Packyard Terms of Service

v0.5.10 DRAFT (from growth/legal-pages.md §A). Not final: the founder re-approves and a lawyer reviews before public launch.

1. Who we are. Packyard is a trading name of Interdatum Systems Incorporated, a British Columbia, Canada company ("Packyard", "we", "us"). These terms are an agreement between us and you, the person or organisation using Packyard ("you"). Contact: hello@packyard.ca · 5053 Cambria Wood Terrace, Victoria, BC V8Y 2X1, Canada.

2. Accepting these terms. You accept these terms when you create an account or buy a server. If you're buying for a group, you're responsible for how the group uses the server.

3. Age. You must be at least 13 to have an account. In some EU countries, if you're under 16 (or the age your country sets), your parent or guardian must agree. If you're under 18, a parent or guardian must agree to these terms and make the payment.

4. Your account. Keep your login safe. You're responsible for what happens on your account and your servers, including what players and anyone you give panel access to do. Tell us at once if you think someone has got into your account.

5. The service.

• What you get: a Minecraft: Java Edition game server with the RAM you pay for (your full RAM is reserved for you whenever your server is running), a control panel, the modpack installer, automatic backups, an address on our domain, and our DDoS-filtered network in front of it.
• Your address: your server's address stays the same while your account is active, including when we move your server between machines. The address belongs to us and you can't transfer it. If your server is deleted, the address is released and may be given to someone else after 90 days.
• Region: US and Canada (outside Quebec) for the beta. Europe after public launch, once we're set up there.
• Beta: during the beta, features may change, break or be removed, and we'll fix things as we go. Beta prices are on the Refund & Billing page.
• No uptime guarantee. We work to keep servers running but don't guarantee any level of uptime or performance. If your server is down for more than an hour because of a problem on our side, we credit your account for the time lost (see /refunds).
• Maintenance and moves: we may restart or move your server for maintenance, upgrades or capacity. We'll try to give notice for planned work and to keep it brief.

5a. Where we sell. During the beta, paid plans are only available to customers with a billing address in the United States or Canada, excluding Quebec. Anyone, anywhere, can join the waitlist. If a purchase comes through with a billing address anywhere else (including Quebec), we refund it in full straight away and cancel the server. We'll tell you when Packyard opens where you are.

6. Minecraft and third-party software. Packyard is not an official Minecraft product and is not approved by or associated with Mojang or Microsoft. You must follow the Minecraft EULA and Mojang's Usage Guidelines, including their rules on what servers may charge players for. Modpacks, mods and plugins belong to their authors and come under their own licences. We install them for you as a convenience, but we don't own, support or guarantee them.

7. Acceptable use. You and your players must not use Packyard to:

• break the law, or host or share illegal content (including child sexual abuse material, which we report to the Canadian Centre for Child Protection / Cybertip.ca and to police, as Canadian law requires);
• infringe others' copyright or other rights, including running or sharing pirated, cracked or otherwise unlicensed software, mods, plugins or paid content;
• attack, scan or disrupt any system or network (DDoS, port scanning, flooding, exploit testing against others), including our own, and including "testing" our DDoS protection;
• mine cryptocurrency in any form (including pools and proxies), or run anything other than a game server and its normal tools: no proxies/VPNs for other traffic, mail sending, bots against other services, or file hosting;
• harass, threaten or abuse people, or host content that promotes violence or hate;
• deliberately overload shared resources (e.g. CPU or disk abuse that hurts other customers' servers);
• resell or sublet servers without our written permission;
• create accounts in bulk or to get around a suspension, use stolen payment details, or use a billing address that isn't really yours to get around §5a.

8. What we can do if the rules are broken. If we reasonably believe you've broken §7 or these terms, we may warn you, limit or suspend the server, or close the account. For serious cases (illegal content, attacks, fraud, stolen cards) we may act at once and without a refund. Otherwise we'll tell you what's wrong and, where possible, give you a chance to fix it. Disputing a payment with your bank (a chargeback) instead of contacting us is treated as a breach: the account is suspended while the dispute is open (see /refunds). We cooperate with lawful requests from authorities.

