Introduction and Definitions
(“DutchIS”), (“Us”), (“We”), (“Company”), (“Website”), (“Site”) agrees to furnish services to the (“Client”), (“Customer”), (“You”), subject to the following (“Terms of Service”), (“Terms”), (“Conditions”), (“Agreement”).
1. Your Account
Account details MUST be correct, accurate and up-to-date, as required by law. We are legally required to cease provision of any services where account details are missing or false.
Only one clientarea/billing account is permitted per person. In order to register on our site, you are required to have a valid and unique email address.
You may not use, or allow any individual to use, an account that is not in their name. Any person that would like to have client area access should have their own account OR be added as a contact.
When ordering a server, or any other service from DutchIS, you are only renting the server. All services remain the property of DutchIS.
Services ordered from DutchIS will not be activated until payment has been received, and verified to not be fraudulent. In most cases, payment verification is automatic, but may require manual review in rare circumstances (when order is held for manual approval).
DutchIS cannot guarantee that all promotions and promo codes will remain operational at all times.
Invoices are generated 10 days before the due date, and should be paid several days before the due date. Services renew on the due date, regardless of the payment date.
Failure to make a payment before the due date will result in the service being suspended, and 3 days later terminated.
Failure to make a payment within 3 days after an invoice is due, will result in complete termination of that service. Once a service is terminated, it may not be re-activated, and data cannot be recovered as it has been permanently wiped.
An overdue payment will have a late fee of 10% added to the invoice, but no lower than 0.25 of the account currency. Late fees help cover additional costs associated with receiving a late payment.
An overpayment (more than one payment made for the same invoice) will be automatically credited to your account. We cannot guarantee, or agree to be held liable for the refund of overpayments.
For payment disputes, claims and chargebacks, please see: 4. Cancellations & Disputes.
If your account is terminated due to a violation of these terms, a refund will not be provided.
Refunds cannot be requested without probable cause, and DutchIS has the right to decline a refund at their sole discretion.
All hosting packages are eligible for a refund, within 3 days of payment for the service. Only the first payment for the hosting account in question is covered by this guarantee.
Refunds are only provided for this service if you experience an issue which cannot be resolved by DutchIS staff.
4. Cancellations & Disputes
In order to cancel your services, you must issue a cancellation request within our billing area at https://dutchis.net/client/clientarea.
You must manually cancel any active PayPal subscriptions that were created when ordering your service. We do not have access to deduct funds from your PayPal account, and will not be held responsible for automated payments made via a subscription.
We recommend that you contact us before opening a PayPal dispute. Issues can often be resolved quickly, and a refund can be provided if you have probable cause. Should a PayPal dispute be opened, we reserve the right to suspend or terminate your service without warning.
Should you open a PayPal claim or initiate a chargeback with your bank, card provider or other financial institution, you acknowledge and agree to pay an ‘Administrative Fee’ of $200.00 USD in addition to the original amount of funds which were reclaimed.
5. Service Availability
We make reasonable efforts to ensure services are available 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, services may be unavailable to you. You recognize and acknowledge that on occasion, an event will occur causing services will be unavailable. We make no representation or warranty that our services will be uninterrupted.
Our 100% guarantee implies that a customer will be compensated when his/her service is unavailable or interrupted. The value of the agreed compensation is provided in the form of credits, or additional days or months which are added to a service.
DutchIS agrees to be transparent about service availability, and will provide detailed and accurate incident reports in the event of a service failure.
Servers may only be used for the services they were intended and you may not install or use unauthorized third party programs. We do not provide technical assistance, and will not be held responsible, for any third party software uploaded to our services. Unauthorized usage, such as attempting to access or interfere with other clients data, will result in immediate termination of your services without prior warning.
You may not purposely bypass any limits or restrictions that your service is provisioned with, such as user slots, RAM limits, or CPU restrictions. Attempting to modify or bypass any usage restrictions will result in suspension or termination of your service(s).
In the event your usage exceeds any limits existing on your service, the process exceeding these limits may be automatically disabled without notice. This may occur due to improper usage, such as a crashed or hanging server process.
Your usage must be reasonable and should not place excessive burdens on our hardware or available resources. You may not interfere with the services we provide to other customers. In rare situations, we may place restrictions on your services in the event that your usage interferes with the services provided to other customers (for example, disk space limits).
While we offer instant database creation from our Pterodactyl 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 DutchIS, 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.
7. Legal Obligations
DutchIS 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.
We will not be liable for delays or failure in performance caused by acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our control.
DutchIS shall not be held liable for any disruption, delay, or disconnection of services for any period of time and is not responsible for any actions taken place in or on our servers themselves.
We reserve the right to restrict, alter, or modify fees, benefits, rules, regulations, special offers, membership terms and conditions or terminate services at any time and without notice.
The sole role of DutchIS is to provide server connectivity.
8. Unlimited Factors
In the best interest of our subscribers, DutchIS does not put a hard limit on the amount of users that may connect to the server.
All services are still subjected to software limitations and physical hardware limits.
For Minecraft servers, CPU usage is restricted to a maximum usage of 100% of the server CPU cores. As the Minecraft software, by itself, is limited to utilization of a single CPU core, this restriction is only in place to prevent CPU usage abuse by third party software, such as malicious server plugins.
DutchIS may take interest in, and disable any services using between or above 100% of the server CPU cores.
All game server storage usage is a subject to “fair use.”
9. Server Backups
The backups are taken once a day and typically between 3am and 10am local server time.
We store up to 7 days of backups.
If backups are not available due to an error, DutchIS is not responsible for the loss of any file(s), content, worlds etc.
Any support requests required for products from DutchIS shall be submitted through ticket in the client area. Any other form of contact other than the predetermined ticket system is not guaranteed a proper answer from an official representative and may be ineffective.
Support is only provided through this method due to the ability to log support requests for security purposes.
Using of the DutchIS services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property (online or not) is strictly prohibited.
Harassment using the DutchIS services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is not allowed and will be punished by law.
Harassment of staff is taken seriously, and legal action may be taken following termination of any active service(s).
12. Our Website
We cannot assure that the site is completely free from exploits. If a user is caught exploiting any area of DutchIS.net, their account will be permanently terminated.
We reserve the right to modify any of the information on the site at any given time.
We are not affiliated with Mojang Synergies AB, Microsoft Corporation or Serverius B.V.
Any trademarks and copyrights remain properties of their respective owners.
13. Affiliate Program
Activating your affiliate account and sharing your affiliate link requires you to have a clear and conspicuous disclosure of your relationship with DutchIS. To learn more information on FTC's disclosure requirements, please click here.
Withdrawals from the affiliate program can only be done via credits made to your DutchIS account.
External withdrawals such as via PayPal are not permitted unless we explicitly allow it for your account.
Advertising your affiliate link is only permitted on websites that require registration and clearly state who posted the affiliate link. (Twitter, Instagram, Facebook, forums, blogs, etc)
Any promotional website that provides reviews, coupons, discounts are strictly prohibited.
When posting your affiliate link, it must be fully visible and you may not use any redirects or URL shortening services to mask your affiliate link.
At any point, your account can be investigated that all of the affiliate program terms are followed. Failure to follow any of these terms may result in an inability to withdraw your affiliate account balance, affiliate account balance nullification and or account closure.
If you have any questions, concerns or require help in regards to any of our agreements, please contact our designated legal agent for our company using the below contact details.
Legal Email: Legal@DutchIS.net
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.