Terms of Service

In plain language. You are buying prepaid hosting, and in some cases software licences. You pay for a period in advance and the service runs for that period. If an invoice goes unpaid the service is suspended and then deleted, with its data. Do not use our servers to attack, defraud, infringe or host illegal material. We keep your data while you have a service and, for billing records, for as long as the law requires. Our total responsibility is capped at what you paid us in the three months before the problem. Washington State law applies. This box is a summary for convenience; the numbered sections below are the agreement.

These are the terms you accept at checkout. When you place an order you tick the box that says "I agree to the Terms of Service and the Refund Policy". The Terms of Service are this document, and they incorporate the Acceptable Use Policy, the Refund and Cancellation Policy, the Chargeback and Dispute Policy, the Service Level Agreement, the Privacy Policy, the DMCA and Copyright Policy and, for software we license to you, the Software Licence Terms. All of them are published at tridentsky.net/legal and can be read before you pay.

1. The Agreement

1.1. These Terms of Service (the "Terms") govern the services sold by TridentSky ("TridentSky", "we", "us"), with business address at 5501 Hildebrand Boulevard a340, Kennewick, WA 99338, United States, through the website tridentsky.net and the client area at billing.tridentsky.net.

1.2. By creating an Account, placing an order or using a Service you accept these Terms and the policies listed in the notice above, which form part of them. If you do not accept them, do not use the Services.

1.3. If a policy conflicts with these Terms, these Terms prevail, except that the Refund and Cancellation Policy prevails on refunds and cancellations, the Chargeback and Dispute Policy prevails on payment disputes, the Service Level Agreement prevails on availability credits, and the Software Licence Terms prevail on software we license to you.

2. Definitions

• "Service": any product we sell, including game server hosting (for example Minecraft, MTA:SA, SA-MP, FiveM, Rust, CS2, Hytale and Arma Reforger), Discord, Node.js and Python bot hosting, VPS and web hosting when offered, and software development work or software licences we sell.
• "Customer" or "you": the person who holds the Account.
• "Account": the customer account registered at billing.tridentsky.net.
• "Panel": the game control panel through which hosting Services are managed.
• "Billing period": the prepaid period selected at checkout (monthly, quarterly, or another period shown at checkout or on a custom invoice).
• "Account credit": a balance on your Account that can be applied to our invoices.

3. Eligibility and Accounts

3.1. You must be at least 18 years old to open an Account and to purchase. A person under 18 may use a Service only with the consent and under the supervision of a parent or legal guardian, who must hold the Account, accept these Terms on the minor's behalf and remain responsible for all use and payment.

3.2. An Account belongs to one person. Accounts may not be shared, sold, rented or transferred without our written consent.

3.3. You must give accurate registration and billing information and keep it current. Invoices, renewal reminders, suspension notices and security alerts are sent to the email address on the Account, so it must be an address you read.

3.4. You are responsible for everything done through your Account. Keep your password confidential and enable two-factor authentication in the client area if you want stronger protection. Our staff never ask for your password. Before acting on a request that changes your Account or your Services, support may ask you to confirm details only the Account holder would know, or to write from the email address on the Account.

3.5. We may refuse to open an Account, or close one, if it is used to evade a suspension, if the identity or payment details are false, or if opening it would breach these Terms or the law.

4. Services and Delivery

4.1. Hosting Services are self-service and prepaid. Once payment is confirmed the Service is created automatically, and access to the Panel and to the server is made available on your Account. The Service is delivered at that moment, whether or not you have logged in or configured it.

4.2. Game servers run on shared nodes: several customers' servers run on the same physical machine, each with the memory, CPU allowance and storage of its plan. Where a product is described as dedicated, that description is shown on the product page and on the invoice.

4.3. Our nodes are located in Miami, Florida and Dallas, Texas. The locations available for purchase, and the stock in each, are shown at checkout.