9. Your content. Your worlds, configs and uploads are yours. You give us only the permission we need to store, copy, back up, move and run them to provide the service. You confirm you have the right to upload them. We don't look at your content except to run the service, help when you ask, investigate abuse, or meet legal duties.

10. Copyright complaints. If you think something on a Packyard server infringes your copyright, email legal@packyard.ca or write to 5053 Cambria Wood Terrace, Victoria, BC V8Y 2X1, Canada. Include who you are, the work, what on our service infringes it and where it is, and how to reach you.

• Canada (notice and notice): for notices that meet the Copyright Act (ss. 41.25–41.26), we forward the notice to the customer, tell you we've done so, and keep the records the Act requires. We don't pass your customer's identity to you without a court order.
• Everyone, including US claimants: we also review notices against these terms. Where the content clearly infringes, we may remove it or suspend the server, and we close the accounts of repeat infringers. A customer who thinks a notice is wrong can reply to us with their reasons.
• US DMCA designated agent: registration pending.

11. Backups and your data. We take automatic daily backups and keep the latest 7 daily backups. The Extra backups add-on keeps them for 30 days, with twice the slots. We take backups with care, but they're best effort and not a guarantee: keep your own copy of anything you can't lose. You can download your world from the panel at any time.

12. Payment, renewal and cancellation. Plans are subscriptions that renew automatically every month (or year, on annual plans) at the price shown at checkout, plus any tax, until you cancel. You can cancel any time in the panel, with no need to contact us. Cancelling stops the next renewal, and your server keeps running until the end of the period you've paid for. Refunds, failed payments, price changes and chargebacks are on our Refund & Billing page (/refunds), which is part of these terms. We email you a receipt and a copy of these terms after purchase.

13. Price changes. We'll email you at least 30 days before any price change applies to your plan. The one exception is the end of beta pricing, which we announce at least 14 days in advance, as covered on /refunds. If you don't agree, cancel before it takes effect.

14. Disclaimer. Apart from what these terms expressly promise, and as far as the law allows, the service is provided "as is" and "as available". We make no other warranties or conditions, including of merchantability, fitness for a particular purpose, or uninterrupted or error-free service.

15. Limit of liability. As far as the law allows: (a) we're not liable for indirect or consequential losses, lost profits or revenue, or lost data (beyond our duty to take backups as described in §11); and (b) our total liability for any claim is limited to what you paid us in the 3 months before the event that caused it. Nothing in these terms limits liability that can't legally be limited, including for fraud, or for death or personal injury caused by negligence. If you're a consumer, you keep the rights your local consumer protection law gives you (in Canada, your province's law; in the US, your state's law; in the EU or UK, your national law), and these terms don't take them away.

16. Governing law and disputes. These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. Disputes go to the courts of British Columbia. If you're a consumer, you can also bring a claim in the courts where you live wherever your local law gives you that right, and your local mandatory consumer protections still apply. Before taking any formal step, please email us first: most problems can be sorted out quickly.

17. Ending the agreement. You can close your account any time. We may end the service for everyone, or for you without cause, with at least 30 days' notice and a pro-rata refund of any prepaid time we don't deliver. Sections 9–10 and 14–17 survive the end of the agreement.

18. Changes to these terms. We may update these terms. For changes that matter, we'll email you at least 30 days before they take effect. If you keep using Packyard after that, the new terms apply. If you don't agree, cancel before they take effect.

19. General. If part of these terms can't be enforced, the rest still applies. You can't transfer this agreement without our consent. We may transfer it to a company that takes over the service. These terms, the Refund & Billing page and the Privacy Policy are the whole agreement between us about Packyard. Partners also have the Partner Terms.