Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1.2 Eligibility

You must be at least 18 years old to use our Services. If you are under 18, you may only use our Services with the consent and supervision of a parent or legal guardian.

1.3 Legal Capacity

You represent and warrant that you have the legal capacity to enter into these Terms and that your use of the Services will not violate any applicable laws or regulations.

1.4 Business Use

If you are using our Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

2.1 Hosting Services

OustCloud provides Minecraft server hosting services, including:

• Virtual private servers for Minecraft Java Edition
• Minecraft Bedrock Edition hosting
• Modded server hosting (Forge, Fabric, etc.)
• Control panel access and management tools
• Technical support and customer service

2.2 Additional Services

We may offer additional services such as:

• Backup and restoration services
• Server migration assistance
• Custom plugin installation
• Server optimization and performance tuning

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice. We will not be liable for any such modifications, suspensions, or discontinuations.

2.4 Third-Party Services

Our Services may integrate with third-party services. We are not responsible for the availability, functionality, or content of such third-party services.

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the accuracy of your account information.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Using strong passwords and enabling two-factor authentication when available

3.3 Account Sharing

You may not share your account credentials with others or allow others to use your account. Each account is for use by a single individual or organization.

3.4 Account Suspension

We may suspend or terminate your account if you violate these Terms or engage in activities that may harm our Services or other users.

4. Payment Terms and Billing

4.1 Pricing

Current pricing for our Services is available on our website. All prices are in Philippine Peso (PHP) and include applicable taxes unless otherwise stated.

4.2 Payment Methods

We accept the following payment methods:

• GCash mobile wallet
• PayMaya digital wallet
• Bank transfers from major Philippine banks
• Over-the-counter payments at authorized centers

4.3 Billing Cycle

Services are billed monthly in advance. Your billing cycle begins on the date of your first payment and renews automatically each month.

4.4 Late Payments

If payment is not received within 3 days of the due date:

• Your service will be suspended
• You will receive email notifications
• Service will be terminated after 7 days of non-payment
• Data may be permanently deleted after termination

4.5 Refunds

We offer a 7-day money-back guarantee for new customers. After this period, refunds are not available except as required by law or at our sole discretion.

4.6 Price Changes

We may change our prices with 30 days' notice. Price changes will take effect on your next billing cycle.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Services for lawful purposes related to hosting Minecraft servers, including:

• Running legitimate Minecraft servers
• Installing approved plugins and modifications
• Backing up and managing your server data
• Providing gaming services to other players

5.2 Prohibited Activities

You may not use our Services for:

• Illegal activities or content that violates Philippine laws
• Hosting copyrighted material without permission
• Distributing malware, viruses, or harmful software
• Harassment, abuse, or bullying of other users
• Spamming or unsolicited commercial communications
• Attempting to gain unauthorized access to our systems
• Cryptocurrency mining or similar resource-intensive activities
• Proxy services or VPN endpoints

5.3 Resource Usage

You must use resources responsibly and within the limits of your chosen plan. Excessive resource usage may result in service throttling or account suspension.

5.4 Content Responsibility

You are solely responsible for all content uploaded to or generated by your server. We do not monitor or control user-generated content but reserve the right to take action if violations are reported.

5.5 Compliance

You must comply with:

• All applicable Philippine laws and regulations
• Minecraft's End User License Agreement
• Any additional terms for third-party services you use
• Industry best practices for server management

6. Intellectual Property Rights

6.1 Our Intellectual Property

All rights, title, and interest in our Services, including software, trademarks, and proprietary technology, remain our property or that of our licensors.

6.2 Your Content

You retain ownership of content you upload to our Services, but you grant us a limited license to store, process, and deliver your content as necessary to provide our Services.

6.3 Minecraft Content

Minecraft is a trademark of Mojang Studios. We are not affiliated with or endorsed by Mojang Studios or Microsoft Corporation.

6.4 DMCA Compliance

We respect intellectual property rights. If you believe your copyrighted material has been used without permission, please contact us with a detailed DMCA notice.

6.5 License Restrictions

You may not:

• Reverse engineer or decompile our software
• Use our trademarks without permission
• Create derivative works based on our Services
• Distribute or resell our Services without authorization

7. Privacy and Data Protection

7.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Protection

We implement appropriate technical and organizational measures to protect your data in accordance with the Philippine Data Privacy Act.

7.3 Data Backup

While we provide backup services, you are responsible for maintaining your own backups of important data. We are not liable for data loss except as required by law.

7.4 Data Portability

You may request a copy of your data in a commonly used format. We will provide this within a reasonable timeframe subject to verification of your identity.

8. Service Availability and Uptime

8.1 Uptime Commitment

We strive to maintain 99.9% uptime for our Services. This excludes:

• Scheduled maintenance windows
• Emergency maintenance
• Third-party service outages
• Force majeure events

8.2 Maintenance

We may perform maintenance on our Services with reasonable advance notice. Emergency maintenance may be performed without notice if necessary to protect the security or integrity of our Services.

8.3 Service Levels

Different service levels may apply to different hosting plans. Premium plans may receive priority support and higher availability guarantees.

8.4 Monitoring

We monitor our Services for availability and performance. You may also monitor your server through our control panel and receive alerts for issues.

9. Limitation of Liability

9.1 Service Disclaimer

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Limitation of Damages

To the maximum extent permitted by law, our total liability for any claims arising from or related to these Terms or our Services shall not exceed the amount you paid for our Services in the 12 months preceding the claim.

9.3 Excluded Damages

We shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Data loss or corruption not caused by our negligence
• Third-party actions or content

9.4 Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, or infrastructure failures.

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Contacting our support team
• Using the cancellation feature in your control panel
• Providing written notice of termination

10.2 Termination by Us

We may terminate your account immediately if you:

• Violate these Terms or our policies
• Fail to pay for Services when due
• Engage in activities that harm our Services or other users
• Provide false or misleading information

10.3 Effect of Termination

Upon termination:

• Your access to Services will cease immediately
• Your data may be deleted after a reasonable grace period
• You remain liable for all charges incurred before termination
• Provisions that should survive termination will continue to apply

10.4 Data Retrieval

You may request a copy of your data within 30 days of termination. After this period, data may be permanently deleted.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal legal proceedings, you agree to first contact us to seek resolution of any disputes. We will work in good faith to resolve issues promptly.

11.2 Mediation

If informal resolution is unsuccessful, disputes may be resolved through mediation in accordance with the rules of the Philippine Dispute Resolution Center.

11.3 Arbitration

Any disputes not resolved through mediation shall be settled by binding arbitration in Metro Manila, Philippines, in accordance with the rules of the Philippine Dispute Resolution Center.

11.4 Class Action Waiver

You agree that any disputes will be resolved on an individual basis and not as part of a class action, collective action, or representative proceeding.

12. Governing Law

12.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles.

12.2 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Metro Manila, Philippines.

12.3 Compliance

You agree to comply with all applicable local, national, and international laws and regulations in your use of our Services.

13. Changes to Terms

13.1 Updates

We may update these Terms from time to time to reflect changes in our Services or applicable law. When we do:

• We will post the updated Terms on our website
• We will update the "Last Updated" date
• We will notify you of material changes via email
• Changes become effective 30 days after posting

13.2 Acceptance

Your continued use of our Services after changes become effective constitutes acceptance of the updated Terms.

13.3 Disagreement

If you do not agree to updated Terms, you must stop using our Services and may terminate your account.

14. Contact Information