Last Updated: November 16, 2024

Definitions

●     "User" refers to any individual or entity that registers for or uses the services provided by Kraken Hosting.
       

●     "Kraken Hosting" refers to the company providing the hosting services, including all its employees, agents, and affiliates.

1. Introduction

Welcome to Kraken Hosting, a Texas-based provider of game server hosting, web hosting, Discord bots, and related services. By accessing or using our services, you agree to be bound by these Terms of Service. If you do not agree, please discontinue using our services immediately.

2. Services Provided

Kraken Hosting offers a range of services, including but not limited to game server hosting, web hosting, and Discord bot hosting. Users are solely responsible for all activities that occur under their accounts, including any content hosted on our servers.

3. User Responsibilities

Content Ownership: All content hosted on Kraken Hosting servers is entirely the user’s property. Kraken Hosting does not access, share, or use this content, except when legally required or if there is a suspicion of terms or law violations. Content is hosted in isolated containers ensuring privacy.

Prohibited Activities: Users must not engage in activities that are harmful, illegal, or in violation of these Terms, including but not limited to DDoS attacks, unauthorized access to other accounts, or hosting prohibited content. If a user is found engaging in such activities, Kraken Hosting may issue a warning or strike. Repeated or severe violations will result in account suspension or termination.

Valid Billing Information: Users are required to provide accurate and valid billing information when purchasing services. Any fraudulent billing activity, including the use of invalid or stolen payment methods, will result in the immediate suspension of services and may lead to legal action.

4. Acceptable Account Info Policy

To ensure billing accuracy and proper account management, all users are required to provide complete and accurate information, including legal name, email address, and any other requested details at account creation. Failure to provide accurate information or submission of falsified details may lead to account suspension. If incorrect information is discovered, the user will be contacted and given 7 days to correct it. Failure to update the information within this period may result in account strikes, which can lead to further restrictions or a permanent ban from our services if the issue persists.

5. Payment and Billing

Billing Cycles: All services are billed at the start of each billing cycle, and payment is required in full at that time. A 7-day period from the date of purchase is available during which users may request a refund if they are unsatisfied with the service, or a 3-day period for unspent balance purchases. Refund requests made after this 3- or 7-day period will not be eligible for refunds.

Refund Eligibility: Purchases made using account balances are only eligible for refunds back to the account balance, due to pooled transaction tracking. Any chargebacks are strictly prohibited and may lead to immediate account termination.

6. Account Termination

Kraken Hosting reserves the right to terminate any user account at its discretion for any reason, including but not limited to violations of these Terms, suspicious or malicious activities, or failure to provide valid billing information. Termination may include a ban or IP ban from accessing Kraken Hosting services, and no refunds will be issued in cases of termination due to violations.

7. User Data Rights and Privacy

Data Rights: Users have full rights to manage their data. This includes downloading, viewing, managing, and deleting data. Kraken Hosting retains user data for the duration of the account's existence unless a deletion request is made. Data will be permanently deleted 72 hours after a deletion request, unless required to be retained by law.

Privacy: Kraken Hosting strictly prohibits the sharing of user data with third parties, except as required by law. Additionally, Kraken Hosting does not collect data from minors under any circumstances.

8. Data Transfers and Security

Secure Transmission: All user data is securely transmitted using HTTPS protocols. Data is stored in the United States and is not accessed by Kraken Hosting’s server nodes in Germany. Data is communicated exclusively between U.S.-based servers and users' browsers.

Data Breaches: In the event of a data breach, Kraken Hosting will conduct a thorough investigation, notify affected users via email, disclose the extent of exposed data, and report the breach to the relevant authorities.

9. Arbitration and Dispute Resolution

All disputes or claims arising out of or relating to these Terms or Kraken Hosting services shall be resolved through binding arbitration in Texas, in accordance with the laws of the State of Texas. Arbitration will be the exclusive remedy for any disputes.

10. Limitation of Liability

Kraken Hosting shall not be held liable for any indirect, incidental, or consequential damages resulting from the use of our services, including but not limited to data loss, service interruptions, or unauthorized access to user content.

11. Uptime Guarantee:

Kraken Hosting aims to provide a soft 99.9% uptime guarantee for its services. In the event that uptime falls below this threshold within a billing cycle, users may request a proportional refund based on the percentage of uptime lost. To claim this refund, users must submit a support ticket within 7 days of the occurrence. In the event Kraken Hosting’s status page is not accurate, this does not entitle users to any compensation unless that user’s services are affected.

12. Indemnification

Users agree to indemnify and hold Kraken Hosting, its officers, directors, employees, and agents harmless from any claims, liabilities, damages, or expenses arising from their use of our services or any violation of these Terms.

13. Amendments to Terms

Kraken Hosting reserves the right to modify or update these Terms of Service at any time. Significant changes will be communicated to users through the contact information provided. Continued use of services after changes are posted constitutes acceptance of the updated Terms. Users understand that changes to these terms will
not result in immediate termination of their order.

14. Contact Information

For any inquiries or support, users are encouraged to contact Kraken Hosting via email at [email protected] or by opening a ticket at https://krakenhosting.net/tickets/create.