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Terms

Terms of Service

Updated October, 2021


Welcome to Hotservers! Before you jump into the content, please take a moment to review this User Agreement. This Agreement is an agreement between User and Hotservers. It is important that you understand both the benefits we provide, as well as our limitations. This Agreement applies to the website owned by Hotservers.

Please read these Terms of Service and our Privacy Policy carefully before using Hotservers Services. Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Service. If you don’t agree to all the terms and conditions you must not use our Services.

References to “Us” or “We” means Hotservers.

 

1. DEFINITIONS

Account” means an account you create when you access the Services.

Community Rules” means the rules of conduct that govern your interaction with our Services and

other users/users.

Feature Terms” means any other rules related to specific services like platforms and APIs,

applications for mobile devices, forums, contests, subscriptions or loyalty programs that We may

publish which apply to your use of those specific services and state they are part of these Terms.

Offers” means special programs, including offers, excursions, and special gifts, both digital and

tactile, that Hotservers may offer from time to time to certain eligible users/users.

Services” refers to products, services, content, hotservers.org and/or the other domains provided by

Hotservers.

Terms of Service” or “Terms” means these terms of service.

“User Content” means all the data that you upload or transmit on or through the Service. This

includes things like your profile picture.

Digital banners” means (a) digital banner for use in the Service and (b) websites.


2. CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms, Community Rules, Feature Terms, and Privacy Policy at any time by posting the amended Terms, Community Rules, Feature Terms, or Privacy Policy on our sites or within the Service. We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless We state otherwise, changes are effective when posted. If you continue to use the Services after the changes are posted you agree to the changes. New versions of the Terms, the Community Rules and the Privacy Policy and any other policies, codes or rules will be accessible at www.hotservers.org or from within the Services.

If you have a dispute with Hotservers, the version of the Terms, the Community Rules, Feature Terms, and the Privacy Policy in effect at the time Hotservers received actual notice of the dispute will apply to such dispute. However, if you keep using the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

You can’t make changes to the Terms, Community Rules, Feature Terms, or Privacy Policy unless both you and Hotservers sign a written amendment. If the Terms or the Privacy Policy have provisions that conflict with other Hotservers terms or policies, the provisions in these Terms and the Privacy Policy win.


3. ACCOUNT INFORMATION AND SECURITY

In order to use our Services, We may ask you to create an Account and select a password and/or provide Us with certain personal information, which may include e-mail address, Facebook account, and, in some cases, payment information. This information will be held and used in accordance with Hotserver's Privacy Policy. You agree to supply Hotservers with accurate, complete, and updated information, particularly your email address.

You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, credit card, PayPal or social network).

Tell Us immediately of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.

 

4. PRIVACY

Hotserver's Privacy Policy tells you how We collect and use information about you and your computer or mobile device, and how you can use the Services to share such information with others. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in Hotserver’s Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services. We encourage you to read the Hotservers Privacy Policy carefully and use it to make informed decisions.


5. USING OUR SERVICE
Age restrictions

Hotservers requires users of the website to be 14 years or older unless they are accompanied by a parent or guardian who is directly supervising them in which case they may only use the sections of the Hotservers website.

Hotservers does not consider the Hotservers website or any of the or Hotservers services to be for individuals under 14 years of age. By using this website you confirm that you are 14 years of age or older or that if you are under 14 years of age you confirm that you are accompanied and directly supervised by a parent or guardian. If you are under 14 years of age please do not access the Hotservers website without your Parent or guardian directly supervising you. You agree that if your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) access or assist users in accessing hotservers.org or services that you will not allow or assist, knowingly or unknowingly, children under 14 years old to access Hotservers website or services while directly supervised by a parent or guardian. You agree that if you do allow or assist children under 14 years old to access the Hotservers website or services without a parent or guardian directly supervising them, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences.


Additional Important Rules and Terms:

If you use our Service, you must follow the Hotservers Community Rules and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important.

Please read them. If you access the Service from a social network or download the Service from another platform, such as Apple or Google, you must also comply with its terms of service/use as well as these Terms.

Accessing our Service:

To access our website or create an account with Us, you may need an account with a social network, like Facebook. You may need to update third party software from time to time to receive the Service and use Hotservers. We provide the website. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, or for data or cellular usage to download and use the Service.


Service Changes and Limitations:

The Service is evolving and We may require that you accept updates to the Service as well as to the Terms, Community Rules, and the Hotservers Privacy Policy. From time to time we may make you update your software to continue to use Our Services. We may perform these updates remotely including to Hotservers software residing on your computer or mobile device, without notifying you.

Hotservers reserves the right to stop offering and/or supporting the Service or a particular website or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or any part of it will be automatically terminated or suspended. If that happens, Hotservers is not required to provide refunds, benefits or other compensation to users in connection with discontinued elements of the Service or for digital banners previously earned or purchased.

Hotservers MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND Hotservers IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS

You are not allowed to transfer Digital Banners and Items outside of the Service (i.e., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell Items for "real" money, or exchange Items for value of any kind outside of a website. Any such transfer or attempted transfer is prohibited and void, and We may terminate your Account because of it.


You are not allowed to:

1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person\'s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;

3. Advertise or sell any products, services or otherwise (whether or not for profit).

4. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;


User Content:

If you transmit or upload User Content on the Service, you agree that it will be:

1.       accurate;

2.       not confidential;

3.       not in violation of the law;

4.       not in violation of contractual restrictions or other parties’ rights, and that you have permission from any other party whose personal or other information or intellectual property is contained within the User Content;

5.       free of viruses, adware, spyware, worms or other malicious code;

6.       in compliance with the Hotservers Community Rules.

Your User Content will be processed by Hotservers in accordance with its Privacy Policy.


