Last Updated: March 24th, 2021
These Terms govern your access to and use of the products and services we provide through joystack.com (collectively, “Services”).
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorised to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
We refer to Stack Internet Ltd your service provider collectively as “Joystack” or “we” throughout these Terms.
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create a joystack.com account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account and all of your projects. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
Participating in the BETA
Our services are currently in public Beta. This means that disruptions can occur anytime and frequently. Only if you have a BETA Token you can currently sign up.
Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
Responsibility of published content
We haven’t reviewed, and can’t review, all of the server projects made available through our services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful.
- You’re fully responsible for the Content available on your account and server projects, and any harm resulting from that Content. It’s your responsibility to ensure that your accounts Content abides by applicable laws and by the Agreement.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Please note that additional third-party terms and conditions may apply to plugins, maps and server software you use in your Joystack projects.
For links to third party website we cannot take any responsibility.
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of game server software or plugins.
Fees, Payment, and Renewal
Currently our services are available in a Free-Plan. On request there are additional services available for a fee. As long as you didn't register a payment method with us or explicitly ordered a plan there will be no hidden charges and you can enjoy joystack.com for free. If you choose to order a paid plan please understand the following terms:
- Fees for Paid Services. By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, or recurring fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting or support or in your dashboard.
- Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
- Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final because we start rendering your service immediately after payment is authorised.
- Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your account or paid service.
- Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a joystack.com plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s website. For example, you can manage all of your joystack.com plans through your joystack.com Dashboard, click on the plan you want to cancel, then follow the instructions to cancel the subscription or turn off auto-renew. If auto-renew is successfully turned off, you’ll see the date on which your subscription expires. If you have multiple Paid Services to cancel, repeat this process for each subscription. If you don't have any subscriptions yet this page might not be available in your dashboard.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
General Representation and Warranty
We encourage you to utilize the platform freely and creatively, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of Joystack or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used for political activism, (fake) news publishing, extremism, provocation or other misuses
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
Specific Service Terms
Discussion Forum Rules
You have to accept and follow the forum rules, if you would like to participate in our discussion forums: https://forum.joystack.com/threads/forumrules.2
For using the Discord server additional terms from the "rules" channel apply.
Joystack.com Cloud Server
joystack.com enables you to quickly create your own game server projects and configure them as you wish. A joystack.com account also allows you to sign into some of our other Services.
joystack.com’s basic service is free, and we offer paid plans that add advanced features like a custom domain name, extra storage, and access to premium functionalities.
DomainsIf you create a project on joystack.com, you get free use of an Joystack-owned subdomain, like example.joystack.host or steve.joystack.host. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.
Removing ContentIf you delete Content, we’ll use reasonable efforts to remove it, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
Advertisements.We may display advertisements on the dashboard, your project or your projects public websites except if you purchased a plan that removes these ads.
Start & Stop, Waiting TimesAs long as you plan doesn't include Always-On-Functionality we might stop your free projects at any time. For example if we detect no players, do maintenance works or need more resources for paying customers. Under certain circumstances you might be able to decrease the frequency of this happening in the dashboard and you will usually get a warning before the server gets stopped.
Deletion of inactive accounts & projectsWe try to offer for free a substantial amount of performance and storage. To make sure inactive accounts & projects don't block our capacity we delete inactive projects and accounts regularly. Please log in to your account at least once every 14 days to prevent it being scheduled for automatic deletion. Also we recommend to download backups of your map after milestones or before a longer absence to be able to restore it in case your project or account got deleted. You acknowledge that unless you are on a paid plan we don't give any guarantees for the availability of your server and files.
Attribution, References to Joystack.comWe reserve the right to put links and references to joystack.com in your projects. For example any free project will have the notice "hosted by joystack.com" in the MOTD and other relevant places.
For other server types there might be additional or different license agreements that will have to be accepted before the first start.
License agreement for plugins & modsIf you choose to include plugins or mods on your server project it is your responsibility to check the respective license agreements of these additional software binaries. In our plugin gallery there is usually a link to the project page where these terms should be clarified.
Responsibility for the content on your serverWe developed Joystack with the idea in mind to give you maximum flexibility and control over your projects. This leaves the responsibility on your side to moderate your server and ensure no illegal content is found on it. If someone finds illegal content and reports it to us we might terminate your account.
We recommend for private server projects to always enable the whitelist and just let players join that you personally know. Please also make sure that you follow the necessary data protection practices applicable for your target audience and jurisdiction.
Prohibited Uses.By using joystack.com you agree to not violate this agreement or the respective EULA for your server types. We might add additional prohibited uses at any time.
Found Abuse, Offensive or Illegal Content?If you found a "hosted by joystack.com"-Server that violates any of these terms, the EULA or the applicable law report it via [email protected] or in the discussion forums / discord.
The Agreement doesn’t transfer any Joystack or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Joystack and you) solely with Joystack. Joystack, joystack.com and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Joystack (or Joystack’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Joystack or third-party trademarks.
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Joystack, or if Joystack posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a partial refund.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to inactivity (14 days without login), (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Joystack policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your storage or bandwidth usage burdens our systems, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” Joystack and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Joystack, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability
In no event will Joystack, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Joystack under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Joystack shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Joystack, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you public, and any other activities conducted through your account.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Joystack and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Joystack may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
These Terms are also available in:
- German (DE): https://joystack.com/terms/de
If you reside outside of Germany, Switzerland and Austria the English terms will control.
That's all - thanks for reading!
- 24/03/2021: Initial Version
Attribution & License
These Terms are based on a modified version of Automattic “Legalmattic” and are available to use and repurpose under a Creative Commons Sharealike license, which means that you’re more than welcome to copy them, adapt them, and repurpose them for your own use.