Terms of Service

These Terms of Service (this "Agreement") are entered into by and between Prism Cloud LLC DBA PrismNodes. ("Prism", "PrismNodes", "Prism Nodes" "we", or "us") and you, who is either (a) an individual user of the Services, or (b) an individual acting on behalf of a legal entity that is a user of the Services (as defined below). This Agreement governs your use of the Services and constitutes a legally binding agreement between you and Prism.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PRISM. BY SUBSCRIBING TO, ACCESSING, OR USING THE SERVICES, YOU CONFIRM THAT (1) YOU HAVE READ THIS AGREEMENT, (2) YOU ACCEPT THE TERMS OF THIS AGREEMENT, AND (3) YOU READ, UNDERSTOOD, AND ACCEPT OUR PRIVACY POLICY AVAILABLE AT https://prismnodes.com/privacy.

IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT REGISTER FOR OR USE THE SERVICES NOR CLICK "I ACCEPT" OR "AGREE" TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

1. Description of our Services

Prism provides game hosting services, virtual private servers, and other related services (collectively, the "Services").

2. Definitions

• "Applicable Laws" means all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority in any jurisdiction over the Services or the parties to this Agreement, whether those laws are now in effect or later come into effect during the term of this Agreement.
• "Subscription Period" means the term of your subscription to the Services.

3. Scope of Rights and Restrictions

3.1. Services. Prism hereby grants you the revocable, non-exclusive, limited, non-transferable right to access and use the Services solely in strict accordance with this Agreement.

3.2. Alpha. You acknowledge and agree that Prism is providing the Services hereunder as an "alpha" release, and that the Services may contain bugs, errors, and other issues. You acknowledge and agree that the Services may not be complete and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information. You acknowledge that the Services are being provided on an "AS IS" and "AS AVAILABLE" basis, and that Prism does not warrant that the Services will be uninterrupted or error-free, unless otherwise guaranteed by a Service Level Agreement. You acknowledge and agree that the use of the Services may result in unexpected results, loss of data, delays, or other unpredictable damage or loss to you or others. You acknowledge and agree that Prism is not responsible for any such damage or loss.

3.3. Restrictions. You agree not to, and not to allow others to use, the Services in any manner outside of the scope of the rights granted to you under this Agreement. Without limiting the foregoing, you expressly agree not to do the following with respect to the Services: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services or its structural framework, (ii) sublicense, subcontract, translate or sell any rights to the Services, (iii) use any robot, spider, site search or retrieval mechanism or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, (iv) harvest or collect information about or from other users of the Services (v) probe, scan or test the vulnerability of the Services, nor breach the security or authentication measures on the Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services (vi) modify or create derivative works of the Services, (vii) attempt to gain unauthorized access to the Services or its related systems or networks, (viii) use the Services in whole or in part for any illegal or other purpose except as expressly provided under this Agreement, (ix) collect or upload any personally identifiable information from or to the Services, except as authorized by the relevant subject, or (x) facilitate or encourage any violations of this Section 3.3.

3.4. Third Party Services. Certain features and functionalities within the Services as we determine in our sole discretion may include or otherwise also allow you and other holders to interact with, access and/or use compatible third-party services, products, data, technology, websites and content (collectively, "Third Party Services") through the Services. You agree that Prism does not provide any aspect of the Third Party Services and is not responsible for the accuracy of such Third Party Services nor any compatibility issues, errors or bugs in the Services or Third Party Services caused in whole or in part by the Third Party Services or any update or upgrade thereto.

3.5. Reservation of Rights. All rights not expressly granted to you under this Agreement are reserved by Prism and its licensors. There are no implied licenses granted hereunder.

4. Account Information

You may be required to register an account to access and use the Services. You agree to provide accurate, current, and complete information about yourself as required during the registration process ("Registration Data"), and to update such Registration Data to ensure that it remains accurate, current, and complete. You agree that Prism may store and use the Registration Data you provide for use in maintaining and billing fees to your account. You are solely responsible for maintaining the confidentiality and security of your account credentials, and you are fully responsible for all activities that occur under your account, including the activities of any other users who you allow to access the Services via your account. You agree to notify Prism immediately of any unauthorized use of your account or any other breach of security. Prism will not be liable for any loss or damage arising from your failure to comply with this section.

5. Termination

Prism may terminate this Agreement or your account for any reason or no reason at all, at any time without notice, with or without cause, in its sole discretion. Upon any termination of this Agreement or your account, you shall immediately cease all use of the Services. Sections 1, 2, 3.3, 3.4, 4, 5, 6, 7, 8, 9 shall survive any termination of this Agreement.

6. Confidentiality

6.1. Confidential Information. For purposes of this Agreement, "Confidential Information" means any non-public information disclosed to you by Prism, either directly or indirectly, in writing, orally, or by inspection of tangible objects. Confidential Information shall include without limitation (i) non-public information relating to Prism's or its affiliates' technology, customers, business plans, promotional and marketing activities, finances, and other business affairs, (ii) third-party information that Prism is obligated to keep confidential, and (iii) the nature, content, and existence of any discussions or negotiations between you and Prism.