Deleting your Account:

You may stop using the Service at any time and may request that We stop making active use of your data at any time by following the instructions in the Privacy Policy. Unless the local law where you are located requires otherwise. We are not required to provide refunds, benefits or other compensation if you request deletion of your Account.

WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Hotservers website or service in violation of the law.

We reserve the right to remove any server from the list, without any notification!

You own your User Content, but you give Hotservers a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, license to use your User Content and any modified and derivative works thereof in connection with the Service, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).

Hotserver`s license to your User Content ends when you request deletion of your User Content by submitting a request to support@hotservers.org

User Content submitted in response to promotions (which will be subject to the terms of the promotion);

1. User Content either shared with others which they have not deleted or already used publicly as allowed under these Terms; and

2. User Content subject to a separate license with Hotservers (which will be subject to the terms of such license).

If you request deletion of your User Content we will take reasonable steps to remove your User

Content from active use, which may include suppression of your User Content in our systems.

However, User Content may persist in our systems, including back-up copies. We may also retain copies of User Content if we are legally required to do so.

We cannot guarantee that other users will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. Hotservers IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.


7. MONITORING USE OF SERVICE AND USER CONTENT

We have no obligation to monitor User Content and We are not responsible for monitoring the Service for inappropriate or illegal User Content or conduct by other users. That said, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content.

We may also, at our discretion, choose to monitor and/or record your interaction with the Service or your communications with Us or other users (including without limitation chat text and voice communications) when you are using the Service.

We are not responsible for information, materials, products or services provided by other users (for instance, in their profiles). However, if someone is violating these Terms or misusing the Service, please let Us know by contact Us at support@hotservers.org


8. YOUR DEALINGS WITH OTHER USERS

You are responsible for your interactions with other users. If you have a problem with another user, We are not required to get involved.


9. PAYMENT TERMS

We provide a service in the form of access to website. In the Service you may use "real world" money to obtain a limited license to use our services.


ALL SALES ARE FINAL:

YOU ACKNOWLEDGE THAT Hotservers IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH Hotservers.org OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

PURCHASES OR REDEMPTIONS OF THIRD PARTY DIGITAL CURRENCY TO ACQUIRE A LICENSE TO USE DIGITAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

If you purchase third party currency or choose to make a payment in our Services through a third party you are agreeing to the third party’s payment terms, and Hotservers is not a party to the transaction.

 

Additional Payment Terms:

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Hotservers may revise the pricing for the goods and services it licenses to you through the Service at any time.


Billing Support:

For billing support, send us an email to support@hotservers.org with the subject “Payment Support”.


10. PROMOTIONS AND OFFERS

From time to time, We may offer limited time promotions. Please review the official rules (if any) associated with the promotion. They will apply in addition to these Terms.

In addition, from time to time, We may promote Offers. We are not required to give, and users are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before You accept the offer. If you accept an Offer you also assume all liability associated with the Offer.


11. THIRD PARTY ADVERTISING

Our Service and our website may feature advertisements from Us or other companies. Our Privacy Policy explains what information We share with advertisers. Please read it.

Sometimes We provide links in Our websites or on the Service to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Service or upgrade in exchange. Any charges or obligations you take on in dealing with these other companies are your responsibility.

We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from Our Service or website. Also, just because We allow a link to be included in Our website or Service does not mean We endorse that linked site. We are not liable for any claim relating to any content, goods and/or services of third parties. Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you.

When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you.


12. WARRANTY DISCLAIMER; SERVICES AVAILABLE ON AN “AS IS” BASIS

Hotservers do not make any promise or guarantee that the Service will be uninterrupted or error-free. USE OF THE SERVICE IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Hotservers MAKE NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. Hotservers DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.

If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Service or the shortest period required by law.


13. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE THAT Hotservers  IS NOT LIABLE

(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR

(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY INTHESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USEOF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION,INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OFCONTRACT OR TORT (INCLUDING NEGLIGENCE).

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.


14. INDEMNITY

If you use or misuse the Service, or if you violate these Terms or any other applicable rules, including the Community Rules or Feature Terms, and that results in loss or damage or in a claim or liability against Hotservers you agree to indemnify, defend and hold harmless Hotservers (which means you agree to compensate Hotservers on a "euro for euro" basis) for that loss, damage, claim or liability, including compensating Hotservers for our legal fees or expenses. If Hotservers want to, they are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse them, and it will be at your expense. You also have to cooperate in Hotserver`s defense of these cases. Hotserver will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Services or your account is deleted.


15. ASSIGNMENT

We may give our rights, or Our obligations, under these Terms, Feature Terms, Community Rules, or our Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, Community Rules, or our Privacy Policy without first getting Hotservers written consent, and any attempt to do so without our consent is void.


16. ENTIRE AGREEMENT

These Terms, and any other policies or rules We reference in these Terms, make up the entire agreement between you and Us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us.


17. LANGUAGE OF THE TERMS

If We provide a translated version of these Terms, Feature Terms, the Community Rules, the Hotservers Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.


18. NO WAIVER

If We do not enforce a provision of these Terms, Feature Terms, the Community Rules, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, Feature Terms, the Community Rules, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and Us to be legally binding.


19. NOTICES

We may notify you by posting something on www.hotservers.org and sending you an e-mail or using other ways of communicating with you based on the contact information you provide to Us. Any attempted notice that does not follow these rules has no legal effect.


20. EQUITABLE REMEDIES

You agree that given the unique and irreplaceable nature of the rights granted and obligations made under these Terms and the Community Rules, if you breach these Terms, Feature Terms, Community

Rules and/or our Privacy Policy, or intend to breach these Terms, Feature Terms, Community Rules or Privacy Policy, money damages alone will not be enough to repair the harm to Hotservers.


21. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

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