we,” “us,” or “our”). By purchasing or using any of our services, including our Minecraft hosting and web hosting (e.g., WordPress), you (“Client,” “Customer,” or “User”) agree to abide by the following Terms of Service (“TOS”). These Terms of Service apply to all services we offer now or in the future and constitute a legally binding agreement between you and Cosmic Host.

If you do not agree with any of these terms, you must discontinue use of our services immediately. Violation of these terms may result in suspension or termination of your account without notice or refund.

1. Definitions

1. 1.1 Services
   Refers to the hosting services provided by Cosmic Host, including (but not limited to) Minecraft server hosting, WordPress hosting, shared web hosting, dedicated hosting, virtual private servers, and any additional or related offerings.
2. 1.2 Account
   Refers to the user account you create to use or manage our Services. This includes all credentials such as usernames, passwords, API keys, and any other authentication methods provided.
3. 1.3 User Content
   Refers to any data, text, software, music, sound, photographs, graphics, video, messages, or other materials that you, the User, upload to or host on our Services.
4. 1.4 Client Portal
   Refers to the online interface provided by Cosmic Host through which you can manage your Services, billing, support tickets, and account details.
5. 1.5 Subscription
   Refers to the periodic billing arrangement (monthly, quarterly, annually, or otherwise) you have selected for your Services.
6. 1.6 Plan
   A specific package of resources and features (e.g., certain amounts of RAM, storage, or bandwidth) associated with a Service.

2. Acceptance and Modifications

1. 2.1 Acceptance of Terms
   By creating an Account or using our Services, you expressly acknowledge that you have read, understood, and agree to be bound by these TOS, as well as any additional rules, guidelines, or policies referenced herein (including our Privacy Policy).
2. 2.2 Modification of TOS
   We reserve the right to modify, update, or replace any part of these TOS at any time, at our sole discretion, without prior notice.
   Any changes become effective upon posting to our website (https://cosmic-host.com).
   It is your responsibility to review these TOS periodically to stay informed of any updates.
   Your continued use of the Services after any modifications constitute acceptance of the revised terms.
3. 2.3 Notification of Changes
   While we will attempt to notify you (e.g., via email, platform notifications) of major revisions, we are not obligated to do so in all cases.
   We encourage all users to regularly check the Terms of Service page for the most up-to-date version.

3. Eligibility

1. 3.1 Minimum Age Requirement
   

   You must be at least 18 years of age or the age of majority in your jurisdiction to create an Account and use our Services.

   If you are under the age of 18 (or the applicable age of majority), you may only use our Services under the direct supervision and approval of a parent or legal guardian who agrees to be bound by these TOS.

2. 3.2 Legal Capacity
   

   By using our Services, you represent and warrant that you have the full legal capacity to enter into these TOS and to be legally bound by them.

   You may not use our Services if you are barred by law in your country of residence or any other applicable jurisdiction from receiving such services.

3. 3.3 Parental or Guardian Consent
   

   If you permit a minor to use your Account, you remain fully responsible for all actions taken and all fees incurred by that minor.

   We reserve the right to request written proof of such consent at any time if we suspect a user is a minor without proper supervision.

4. Account Registration and Security

1. 4.1 Account Creation
   

   You agree to provide accurate, current, and complete information during the registration process.

   You must keep your contact and billing information up to date in our Client Portal at all times.

2. 4.2 Account Security
   

   You are responsible for maintaining the confidentiality of all login credentials, including usernames, passwords, and API keys.

   You agree to take reasonable steps to prevent unauthorized access to your Account (e.g., using strong passwords, enabling two-factor authentication if available).

3. 4.3 Responsibility for Activities
   

   Any activity that occurs under your Account is your sole responsibility.

   You must notify us immediately at support@cosmiclabz.com if you suspect unauthorized access or any other breach of security.

4. 4.4 Accuracy of Information
   

   Providing false or inaccurate information may result in suspension or termination of your Account.

   In certain cases, we may request additional documentation (e.g., government-issued ID) to verify your identity.

5. Description of Services

a. Minecraft Hosting

1. 5.1a Server Setup
   

   We provide the infrastructure to host Minecraft servers, including access to control panels (where applicable), console logs, and file management.

   You are responsible for configuring the server (e.g., game modes, plugins, mods) in compliance with Mojang's End User License Agreement (EULA) and these TOS.

2. 5.2a Custom Modifications
   

   You may install third-party mods, plugins, or other software on your Minecraft server at your own risk.

