Terms of Service
Pufferfish Studios LLC (“Pufferfish Host”) agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”).
Pufferfish Studios LLC, the company hereafter referred to as, (“Pufferfish Host”), any of its subsidiaries, (“Us”), (“We”) and The Client, (“Customer”), (“Client”) and (“You”).
The use of Pufferfish Host constitutes acceptance and agreement to AUP (“Acceptable Use Policy”) and ToS (“Terms of Service”).
All provisions of this contract are subject to change from time to time at the discretion of Pufferfish Host without notice. Subscriber understands that change to the ToS by Pufferfish Host shall not be grounds for early contract termination or non-payment.
Servers are eligible for full refunds within 24 hours of the creation of the server in our database. This point is not necessarily marked by the time at which your initial payment is processed and may differ by some period of time. All completed server upgrade orders are final and not refundable.
Any service purchased with a promotional code is not eligible for refund. We reserve the right to deny a request for a refund for any reason.
We may require additional information in order to process any refunds. After receiving a refund request, we will process the refund through the payment gateway that you used. Your server will then be immediately terminated and all data destroyed. We are not responsible for any subsequent charges or late issuance of the refund.
If we receive a chargeback, your account will be banned from our platform and we may report you as fraudulent through the appropriate channels. Any services will be immediately terminated and all data destroyed.
Service cancellations must be placed via the Request Cancellation area in our client panel.
The client will have the option to specify an immediate service cancellation or a cancellation at the end of the billing period for the service in question. Immediate cancellations are permanent and cannot be aborted. Immediate cancellations will immediately render services terminated and all data will be destroyed. A cancellation request does not guarantee a refund – refunds must be explicitly requested prior to cancellation and are subject to our refund policy.
An invoice will be added to your account on the day your server is set to be renewed. You will receive an email reminding you to pay your invoice if payment cannot be automatically collected on the due date. After your invoice is overdue by 1 day your server will be suspended and your service will be considered expired. If your server is suspended, it is eligible to be terminated at any time. You will be reminded via email of your service being overdue on day 3 and day 6 after the invoice's due date, if it has not yet been terminated. Seven days after your service has expired your service will be terminated, if it has not been terminated already, and all data will be destroyed.
We reserve the right to make pricing and promotion adjustments at any time. In the event that your bill will increase as a result of pricing or promotion changes, you will be provided a minimum of 7 days' notice. After this 7 day period, you authorize us to bill you at the increased price. If your bill will decrease as a result of pricing changes, notice may not be provided, and your bill will be automatically adjusted accordingly.
Limited Liability and Exclusion
Pufferfish Host, under no circumstances, shall be held liable for any data loss, disruption of information, or distribution of information including but not limited to that of unauthorized access to our server systems or any other loss of data. Pufferfish Host shall not be held liable for any disruption, delay, or disconnection of services for any period of time.
Pufferfish Host is not responsible for any actions taken place in or on our game servers themselves. The sole role of Pufferfish Host is to provide server connectivity.
Pufferfish Host is not responsible for any damage, alterations or actions taken by an additional user account. Additional user accounts are added at the sole discretion of the client.
Pufferfish Host is not responsible for notifications of invoices due. It’s the sole responsibility of the client to ensure that they are receiving emails from Pufferfish Host and that they are up to date on payments to Pufferfish Host.
Pufferfish Host is not responsible for the public release of any mod pack(s), plugin pack(s), mod pack setup(s), or plugin setup(s) that have been created. If a client chooses to publicize any pack or setup created by Pufferfish Host, it is then the client’s responsibility to contact each author for permission to distribute the mods and plugins included.
