Terms of Service and Privacy Policy

These Terms set out the rules for providing services by electronic means by the Operator and constitute the terms of service referred to in Article 8 of the Polish Act on Providing Services by Electronic Means.

The Operator is MineHost spółka z ograniczoną odpowiedzialnością, with its registered office in Kraków, os. Osiedle Złotej Jesieni 2 lok. 210, 31-826 Kraków, entered in the register of entrepreneurs of the Polish National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division, under number KRS 0001033793, tax identification number NIP 6783205884, statistical number REGON 525180702, share capital PLN 5,000.

The Operator can be contacted at [email protected] and through the ticket system in the Customer Panel. The Operator does not provide telephone contact. The address given in clause 2 is the address for service of correspondence. The address [email protected] also serves as the point of contact within the meaning of Articles 11 and 12 of Regulation (EU) 2022/2065.

These Terms are made available free of charge before the Agreement is concluded, in a manner that allows them to be obtained, reproduced and recorded. Provisions not made available to the Customer in that manner do not bind the Customer. The specification and price of the Plan presented in the Customer Panel at the time the order is placed also form an integral part of the Agreement.

Terms used in these Terms have the following meanings:

Operator: the entity identified in § 1 clause 2.

Customer: a natural person, a legal person or an organisational unit without legal personality to which the law grants legal capacity, which has concluded an Agreement or holds an Account.

Consumer: a Customer who is a natural person concluding an Agreement not directly connected with their business or professional activity (Article 22[1] of the Polish Civil Code).

PNPK: an entrepreneur with consumer rights, that is a natural person concluding an Agreement directly connected with their business activity where the content of the Agreement shows that it is not of a professional nature for that person (Article 7aa of the Polish Consumer Rights Act).

Customer Panel: the application available at panel.minehost.pl, in which the Customer orders and manages Services and the Account.

Service: game server hosting or a VPS server provided by the Operator, constituting a digital service within the meaning of Article 2 point 5a of the Polish Consumer Rights Act.

Plan: a variant of the Service with defined parameters and price.

Billing Period: the period paid for in advance by the Customer, counted from activation or renewal of the Service.

Account Balance: the funds of the Customer recorded in the Customer Panel.

Customer Content: data, files and software placed or processed within the Service by the Customer or by persons to whom the Customer granted access to the Service, including server users.

Rights granted to the Consumer under these Terms also apply to PNPK to the extent resulting from Article 7aa of the Polish Consumer Rights Act and Articles 385[5] and 556[4] of the Polish Civil Code.

The Operator provides hosting of Minecraft and Hytale game servers and of VPS servers, and makes available the Customer Panel and the ticket system. The parameters of the Plan, its price and the scope of performance are presented in the Customer Panel before an order is placed and form the content of the Agreement.

The Services are provided on infrastructure owned by the Operator and leased from OVH SAS, located within the European Economic Area. The Service is provided on a shared physical resource model, except for Plans marked as dedicated. The parameters of the Plan define the resources allocated to the Customer and not exclusive use of server components.

The Operator does not supply the Minecraft or Hytale games, licences for those games, server software, modifications or third party plugins. The Customer obtains the right to use such software independently and is responsible for using it in accordance with its licence. The Operator is not affiliated with Mojang Studios or with the developers and publishers of the other games whose servers it hosts.

Use of the Services requires:

• 1)a device with internet access and an active email address,
• 2)a current web browser with JavaScript and cookies enabled, for the Customer Panel,
• 3)a game client in a version matching the version running on the server, for a game server,
• 4)software supporting the SFTP protocol for access to server files, or SSH for VPS.

Use of services provided by electronic means involves the risk of unauthorised access to data, malicious software and interception of transmitted data. The Customer should use up to date software and unique passwords. The Customer must not supply content of an unlawful nature.

An Account is created by completing the registration form, providing an email address and ticking the box accepting these Terms and the Privacy Policy. That acceptance covers all Agreements subsequently concluded from the Account, in the wording of the Terms in force at the time the order is placed. The Account is free of charge and the agreement for maintaining it is concluded for an indefinite period. The Customer may terminate it at any time with immediate effect, if there are no active Services on the Account.