   We do not guarantee compatibility with all third-party modifications, and installation of certain modifications may void any support we offer.

3. 5.3a Compliance with Mojang EULA
   

   By hosting a Minecraft server, you agree to adhere to Mojang's EULA.

   You are responsible for ensuring that your use of the game (including monetization, if any) does not violate Mojang's policies or local regulations.

4. 5.4a Player Conduct
   

   You are responsible for the conduct of players on your server.

   Any harassment, hate speech, or illegal activity occurring on your server may lead to account suspension or termination if not addressed promptly.

b. Web Hosting (e.g., WordPress)

1. 5.1b Shared, VPS, or Dedicated Hosting
   

   We offer hosting solutions where you can install and manage websites, including WordPress or other Content Management Systems (CMS).

   You are responsible for updating, patching, and maintaining your website software to ensure security and performance.

2. 5.2b Website Content
   

   You are solely responsible for all content published on your hosted website, including text, images, videos, and any other media.

   Your content must comply with all relevant laws, including copyright, trademark, and privacy regulations.

3. 5.3b Security and Updates
   

   It is your responsibility to keep themes, plugins, and core software up to date to prevent security vulnerabilities.

   We may, at our sole discretion, implement mandatory patches or updates if we identify a severe security risk.

4. 5.4b Backups
   

   Although we may maintain automated backups, you should maintain your own independent backups of your website data and configurations.

   We cannot guarantee the integrity or availability of our courtesy backups.

6. User Responsibilities and Acceptable Use

1. 6.1 Legal Compliance
   You agree not to use our Services for any purpose that violates local, state, national, or international laws or regulations, including, but not limited to, laws related to intellectual property, fraud, cyber crime, or privacy.
2. 6.2 Prohibited Activities
   You agree not to:
   • Promote or engage in illegal activities, such as hacking, phishing, fraud, money laundering, or terrorism-related activities.
   • Threaten, harass, abuse, or violate others' legal rights, including privacy or freedom of expression.
   • Upload or distribute malicious software, viruses, worms, Trojan horses, or any other harmful or destructive code.
   • Interfere with or disrupt our servers, networks, or other users' Services.
   • Attempt to gain unauthorized access to our systems or other users' accounts or data.
   • Use excessive server resources (e.g., CPU, RAM, bandwidth) to a point where it degrades the performance of the hosting environment for others.
   • Store or transmit large volumes of data that are not directly related to your hosted content or services (e.g., offsite backups unrelated to your hosting plan).
3. 6.3 Inappropriate or Illegal Content
   

   You may not host, display, or transmit content that is obscene, defamatory, libelous, or otherwise objectionable.

   Content that promotes or depicts sexual exploitation of minors, hate speech, or graphic violence is strictly prohibited.

4. 6.4 Spam and Bulk Email
   

   You may not use our Services to send unsolicited bulk emails (“spam”) or run email lists that do not comply with applicable anti-spam laws (e.g., CAN-SPAM Act).

   Violations may result in immediate termination of Services without notice or refund.

5. 6.5 Monitoring and Enforcement
   

   We reserve the right (but undertake no obligation) to monitor any activity or content associated with our Services.

   If, in our sole discretion, we determine that you or your content violates these TOS or applicable law, we may remove content, suspend, or terminate your Account without prior notice or refund.

7. Payments, Fees, and Billing

1. 7.1 Payment Methods
   

   We accept various payment methods (e.g., credit/debit card, PayPal, cryptocurrency if offered).

   The available methods will be displayed during checkout or in your Client Portal.

2. 7.2 Billing Cycles
   

   Services are typically billed on a recurring cycle (monthly, quarterly, yearly, etc.) as chosen during sign-up.

   You are responsible for ensuring that payments are made on or before the due date.

3. 7.3 Automatic Renewal
   

   Unless canceled, your subscription will automatically renew at the end of each billing cycle.

   You must maintain a valid payment method on file or otherwise ensure payment is made before the renewal date.

4. 7.4 Late Payments
   

   If payment is not received by the due date, we reserve the right to suspend or terminate your Services.

   We may offer a short grace period at our discretion, but we are not obligated to do so.

   After suspension or termination, we may delete any data associated with your Account.

5. 7.5 Price Changes
   

   We may adjust our fees at any time. In such cases, we will provide at least 14 days' notice via email or an announcement on our website.

   New pricing becomes effective upon the next billing cycle unless otherwise stated.

6. 7.6 Taxes
   

   You are responsible for any taxes (e.g., VAT, sales tax) that may be applicable based on your billing address and local tax regulations.

