Effective Date: December 24th, 2024

 

Last Updated: December 23rd, 2024

 

Railway Hosting LLC (hereinafter referred to as "we", "us", or "our") provides a web hosting service for gaming servers. These Terms and Conditions (the "Agreement") govern the use of our services by you ("you" or "your"). By using our services, you agree to be bound by these terms.

 

1. DEFINITIONS

 

* "Server" means a virtual or physical server provided by us for hosting gaming servers.

* "Gaming Server" means a server hosted on our platform that is used for online gaming purposes.

* "User Account" means an account created by you to access and use our services.

 

2. ACCEPTANCE OF TERMS

 

By registering for a User Account, accessing, or using our services, or clicking "accept" (or similar button) on these Terms and Conditions, you agree to be bound by the terms of this Agreement. If you do not wish to be bound by this Agreement, please do not use our services.

 

3. SERVICE DESCRIPTION

 

We provide a platform for hosting gaming servers. Our services include:

 

* Server hosting: We will host your Gaming Server on our infrastructure.

* Bandwidth and storage: We will provide the necessary bandwidth and storage for your Gaming Server.

* Network connectivity: We will ensure that your Gaming Server has access to the internet.

 

4. CUSTOMER RESPONSIBILITIES

 

You are responsible for:

 

* Providing accurate and complete information when creating a User Account or registering a Gaming Server.

* Ensuring the security of your User Account and Gaming Server.

* Complying with applicable laws, regulations, and industry standards when using our services.

* Not using our services for any unlawful purpose whatsoever, including, but not limited to illegal gambling, pornography, offering of fraudulent or unlawful services or products or any practice which may bring discredit to us or create any financial liability to us. You must fully comply with our Acceptable Use Policy described below. 

*You expressly assume all liability for all uses by you and agree to hold us harmless from any liability resulting from your actions or uses, as set forth in our Indemnification and Limitation of Liability provisions, set forth below.  

 

5. PAYMENT TERMS

 

You agree to pay all fees associated with our services, including setup fees, recurring monthly fees, and any additional charges (such as bandwidth overages). We reserve the right to charge your credit card or other payment method on file without notice to pay these fees.

 

6. REFUND POLICY

 

At Railway Hosting, we strive to provide top-notch hosting services to our customers. However, due to the nature of our business and the resources invested in setting up each account, we generally do not offer refunds, except for the following:

 

Exceptions

 Technical issues: In rare cases where we are unable to provide the agreed-upon services due to technical issues or service disruption on our end, we may issue a partial refund based upon the duration of the disruption.

 

Refund Amount

 

If a refund is issued, it will be calculated based on the unused portion of your payment and any applicable taxes or fees. Refunds are typically made using the original payment method (e.g., credit card, PayPal).

 

Refund Processing Time 

Refunds will be processed within 15 business days from the date of our decision to provide a refund.

 

Important Notes

 

a). No refunds for services after your term of use has commenced: If your account has not become active, we may consider providing a partial or full refund in exceptional circumstances.

b). Taxes and fees are non-refundable: Any taxes or fees associated with your service, including domain registration and renewal, will not be refunded.

 

Changes to this Refund Policy

 

Railway Hosting reserves the right to modify or update our Refund Policy at any time without prior notice. Any changes will be effective upon posting on our website.

 

Acceptance of this Refund Policy

 

By using Railway Hosting's services, you acknowledge that you have read and understand our Refund Policy. We encourage you to review it carefully before making a purchase.

 

7. SERVER RESPONSIBILITIES

 

You agree to ensure that your Gaming Server complies with our Acceptable Use Policy (AUP), which is incorporated into this Agreement by reference.

 

8. ACCEPTABLE USE POLICY (AUP)

 

We prohibit the following activities on our servers:

 

* Hosting or transmitting any content that is illegal, obscene, defamatory, libelous, or infringing on the rights of others.

* Engaging in any activity that would compromise the security or stability of our servers or network.

 

9. EULA AND TERMS OF SERVICE COMPLIANCE

 

You acknowledge and agree to comply with all End-User License Agreements (EULAs) and Terms of Service for game developers, including, but not limited to:

 

* Valve Corporation's Steam Subscriber Agreement

* Blizzard Entertainment's Game Service Agreement

* Electronic Arts' User Agreement

* Riot Games' Terms of Use

* Minecraft's End User License Agreement (EULA) 

 Failure to comply with the EULA or Terms of Service for a game developer may result in the termination of your account without notice. You are solely responsible for ensuring that you have read, understood, and complied with all applicable EULAs and Terms of Service.

 

10. INDEMNIFICATION

 

You agree to indemnify and hold harmless us, our officers, directors, employees, agents, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of our services.

 

11. LIMITATION OF LIABILITY

 

We are not responsible for:

 

* Any loss or damage caused by you or a third-party's actions.

* Any failure to perform due to circumstances beyond our control (such as natural disasters).

 

12. SERVICE UPGRADES AND DOWNGRADES

 

We reserve the right to upgrade or downgrade your Server at any time.

 

13. TERMINATION OF SERVICES

 

We may terminate this Agreement and suspend or terminate your User Account at any time, with or without cause. We will make all reasonable efforts to provide you with notice of termination.

 

14. GOVERNING LAW AND JURISDICTION

 

This Agreement shall be governed by and construed in accordance with the laws of The United States and the State of Colorado. Any disputes arising out of this Agreement shall be resolved through binding arbitration, as per our Arbitration Clause set forth below.

 

15. CHANGES TO TERMS AND CONDITIONS

 

We reserve the right to change these Terms and Conditions at any time.

 

16.  ARBITRATION CLAUSE

 

In the event a dispute shall arise between the parties to this agreement, it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration. The arbitrator’s decision shall be final, and binding, and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

 

17. MONITORING

By using our Services, you acknowledge that we may monitor and review all files and data stored on our servers for the purpose of ensuring compliance with these Terms and Conditions and detecting malware or illegal content.

18. ADDITIONAL GUIDELINES

In addition to the terms and conditions outlined above, users must also adhere to the following additional guidelines: 

    Our Server Usage Guidelines(SUG) that can be found here or  with the following link. https://railwayhosting.com/sug

19. CONTACT INFORMATION

 

If you have any questions or concerns about these Terms and Conditions, please contact us:

 

Email: support@railwayhosting.com

 

By using our services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.

 

 

Railway Hosting LLC