The registration form contains a separate box, not ticked by default, for consent to receive commercial communications. Giving that consent is not a condition for creating an Account or concluding an Agreement, and the scope of the consent and the way to withdraw it are set out in the Privacy Policy.

The Customer provides true data and updates it after any change, is responsible for keeping access credentials confidential and for the acts of persons to whom access to the Account or the Service was granted, and notifies the Operator without delay of any unauthorised access. The Operator may make activation of the Service conditional on confirmation of the data if it has reasonable doubts as to whether the data corresponds to the facts.

Information about Plans presented on the website and in the Customer Panel constitutes an invitation to conclude a contract and not an offer. An order is placed by selecting a Plan and a Billing Period, confirming the order with a button labelled with information about the obligation to pay, and making payment. The Agreement is concluded when the payment is credited and the Service is activated automatically.

The Agreement is concluded for a fixed term corresponding to the Billing Period paid for. The Service does not renew automatically and the Operator does not collect recurring payments without a separate instruction from the Customer.

The information referred to in Article 12 section 1 of the Polish Consumer Rights Act, including notice of the right of withdrawal from the Agreement and of the circumstances in which it is lost, is made available by the Operator in these Terms and in the Customer Panel before an order is placed, in a manner that allows it to be obtained, reproduced and recorded. The content of the order and confirmation of payment remain available in the Account history. By placing an order, the Consumer and PNPK request that performance of the Service begin before the withdrawal period expires. The effects of that request are set out in § 11.

An Agreement may be concluded by a person with full legal capacity. A person with limited legal capacity concludes an Agreement with the consent of their statutory representative, unless the Agreement is one of those commonly concluded in minor everyday matters. The Operator has no means of verifying the age of the Customer. If the Operator obtains credible information that an Agreement was concluded without the required consent, it sets a deadline for the statutory representative to confirm it and, in the absence of confirmation, terminates the Agreement and returns what it received, less the value of the Service actually used.

Prices presented in the Customer Panel are gross prices and cover the full cost of the Service for the selected Billing Period. Conversion into euro and US dollars is for information only and follows the exchange rate of the National Bank of Poland. Settlement takes place in the currency indicated at payment. A change in the price list does not affect the price of Services already paid for.

Payments are handled exclusively by external payment service providers, CashBill S.A. with its registered office in Katowice and Stripe Payments Europe, Limited with its registered office in Dublin. The available methods and posting times are set out in the terms of those providers. The Customer provides payment card details directly to the payment service provider, which does not pass them on to the Operator.

Payment is evidenced by the confirmation from the payment service provider and by the transaction history in the Customer Panel. Invoices are not issued automatically. A Consumer receives an invoice on request submitted at [email protected] or through the ticket system in the Customer Panel, no later than within three months counted from the end of the month in which the payment was made.

A Customer who is a taxable person always receives an invoice, provided that the tax identification number is given no later than when the order is placed. That number cannot be added after payment has been made. The Customer accepts the issuing and sending of invoices in electronic form, and invoices subject to the obligation to be issued in the Polish National e-Invoicing System are issued in that system.

Topping up the Account Balance is a prepayment towards the own services of the Operator. The Account Balance is not electronic money or a payment instrument, does not bear interest and cannot be used to settle payments with entities other than the Operator.

The Account Balance consists of funds paid in by the Customer and funds granted free of charge, originating from promotions and the Referral Programme. When paying for a Service, funds granted free of charge are used first.

Funds paid in by the Customer are refunded on request submitted in connection with termination of the Agreement or closure of the Account, within 14 days of the request, using the same payment method the Customer used. Funds granted free of charge constitute a discount on future Services and are not payable in cash.

The Operator undertakes to maintain availability of the Service at a level of at least 99.5% in a calendar month, calculated as the ratio of the time the Service was available to the total time in that month.

Downtime does not include interruptions resulting from:

• 1)maintenance announced at least 24 hours in advance, up to 4 hours per month,
• 2)acts or omissions of the Customer or of persons to whom the Customer granted access to the Service, including misconfiguration, exhaustion of Plan resources and faulty modifications and plugins,
• 3)suspension of the Service under § 9,
• 4)force majeure and failures outside the infrastructure of the Operator, in particular on the side of transit operators, which the Operator could not have prevented while exercising due care.