   Any listed prices may be exclusive of such taxes unless explicitly stated.

8. Cancellations and Refunds

1. 8.1 Cancellation Procedure
   

   You may cancel your Services at any time by accessing the cancellation option in the Client Portal or by submitting a written request to our support team.

   It is your responsibility to cancel any automatic payment subscriptions (e.g., PayPal recurring payments).

2. 8.2 Refund Policy
   

   A maximum refund period of 3 days from the date of purchase applies, if eligible. Eligibility is determined solely at our discretion on a case-by-case basis.

   Refunds, if approved, will exclude any non-refundable fees (e.g., domain registrations, setup fees).

3. 8.3 Refund Requests
   

   Refund requests must be submitted within the 3-day period. No exceptions will be made.

   Approval of refund requests is entirely at our discretion, and we reserve the right to deny any request.

4. 8.4 No Partial Refunds
   If you cancel before the end of your billing cycle, you are not entitled to a prorated refund unless specifically stated in a promotional offer.
5. 8.5 Chargebacks and Payment Disputes
   

   Initiating a chargeback or dispute without contacting us first may result in immediate service termination and permanent account closure.

   You may be liable for any fees incurred due to the chargeback.

9. Backups and Data Loss

1. 9.1 User Responsibility
   

   It is your responsibility to maintain regular backups of all your data, including Minecraft server files, website databases, and site content.

   Do not rely solely on any automated backups we may provide.

2. 9.2 Courtesy Backups
   

   We may perform routine backups of our hosting environments for internal or emergency purposes. However, these backups are not guaranteed to be complete, up-to-date, or available.

   In the event of data loss, we will attempt to restore from our available backups but do not guarantee success or completeness.

3. 9.3 Limitation of Liability
   Cosmic Host is not liable for any loss of data, revenue, or other damages arising from system failures, hardware issues, user error, or any other cause of data loss.
4. 9.4 Disaster Recovery
   

   In rare cases of catastrophic failure or force majeure events, data may be irretrievably lost.

   We strongly recommend maintaining offsite backups or using third-party backup solutions.

10. Resource Usage, Fair Use, and Suspension

1. 10.1 Resource Allocations
   

   Each Plan includes certain quotas (e.g., RAM, storage, bandwidth). You must monitor and manage your usage so as not to exceed these limits.

   Excess usage may result in overage fees, throttling, suspension, or an upgrade requirement.

2. 10.2 Fair Use Policy
   

   Our Fair Use Policy ensures that all users receive the best possible service.

   Activities that disproportionately consume server resources (e.g., running cryptocurrency mining software, operating large file-sharing networks, etc.) are prohibited unless explicitly authorized by us.

3. 10.3 Suspension or Termination
   

   If you exceed your allocated resources or violate these TOS (including the Acceptable Use Policy), we may suspend or terminate your Services immediately.

   We will attempt to provide notice and an opportunity to rectify the situation, but we are not obligated to do so if the violation is severe or ongoing.

4. 10.4 Upgrades and Downgrades
   

   You may request to upgrade or downgrade your Plan at any time, subject to the available options in the Client Portal.

   Plan changes may result in prorated charges or credits depending on the timing within your billing cycle.

11. Intellectual Property

1. 11.1 Cosmic Host Materials
   

   We (Cosmic Host) own all rights, title, and interest in and to our branding, logos, website design, and all other materials produced by or for us.

   You may not use, copy, or imitate any Cosmic Host trademarks, trade dress, or domain names without our prior written consent.

2. 11.2 User Content
   

   You retain all rights to the content you upload or create using our Services.

   By hosting or uploading content on our servers, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content solely for the purpose of providing and improving our Services.

3. 11.3 Copyright and DMCA Compliance
   

   If you believe your work has been copied and is accessible on our Services in a way that constitutes copyright infringement, you may submit a notification to our designated DMCA agent (contact information found in Section 19).

   We reserve the right to remove or disable access to infringing content and terminate repeat infringer Accounts.

4. 11.4 Third-Party Software
   If you install or use any third-party software (e.g., WordPress plugins, Minecraft mods) on our Services, you are responsible for ensuring compliance with any licenses or terms governing such software.