4.4. Add-ons such as a dedicated IPv4 address, extra storage blocks or extra ports are delivered with the Service or when they are added, and are billed with it.

4.5. Software products and development work are delivered as described on the relevant offer or invoice, and are governed by the Software Licence Terms.

4.6. Almost every order is created within a minute of payment. We may hold an order and delay creation while we verify it, when the payment, the Account or the order itself carries signs of fraud, when the payment method is reported stolen, or when a law or a payment network requires the check. We tell you by email when we hold an order, we do it for as short a time as the check takes, and if we cannot verify it we cancel the order and refund the payment in full. A hold under this clause is not a failure to deliver.

5. Prices, Taxes and Payment

5.1. Prices are shown in United States dollars (USD). There are no setup fees for the standard hosting plans. Taxes, where they apply, are shown at checkout.

5.2. Services are paid in advance for each billing period. Payment methods are the ones offered at checkout: card and wallet payments processed by Stripe, and Account credit. We never receive or store full card numbers or security codes.

5.3. Account credit may be applied to any of our invoices. Account credit is not money on deposit: it is non-transferable, cannot be withdrawn or paid out in cash, and is subject to the Refund and Cancellation Policy.

5.4. You may save a payment method in the client area so renewals are charged automatically. You can remove it or turn automatic renewal off at any time.

5.5. Where a payment fails, is reversed or is charged back, the invoice returns to unpaid and the arrears rules in Section 8 apply.

6. Term, Renewal and Price Changes

6.1. A Service runs for the billing period you paid for and renews for the same period unless it is cancelled before the end of the current period.

6.2. Before each due date we issue a renewal invoice and send it to the address on your Account, with reminders. If a payment method is saved and automatic renewal is on, we charge it on the due date; if the charge fails we retry it and you can also pay the invoice manually from the client area.

6.3. The price of a period you have already paid does not change. We may change the price of future periods. We will notify you by email or in the client area at least 30 days before a new price applies to one of your Services, and you may cancel before it takes effect. Continuing the Service after that date means you accept the new price.

6.4. Promotional or custom prices apply for the period stated when they are granted; when that period ends, the standard price applies, with the notice in 6.3.

7. Cancellation, Upgrades and Downgrades

7.1. You may cancel a Service at any time from the client area, without giving a reason. By default the Service stays active until the end of the period you paid for and is then deleted with all its data. You may instead choose immediate cancellation, which deletes the Service right away; no refund is due for the remaining days.

7.2. A scheduled cancellation can be undone from the client area at any time before it runs.

7.3. An upgrade requested during a billing period is charged on a prorated basis for the days remaining in that period and applies once paid. A downgrade takes effect at the next renewal; the current period is not refunded or credited in part.

7.4. Cancelling a Service does not close your Account. Account closure is described in the Privacy Policy.

8. Late Payment, Suspension and Deletion

8.1. If a renewal invoice is not paid by its due date, the Service is suspended 7 days after that date. A suspended server is stopped and cannot be accessed, but its data is kept.

8.2. If the invoice is still unpaid 14 days after the due date, the Service is permanently deleted, including files, worlds, databases, configuration and backups. Deleted data cannot be recovered.

8.3. Paying the outstanding invoice before deletion restores the Service. After deletion, a new order is required and the previous data will not be available.

8.4. These timelines can differ for a specific product or a custom invoice; the dates that apply to each of your Services are shown in the client area before they are reached.

9. Refunds, Credits and Disputes

9.1. Services are prepaid and, once provisioned, are not refundable. The narrow exceptions we honour, how to request them and the window to do so are set out in the Refund and Cancellation Policy, which you accept at checkout together with these Terms.

9.2. You agree to contact us before opening a dispute or chargeback with your bank or card issuer. The Chargeback and Dispute Policy describes what happens if a chargeback is filed on a delivered Service, including suspension while it is open and your liability for the disputed amount and the processor's dispute fee.