If the level set out in clause 1 is not met, the Customer is entitled to compensation in the form of a free extension of the Billing Period of the Service affected by the downtime:

Compensation is granted on request submitted by the Customer within 30 days of the end of the month concerned. It is due regardless of fault on the part of the Operator, and its value is set off against damages claimed for the same period of downtime. Compensation cannot be converted into money, a top up of the Account Balance or a refund of the fee.

The Operator makes backups of the Service covering the last three days, for its own purposes connected with maintaining the infrastructure. The Operator does not guarantee that Customer Content can be restored from them. The absence of such a guarantee is an agreed characteristic of the Service, of which the Customer is expressly informed before the Agreement is concluded and which the Customer accepts by accepting these Terms when creating an Account.

In every Plan the Operator makes available in the Customer Panel a tool for creating and downloading a backup independently. The Customer is responsible for regularly making and storing its own backups outside the infrastructure of the Operator.

The Customer uses the Services in accordance with the law and these Terms, in a way that does not infringe the rights of third parties and does not destabilise the infrastructure of the Operator. It is prohibited to use the Services for:

• 1)storing or distributing unlawful content, including content infringing copyright, personal rights or gambling regulations,
• 2)distributing content depicting the sexual exploitation of minors, inciting hatred or promoting terrorism or totalitarian regimes,
• 3)attacking other IT systems, breaking security measures, sending unsolicited commercial communications and distributing malicious software,
• 4)mining cryptocurrencies and running other processes aimed at permanent maximum load on resources,
• 5)running proxy servers, VPNs and anonymising network nodes, unless the Plan specification provides otherwise,
• 6)storing files unrelated to the operation of the server, in particular archives, video material and backups from external systems,
• 7)circumventing Plan limits and reselling Service resources without the consent of the Operator.

A Customer using a VPS is responsible for configuring and updating the operating system and the software running on it, including applying security updates.

A Customer who makes the Service available to end users, in particular to players on a server, sets the rules for using it and provides a way of reporting breaches to that Customer. The Customer is liable towards the Operator for the consequences of the use of the Service by those persons as for its own acts.

The Operator provides a hosting service within the meaning of Article 14 of the Polish Act on Providing Services by Electronic Means and Article 3(g) of Regulation (EU) 2022/2065. The Operator stores Customer Content, does not initiate its transmission, does not select the recipients and does not modify the content.

The Operator is not liable for Customer Content if it has no knowledge of its unlawful nature and, upon obtaining official notice or reliable information about the unlawful nature of that content or of activity connected with it, promptly disables access to it.

The Operator has no obligation to monitor Customer Content or to actively seek facts indicating unlawful activity. The Operator does not moderate gameplay, chat or server communities. The Customer, as administrator of the server, is responsible for how it operates and for the rules applying on it.

Notices of content considered illegal are accepted at [email protected]. A notice should contain a sufficiently substantiated explanation of the reasons why the content is considered illegal, an indication of its exact location, the contact details of the person submitting it and a statement of good faith as to the accuracy of the notice. The Operator confirms receipt of the notice, processes it in a timely and objective manner and informs the person submitting it of the decision.

If the Operator intends to disable access to Customer Content on the basis of reliable information other than official notice, it notifies the Customer beforehand. Notification may be omitted where immediate action is necessary because of a threat to life or safety of persons or a risk of serious harm, or where it follows from an order of a public authority.

For every restriction of the Service based on Customer Content the Operator provides the Customer with a statement of reasons indicating the scope and legal basis of the restriction, the circumstances of the decision and information about the available remedies. The Customer may appeal within 30 days at [email protected]. The appeal is examined by a person who was not involved in taking the contested decision. The outcome of the appeal does not deprive the Customer of recourse to the courts.

The Operator may suspend or restrict provision of the Service if:

• 1)the Customer breaches § 7 or § 8 and the breach has not ceased despite a request to remedy it,
• 2)use of the Service threatens the stability or security of the infrastructure of the Operator or of the services of other Customers,
• 3)the Operator has received official notice or reliable information that Customer Content is unlawful,
• 4)it is necessary in order to comply with an obligation arising from the law or from an order of a public authority.