Pufferfish Host is not liable for any changes made outside of the initial server configuration. We also reserve the right to refuse support for 3rd party software that is not included in the original server setup by Pufferfish Host.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PUFFERFISH HOST BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST SAVINGS, LOST OR CORRUPTED CONTENT DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF CONTENT DATA, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF CAPITAL (IN EACH CASE, WHETHER DIRECT OR INDIRECT) OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PUFFERFISH HOST SERVICES FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF PUFFERFISH HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT FOR LIABILITY ARISING OUT OF PUFFERFISH HOST'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14, THE AGGREGATE LIABILITY OF PUFFERFISH HOST IN CONNECTION WITH ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PUFFERFISH HOST SERVICES FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO: (i) THE AMOUNT PAID TO PUFFERFISH HOST FOR THE PUFFERFISH HOST SERVICES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DAMAGES; OR (ii) IF GREATER, SUCH AMOUNT AS IS THE MINIMUM AMOUNT FOR WHICH PUFFERFISH HOST WOULD BE LIABLE UNDER APPLICABLE LAW.
Due to regulations, if you activate an affiliate account and share your affiliate link you must ensure that you have a clear and conspicuous disclosure of your relationship with Pufferfish Host. For more information on how to comply with these new regulations, please visit the link here.
Pufferfish Host will not be liable for any delay or failure to perform any obligations under this Agreement due to any cause beyond Pufferfish Host's reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war. If such a force majeure event occurs and continues for a period of more than thirty (30) calendar days, either party may terminate this Agreement upon written notice to the other party.
Any support requests required for products from Pufferfish Host shall be submitted through the billing system via tickets or through our discord server. If we believe that your server violates the Minecraft End User License Agreement, or if we believe that your server is using “cracked” or illegally obtained worlds, plugins, mods, or the like, we reserve the right to refuse any and all support to your server.
While we offer instant database creation from our control panel, you need to understand that our databases are provided as a free service. Because of this we do not hold any liability for MySQL data loss or corruption. By using a database provided by Pufferfish Host, you understand that we reserve the sole right to terminate it if we deem it necessary. Additionally, our MySQL service is not to be used for personal use, this is not limited to but includes the usage of MySQL for private websites, and other non-server uses.
Pufferfish Host cannot guarantee that all promotions and promo codes will remain operational at all times.
Pufferfish Host retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising whether it is through violation of this policy or any other illegal occurrence requiring the involvement of law-enforcement agencies.
Pufferfish Host regards any communication between parties as confidential, upon distribution of any communication, unless prior approval is in place, we will take action to the fullest extent of the law. By purchasing a server from Pufferfish Host you permit us to modify your server, this includes, but is not limited to, changing plugins, updating your server jar and other tasks related to running a Minecraft server.
Any verbal or written threats to compromise our server systems or any other equipment owned by Pufferfish Host or any of its subsidiaries or affiliates will be taken seriously and will result in further investigation and potentially litigation. Upon cancellation of payments to Pufferfish Host your server will be suspended. Pufferfish Host retains the sole right to stop, start, and modify your server.
If we find your server using any sort of system to bypass limits put on your server (such as CPU threads or RAM amount) your server is subject to being terminated without refund.
Additionally, we reserve all rights to terminate your server or service upon any violation of these terms, or any other basis if deemed needed.
We reserve the right to terminate our service offerings at any time, without liability. In this event, we will make every attempt to provide as much notice to you as possible to allow time to migrate to another provider.
Acceptable Use Policy
Pufferfish Host services may not be used for illegal purposes or in support of illegal activities.
Pufferfish Host reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong doing.
Use of the Pufferfish Host services to transmit any material (by e-mail, uploading, posting or otherwise sharing) that threatens or encourages bodily harm or destruction of property is strictly forbidden.
Use of the Pufferfish Host services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is strictly forbidden.
Forgery or Impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Use of Pufferfish Host services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters” is forbidden.
Use of the Pufferfish Host service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Pufferfish Host or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Pufferfish Host account is subject to immediate termination and further investigation.
Network disruptions and unfriendly activity
Use of the Pufferfish Host service for any activity which affects the ability of other people or systems to use Pufferfish Host Services or the Internet is forbidden. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Pufferfish Host will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Fraud is strictly prohibited and offenses will be investigated.
Third-party Links, Sites and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pufferfish Host. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Pufferfish Host, you do so at your own risk and you agree that Pufferfish Host will have no liability arising from your use of or access to any third-party website, service, or content.