10. Your Content, Backups and Deletion of Data

10.1. You keep ownership of the content you place on a Service — files, worlds, databases, configuration, code. You grant us only the rights needed to host, store, copy, transmit and back up that content in order to provide the Service, and to disclose it where Section 15 or the law requires.

10.2. You are responsible for your content and for keeping your own copies. The backup slots included with a plan are a convenience, not a guarantee: backups can fail, be incomplete or be lost, and they are deleted with the Service.

10.3. When a Service ends — cancellation, expiry, non-payment or termination — its data is deleted and cannot be recovered. Download what you need before the deletion date shown in the client area.

10.4. After your Account is closed we delete your personal data except the billing records we must keep by law and the minimum information needed to prevent fraud and defend claims, as described in the Privacy Policy.

11. Resources and Fair Use

11.1. Each Service receives the memory, CPU allowance and storage of its plan and may use them fully for the purpose of the product.

11.2. Sustained abuse of shared resources is prohibited, including cryptocurrency mining and other proof-of-work computation, stress-testing or load-generation tools, deliberate circumvention of the limits of your plan, and workloads unrelated to the product such as general file storage or distribution. The Acceptable Use Policy has the full list.

11.3. If a Service degrades the performance or stability of other customers' services, we may limit its resources, stop it or suspend it, and will tell you when it is practical to do so.

12. Availability and Maintenance

12.1. We operate the network and the nodes with the availability target and the credit remedy described in the Service Level Agreement. Except for that remedy, we do not guarantee uninterrupted or error-free operation.

12.2. Scheduled maintenance is announced in advance where possible and, where possible, is carried out in low-traffic hours.

12.3. Anti-DDoS protection is included with hosting Services at network level and is provided on a best-effort basis. It does not guarantee protection against every attack, and mitigation can temporarily affect connectivity to a targeted address.

13. Acceptable Use and Third-Party Terms

13.1. You must comply with the Acceptable Use Policy, which prohibits, among other things, attacks on other systems, scanning, botnets, malware and command-and-control, phishing, spam, cryptocurrency mining, illegal content, child sexual abuse material, copyright infringement, cracked or leaked paid content and circumvention of resource limits.

13.2. You are responsible for complying with the terms of every game publisher, platform or software vendor whose software you run on a Service, and for holding the licences that software requires.

14. Software and Licences

14.1. Software that we sell, license or distribute to you is governed by the Software Licence Terms. Buying hosting does not grant you a licence to any software we sell separately, and buying a software licence does not entitle you to hosting.

14.2. The website, the client area, our tooling, documentation and brand remain our property. Nothing in these Terms transfers intellectual property to you beyond the licences expressly granted.

15. Suspension and Termination

15.1. We may suspend or terminate a Service or an Account, with notice where practical and without notice where the matter is urgent, if: (a) an invoice is unpaid as described in Section 8; (b) you breach these Terms or the Acceptable Use Policy; (c) a payment is disputed, reversed, fraudulent or made with a stolen payment method; (d) the law, a court or a competent authority requires it; or (e) the Service is a security risk to our infrastructure or to other customers.

15.2. Serious breaches — child sexual abuse material, attacks on other systems, malware distribution, fraud — result in immediate termination without prior notice, and may be reported to the affected parties, to payment providers and to law enforcement.

15.3. No refund is due for a Service suspended or terminated under this Section, and data on a terminated Service is deleted.

15.4. You may terminate at any time by cancelling your Services and asking us to close your Account.

16. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Services will be uninterrupted, timely, secure, error-free or free of data loss. No advice or information obtained from us creates a warranty that is not stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this Section may not apply to you.

17. Limitation of Liability

17.1. To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, data, goodwill, players or reputation, however caused and on any theory of liability, even if we were advised that such damage was possible.

17.2. Our total liability for all claims arising out of or related to the Services or these Terms is limited to the greater of the amounts you paid us for the affected Service in the three months before the event giving rise to the claim, or fifty United States dollars.