12. Disclaimer of Warranties

1. 12.1 As-Is Basis
   Our Services are provided on an “as is” and “as available” basis without any warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
2. 12.2 Service Interruptions
   We do not guarantee that the Services will be uninterrupted, error-free, or secure.
   Scheduled or emergency maintenance, hardware or software failures, and other factors may result in temporary downtime.
3. 12.3 Third-Party Interactions
   Any interactions or transactions with third parties (e.g., plugin developers, external payment gateways) are solely between you and those third parties.
   We are not responsible or liable for any loss or damage of any sort incurred as a result of such dealings.
4. 12.4 Performance Metrics
   While we strive to provide accurate server performance (e.g., uptime, responsiveness), these metrics can vary based on factors outside our control (e.g., user configurations, third-party software).

13. Limitation of Liability

1. 13.1 Indirect Damages
   To the fullest extent permitted by law, Cosmic Host and its affiliates, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, goodwill, data, or other intangible losses.
2. 13.2 Maximum Liability
   In no event shall our total liability to you for all claims arising out of or relating to these TOS exceed the amount you have paid to us for the Services in the three (3) months preceding the event giving rise to the claim.
3. 13.3 Jurisdictional Limitations
   Certain jurisdictions may not permit the exclusion or limitation of liability for incidental or consequential damages.
   In such cases, our liability will be limited to the maximum extent allowed by applicable law.

14. Indemnification

1. 14.1 Your Responsibility
   

   You agree to indemnify, defend, and hold harmless Cosmic Host, its affiliates, employees, and agents from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

   a. Your use or misuse of the Services.
   b. Any breach or alleged breach of these TOS.
   c. Your violation of any third-party rights, including intellectual property, privacy, or other personal or proprietary rights.
   d. Any content you submit, post, or transmit through our Services.
2. 14.2 Defense and Settlement
   We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you.
   You agree to cooperate with our defense of these claims and may not settle any claim without our prior written consent.

15. Termination

1. 15.1 Termination by Cosmic Host
   We reserve the right to terminate or suspend your Account or Services immediately, without prior notice or liability, for any reason, including (but not limited to) breach of these TOS or our Acceptable Use Policy.
   Termination may result in the forfeiture of any prepaid fees and the deletion of your data.
2. 15.2 Termination by User
   You may terminate these TOS by canceling your Services in the Client Portal and discontinuing use of our Services.
   Upon termination, you are responsible for any outstanding fees.
3. 15.3 Post-Termination Data
   We are not responsible for retaining any of your data after termination.
   It is your obligation to back up your data prior to cancellation or termination.
4. 15.4 Survival of Terms
   Any provisions in these TOS that by their nature should survive termination (e.g., Intellectual Property, Indemnification, Limitation of Liability) will remain in effect.

16. Governing Law and Dispute Resolution

1. 16.1 Governing Law
   These TOS and any matters arising out of or relating to them shall be governed by and construed in accordance with the laws of the jurisdiction in which Cosmic Host is registered, without regard to its conflict of laws principles.
2. 16.2 Jurisdiction and Venue
   You agree to submit to the personal jurisdiction of the courts located in that jurisdiction for the purpose of litigating any claims or disputes arising out of these TOS or the Services.
3. 16.3 Alternative Dispute Resolution (If Applicable)
   We may offer or require arbitration or mediation for certain disputes. Specific processes (e.g., binding arbitration) will be outlined in a separate policy, if applicable.
4. 16.4 Class Action Waiver (If Applicable)
   Where permitted by law, you agree to resolve any disputes on an individual basis and waive any right to participate in a class or collective action.

17. Force Majeure

1. 17.1 Definition
   A “Force Majeure” event includes any act or event beyond our reasonable control, such as natural disasters, war, terrorism, civil unrest, labor disputes, power failures, or internet disruptions.
2. 17.2 Limitation of Liability
   We shall not be liable or responsible for any failure or delay in the performance of our obligations under these TOS if such failure or delay is caused by or results from Force Majeure events.
3. 17.3 Notification
   We will make reasonable efforts to notify you if a Force Majeure event occurs that impacts our ability to provide the Services.

18. Entire Agreement

1. 18.1 Integration
   

   These TOS, along with any policies or operating rules posted by us (including our Privacy Policy), constitute the entire agreement between you and Cosmic Host regarding your use of our Services.

   They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us.

2. 18.2 Severability
   If any provision of these TOS is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.
3. 18.3 No Waiver
   Our failure to enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

19. Contact Information

For questions, concerns, or clarifications regarding these Terms of Service, please contact us at:

Website: https://cosmic-host.com
Email: support@cosmiclabz.com

We strive to respond to all inquiries promptly, typically within one to two business days. For urgent issues, please open a support ticket through our Client Portal for the fastest response.