6.2. Obligations. You agree: (a) to maintain the confidentiality of such Confidential Information using at least the same degree of care that you use to protect your own confidential information of a similar nature, but in no event less than a reasonable degree of care; (b) not to disclose or allow access to the Confidential Information to any third party except as permitted by Prism; and (c) to use the Confidential Information solely for the purposes of this Agreement. The restrictions on disclosure and use of Confidential Information do not apply to any information that (i) is or becomes publicly available without breach of this Agreement, (ii) was in your possession before receipt from Prism, as evidenced by your records, (iii) is received by you from a third party without breach of any obligation of confidentiality, or (iv) is independently developed by you without use or reference to Prism's Confidential Information.

7. Warranty Disclaimers

7.1. General Disclaimers. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EXCEPT AS OTHERWISE STATED HEREIN, THE SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PRISM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PRISM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRISM OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

8. Limitation of Liability

8.1. Consequential Damages Waiver. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PRISM OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF PRISM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PRISM'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO PRISM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE FIRST CLAIM ARISES HEREUNDER.

8.2. Basis of the Bargain. You acknowledge and agree that Prism has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties, and that the same form an essential basis of the bargain between the parties.

9. General

9.1. Assignment. You may not assign this Agreement, by operation of law or otherwise, without Prism's prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Prism may assign this Agreement, in whole or in part, to any third party at any time without notice.

9.2. Relationship. The parties to this Agreement are independent contractors. Neither party shall have any authority to assume or create any obligation for or on behalf of the other party, express or implied, and nothing contained in this Agreement shall create, or be construed as creating, a partnership, joint venture, agency, or other form of joint enterprise between the parties.

9.3. Severability. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, the provision will be modified to the minimum extent necessary to comply with applicable law and to effect the intent of the parties, and the remaining provisions will remain in full force and effect.

9.4. Governing Law. This Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to the principles thereof relating to conflicts of laws. The parties consent to exclusive jurisdiction in the state and federal courts located in Boulder, Colorado.

9.5. Entire Agreement. This Agreement, including any additional policies incorporated by reference herein, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings, representations, and agreements, whether written or oral, with respect to such subject matter.

9.6. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed received by the recipient (i) if personally delivered, upon receipt, (ii) if sent by a reputable overnight courier (receipt requested), upon delivery, (iii) if sent by certified or registered mail (return receipt requested), upon receipt, and (iv) if sent by facsimile or email, upon the recipient's acknowledgement of receipt.

9.7. Waiver. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

Acceptable Use Policy

We created Prism Cloud to make it easier to host servers for your favorite games. We're committed to making our platform safe, secure, and welcoming, and we need your help to do that. This Acceptable Use Policy ("AUP") outlines common-sense rules that apply to all Prism Cloud users. The AUP is part of the Terms of Service.

Prohibited Activities

You may not use our Site or the Services (each as defined in our Terms of Service), or enable anyone else to use the Site or the Services, in a manner that:

• Violates or infringes someone else's rights of privacy, publicity, copyright, trademark, or other intellectual property right;
• Bullies, harasses, or intimidates any person or group of people;
• Defames, abuses, harasses, threatens, or otherwise violates the legal rights of others;
• Creates accounts to access our Services through unauthorized or automated means;
• Execute or participate in a coup or otherwise attempt to overthrow a government;
• Interferes with the integrity or performance of the Site or the Services, whether by use of malicious code, unauthorized access, the creation of inauthentic accounts, or otherwise.

Age Restriction

You may not use Prism's Site or Services if you are a child under the age of 18. Please see our Privacy Policy for more information regarding children's privacy.

Unlimited Storage Policy

Servers are provided with a baseline amount of storage necessary to run the server. We do not typically limit the amount of storage you can use if stated unlimited, but we reserve the right to limit the amount of storage you can use if we determine that your storage usage is excessive. Excessive use of storage is determined by the effect it has on the performance of the server and the average storage usage of other users. This policy exists as a method of protecting other users, not as a method of explicitly limiting your storage usage.

Trial Policy

We offer a 24-hour trial period for all of our paid Minecraft services. If you have previously used a trial period, you are not eligible for another trial period. We reserve the right to limit the number of trial periods you can use if we determine that you are abusing the trial period system.

Refunds and Cancellations

We offer a 24-hour refund period for all of our paid services (except dedicated servers). You may email us at [email protected], or create a ticket within the Discord server (accessible via the management panel) to request a refund. We reserve the right to limit the number of refunds you can request if we determine that you are abusing the refund system or if we determine that you are not using the Services in good faith. You can also cancel your services via the same methods.

Promotions Policy

We may offer promotions from time to time. We reserve the right to limit the number of promotions you can use. Prism cannot guarantee that promotions will be available at any given time.

Thank you for using Prism Cloud. Your adherence to these guidelines helps us maintain a safe, secure, and welcoming environment for everyone. If you have any questions about this AUP, please contact us at [email protected].