17.3. Any claim relating to a Service must be brought within one year after the event giving rise to it, unless a longer period is required by law.

17.4. These limits do not exclude liability that cannot be excluded by law, including liability for fraud, and they do not affect consumer rights that cannot be waived where you live.

18. Indemnification

You will defend, indemnify and hold harmless TridentSky and the people who work with it from any claim, demand, loss, liability or expense, including reasonable legal fees, arising out of your content, your use of the Services, your breach of these Terms or of any policy that forms part of them, or your infringement of the rights of a third party. We will tell you about the claim, let you control its defence where we reasonably can, and cooperate at your expense.

19. Force Majeure

We are not liable for a failure or delay caused by events beyond our reasonable control, including natural disasters, fire, flood, epidemic, war, terrorism, civil disturbance, strikes, government action, sanctions, failures of power, cooling or transit networks, failures or shutdowns by upstream providers or data centres, and denial-of-service attacks. Where such an event lasts more than 30 consecutive days and prevents a Service from being provided, either of us may terminate the affected Service, and the unused prepaid period will be credited to your Account.

20. Changes to These Terms

We may update these Terms and the policies that form part of them. We will notify you by email or in the client area at least 14 days before the change takes effect, unless the change is required by law or addresses a security or legal risk, in which case it may take effect immediately. The "last updated" date at the top shows the current version. Using the Services after a change takes effect means you accept it; if you do not, cancel your Services before that date.

21. Governing Law and Disputes

21.1. These Terms and any dispute arising out of them or the Services are governed by the laws of the State of Washington, United States, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2. Before starting proceedings, you agree to contact us at [email protected] with a description of the dispute and the outcome you want, and to allow 30 days for us to resolve it informally. We will do the same before starting proceedings against you.

21.3. If the dispute is not resolved, it will be brought exclusively in the state or federal courts located in Benton County, Washington, and both of us consent to the jurisdiction and venue of those courts. This does not prevent either of us from bringing an individual claim in a small claims court with jurisdiction.

21.4. Claims are brought on an individual basis. Neither of us may bring a claim as a plaintiff or class member in a class, collective or representative proceeding, to the extent that waiver is permitted by law.

21.5. If you live in a country whose mandatory consumer protection law gives you the right to bring a claim in your own courts or under your own law, that right is not affected by this Section.

22. Assignment

You may not assign or transfer these Terms, your Account or a Service without our prior written consent; an attempt to do so has no effect. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets, provided the assignee assumes our obligations. These Terms bind and benefit the permitted successors of both of us.

23. Notices

23.1. We give notice to you by email to the address on your Account, by a message in the client area, or by a notice published at tridentsky.net for changes that affect all customers. A notice by email is treated as received on the day it is sent. Keeping a valid, monitored email address on the Account is your responsibility.

23.2. You give notice to us by email to [email protected] or by a support ticket in the client area. Postal notice may be sent to the address in Section 25; email is faster and is our preferred channel.

24. General

24.1. These Terms, the policies they incorporate and the product details shown at checkout or on the invoice are the entire agreement between you and us about the Services, and replace earlier statements about them.

24.2. If a provision is held invalid or unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.

24.3. A failure to enforce a provision is not a waiver of it, and a waiver in one instance is not a waiver in another.

24.4. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship, and there are no third-party beneficiaries.

24.5. Sections that by their nature should survive termination do so, including Sections 9, 10, 16, 17, 18, 21 and 24.

24.6. These Terms are published in English and Spanish. The English version is the canonical text; if the versions differ, the English version prevails, unless the law where you live requires otherwise.

24.7. Headings are for convenience and do not affect interpretation.

25. Contact

TridentSky 5501 Hildebrand Boulevard a340, Kennewick, WA 99338, United States Email: [email protected] Website: tridentsky.net Client area: billing.tridentsky.net