Suspension is preceded by a request to the Customer to remedy the breach, with a deadline of no less than 7 days. The request may be omitted and the Service suspended with immediate effect where delay would risk causing damage, in particular in the cases set out in clause 1 points 2, 3 and 4. Suspension is limited to what is necessary to remove its cause, and the Operator informs the Customer of it together with a statement of reasons meeting the requirements of § 8 clause 6. Once the cause has ceased, the Service is restored without delay.

For the period of suspension for reasons attributable to the Customer the fee is neither refunded nor reduced. If the suspension proves to have been unjustified, the Billing Period is extended by the duration of the suspension.

The Operator may terminate the Agreement with 14 days notice in the event of a material breach of § 7 or § 8 that has not ceased despite a request to remedy it, and with immediate effect where continued provision of the Service threatens the security of the infrastructure or of the services of other Customers, or where such an obligation arises from the law or from an order of a public authority. Termination requires a statement of reasons.

The Operator provides the Services with the due care appropriate to the professional character of its activity and is liable for non-performance or improper performance of the Agreement on the terms set out in the Polish Civil Code, subject to clauses 2 and 3.

Towards the Consumer and PNPK the liability of the Operator is not limited or excluded to the extent that mandatory provisions of law do not allow it. Rights arising from lack of conformity of the Service with the Agreement are set out in § 12.

Towards a Customer who is neither a Consumer nor PNPK, the liability of the Operator is limited to actual loss and to the amount of fees paid for the Service to which the claim relates in the 12 months preceding the event causing the loss. Liability for lost profits, loss of data and business interruption is excluded. These limitations do not apply to damage caused intentionally or to cases in which exclusion of liability is not permitted by law. Such a Customer undertakes to release the Operator from liability towards third parties for claims arising from Customer Content or from the way that Customer uses the Service.

The Operator is not liable for the consequences of force majeure, of acts or omissions of the Customer and of persons to whom the Customer granted access to the Service, of defects in third party software installed by the Customer, or of interruptions in internet access on the side of the Customer.

The Consumer and PNPK may withdraw from an Agreement concluded at a distance within 14 days of its conclusion, without giving a reason and without bearing costs other than those set out in clause 3. It is sufficient to send the statement before the deadline expires to [email protected] or through the ticket system in the Customer Panel. The model withdrawal form set out in Annex 2 to the Polish Consumer Rights Act may be used for this purpose.

The Operator confirms receipt of the statement without delay.

Since performance of the Service begins at the express request of the Customer before the withdrawal period expires, a Customer who withdraws from the Agreement is obliged to pay for the performance rendered up to the moment of withdrawal. The amount is calculated in proportion to the extent of the performance rendered, having regard to the price agreed in the Agreement (Article 35 of the Polish Consumer Rights Act). The extent of the performance rendered is determined by the time during which the resources of the Plan remained allocated to the Customer, counted in full days from activation of the Service, irrespective of the extent to which the Customer actually used it.

The right of withdrawal concerns the Agreement for provision of the Service. Topping up the Account Balance is not a Service, and funds paid into it are refunded on the terms set out in § 5 clause 7. Withdrawal does not cover funds granted free of charge or discounts used when placing the order.

The Operator refunds the remaining part of the payment received within 14 days of receiving the statement, using the same payment method the Customer used. On withdrawal the Service is switched off, and the Customer should download Customer Content beforehand.

Agreements concluded by Consumers and PNPK are subject to Chapter 5b of the Polish Consumer Rights Act on contracts for the supply of digital services. The provisions of this paragraph do not limit the rights arising from it.

The Operator supplies a Service that conforms with the Agreement and is liable for lack of conformity that existed or became apparent during the period in which the Service was to be supplied. In the event of lack of conformity the Customer may demand that the Service be brought into conformity with the Agreement. The Operator does so within a reasonable time from being notified, at its own cost and without significant inconvenience to the Customer, unless this is impossible or would involve excessive costs.

The Customer may make a statement on price reduction or withdrawal from the Agreement in the cases set out in Article 43n section 1 of the Polish Consumer Rights Act, in particular where bringing the Service into conformity is impossible or requires excessive costs, where the Operator has failed to do so, or where the lack of conformity persists despite attempts made. Withdrawal is not available if the lack of conformity is immaterial.

For the time during which the Service did not conform with the Agreement, the Operator is not entitled to remuneration from the Consumer and PNPK. Refund of the price due as a result of withdrawal or price reduction is made within 14 days of receiving the statement of the Customer.

The Operator informs about updates necessary to keep the Service in conformity with the Agreement and supplies them throughout the period of supply of the Service. If the Customer does not install, within a reasonable time, an update of which it was informed together with the consequences of not installing it, the Operator is not liable for lack of conformity resulting solely from that omission.

Customers who are neither Consumers nor PNPK are subject to the provisions of the Polish Civil Code on liability for improper performance of an obligation, subject to § 10 clause 3.

Complaints concerning the Services, payments and operation of the Customer Panel are submitted at [email protected], through the ticket system in the Customer Panel or in writing to the registered office of the Operator. A complaint should contain data allowing the Customer and the Service to be identified, a description of the objections together with an indication of when they arose, and the demand of the Customer.

The Operator examines a complaint within 14 days of receipt and informs the Customer of the outcome on a durable medium. That period starts on the day the complete submission is received or, where the Operator asked the Customer to supplement the information needed to examine the matter, on the day that information is received.

A Consumer may use out of court methods of handling complaints and pursuing claims, in particular by applying to the permanent arbitration court at the voivodeship inspector of the Trade Inspection for resolution of the dispute, by applying to the voivodeship inspector of the Trade Inspection to open mediation proceedings, or by using the free assistance of a district or municipal consumer ombudsman. The list of entities authorised to conduct such proceedings is kept by the President of the Polish Office of Competition and Consumer Protection. Use of these methods is voluntary and requires the consent of both parties.

The Operator informs the Customer by email of the approaching end of the Billing Period and of the expiry of the Agreement. Renewal of the Service requires an instruction from the Customer and payment for the next Billing Period. The Agreement expires at the end of the Billing Period paid for, without any need for termination, and the Customer discontinues the Service simply by not renewing it.

On expiry of the Billing Period paid for, the Agreement expires and the Service is blocked no later than on the following day. Blocking consists in switching off the server and suspending access to the Service, while retaining Customer Content.

Customer Content is stored for 14 days from expiry of the Agreement. During that period the Customer may restore the Service together with the data by paying for the next Billing Period, download the data independently from the Customer Panel, or request that it be made available at [email protected]. The data is made available free of charge, in a commonly used format chosen by the Operator, comprising the server files and the contents of the database, if the Service included one.

After the period set out in clause 3 expires, Customer Content and backups of the Service are permanently erased. Erasure is irreversible. This does not apply in the case referred to in clause 5.

A Customer switching to another provider may report this at [email protected] before the period set out in clause 3 expires. The Operator then retains Customer Content and makes it available for download for the time needed to complete the switch, agreed with the Customer according to the size of the data. A report made after that period is ineffective, because the data has already been erased.

Funds paid into the Account Balance are refunded on the terms set out in § 5 clause 7.

The Operator may make a change to the Service that is not necessary to maintain its conformity with the Agreement only for the following valid reasons:

• 1)the need to adapt the Service to a change in the law or to a decision of a public authority or a court,
• 2)the need to counter newly identified security threats, including vulnerabilities in the software used,
• 3)the end of technical support from the supplier of software used to provide the Service,
• 4)modernisation of the infrastructure or migration to newer software versions, where keeping the existing solution is not technically justified,
• 5)extension of the functionality of the Service or the Customer Panel without limiting existing capabilities.

Such a change involves no cost for the Customer. If it materially and adversely affects access to the Service or its use, the Operator informs the Customer of its features and of the date of the change, with appropriate notice on a durable medium, and the Consumer and PNPK may terminate the Agreement without notice within 30 days of the change being made or of being informed of it.

The Operator may amend these Terms for valid reasons, which are a change in the law or in its official or judicial interpretation, a judgment or decision relating to provisions of these Terms, a change in the scope or manner of providing the Services, a change in the data identifying the Operator or the payment service providers, and removal of ambiguities and clerical errors.

The Operator informs Customers holding an Account of amendments to these Terms by email and in the Customer Panel, at least 14 days before they take effect. A Customer who does not accept an amendment may terminate the agreement for maintaining the Account before that date. Agreements concluded earlier remain subject to the previous wording of these Terms until the end of the Billing Period paid for.

If, within the Service, the Customer processes personal data of third parties, in particular of users of its server, the Customer is the controller of that data and the Operator is the processor. This paragraph constitutes the data processing agreement within the meaning of Article 28(3) GDPR and is concluded together with the Agreement.

The subject of the entrustment is the storage and other processing of personal data contained in Customer Content, solely for the purpose of providing the Service, in the IT systems of the Operator. The duration of processing corresponds to the term of the Agreement extended by the periods set out in § 14. The categories of data subjects and types of data are determined by the Customer. They typically comprise users of the server and data such as player account identifiers, IP addresses and the content of communications recorded in logs.

The Operator undertakes to:

• 1)process the data solely on documented instructions from the Customer, which include the Agreement, unless an obligation to process arises from the law,
• 2)ensure that persons authorised to process the data are bound by confidentiality,
• 3)implement technical and organisational measures appropriate to the risk, in accordance with Article 32 GDPR,
• 4)assist the Customer in fulfilling the obligations under Articles 32 to 36 GDPR and in responding to requests from data subjects,
• 5)notify the Customer of a personal data breach without undue delay after becoming aware of it,
• 6)make available the information necessary to demonstrate compliance with Article 28 GDPR and allow for audits, on the terms set out in clause 5,
• 7)erase the data after provision of the Service ends, within the periods set out in § 14, unless the law requires further storage.

The Customer gives general authorisation for the Operator to engage sub-processors. The Operator uses OVH SAS for server infrastructure and Cloudflare, Inc. for protection against attacks and handling of network traffic. The Operator gives at least 14 days notice of intended changes, and the Customer may object and terminate the Agreement with effect from the date of the planned change. The Operator imposes on sub-processors obligations corresponding to those set out in clause 3 and is liable for their acts as for its own.

Compliance with the obligations referred to in clause 3 is demonstrated by making available to the Customer information about the protection measures applied and the documentation held, including certificates and reports from audits carried out at the Operator. Only where that information proves insufficient may the Customer carry out its own audit, at its own cost, no more than once per calendar year, after concluding a confidentiality agreement and submitting a request at least 30 days in advance. The audit takes place during the working hours of the Operator, in a manner that does not disrupt continuity of service and with respect for trade secrets and the data of other customers, and the auditor may not be an entity carrying out activity competing with the Operator. The limit on frequency does not apply where the audit follows a confirmed personal data breach or a request from a supervisory authority.

The Customer declares that it is entitled to entrust the data and is responsible for fulfilling the information obligation towards the users of its server.

A Customer holding an Account receives an individual referral code. If a person who did not previously hold an Account registers using that code and pays for a Service, the referring Customer is granted a discount on future Services amounting to 5% of the value of the fee paid by the referred person. The Operator may increase that rate individually. The discount is made available as funds granted free of charge in the Account Balance and does not constitute remuneration or commission.

The discount is not granted if the referral concerns an Account belonging to the same Customer or an Account created solely in order to obtain the discount, if the referred person withdrew from the Agreement or received a refund of the fee, or if the referral code was distributed in a manner infringing the law.

The Operator may end the Referral Programme or change its rules for the future, giving 14 days notice. Discounts already granted remain available for use.

The Agreement is governed by Polish law. That choice of law does not deprive the Consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence.

Disputes with a Consumer are heard by the court having jurisdiction under the Polish Code of Civil Procedure. Disputes with a Customer who is neither a Consumer nor PNPK are heard by the court having jurisdiction over the registered office of the Operator. Such a Customer may not transfer rights and obligations under the Agreement to a third party without the consent of the Operator.

The invalidity or ineffectiveness of any provision of these Terms does not affect the validity of the remaining provisions. These Terms were drawn up in Polish; translations are for information only and in the event of any discrepancy the Polish version prevails.

The rules for processing personal data of Customers and for the use of cookies are set out in the Privacy Policy. Matters not governed by these Terms are subject to Polish law, in particular the Civil Code, the Act on Providing Services by Electronic Means and the Consumer Rights Act, and to the law of the European Union.