Terms of Service

1. Acceptance of these Terms

By ordering, purchasing, accessing or using a service provided by Simspeed ("Simspeed", "we", "us" or "our"), you agree to these Terms of Service.

If you do not agree with these Terms, you must not order or use our services.

If you purchase a service on behalf of a company, organisation, community or other legal entity, you confirm that you have the authority to accept these Terms on its behalf.

2. Our Services

Simspeed provides game server hosting and related services, which may include server management panels, storage, networking, backups, mod support, plugin support and other hosting features.

The exact resources and features included with a service are determined by the package description shown at the time of purchase.

Server resources may include limits or allocations for CPU, memory, storage, network traffic, backups, ports or other technical resources.

We may make reasonable technical changes to our infrastructure, software or network where required for security, stability, compatibility, maintenance or performance.

3. Customer Accounts

You are responsible for providing accurate account and billing information and for keeping this information up to date.

You are responsible for maintaining the confidentiality and security of your account credentials.

Activity performed through your account will generally be treated as activity authorised by you unless you notify us of suspected unauthorised access.

You must notify Simspeed as soon as reasonably possible if you believe that your account, server or credentials have been compromised.

Account sharing is permitted only where appropriate for the operation of your server. You remain responsible for users to whom you grant administrative access.

4. Prices and Payments

The price, billing period and applicable taxes for a service are displayed before the order is completed.

Payment must be made using one of the payment methods made available through our website or billing system.

Services must normally be paid in advance for the applicable billing period.

We may change prices for future billing periods. Existing customers will be informed of material price changes before the new price applies where required by applicable law.

A price change will not retroactively alter a billing period that has already been paid.

5. Billing and Renewals

Depending on the payment method and option selected during checkout, a service may renew automatically or may require manual renewal.

Where automatic renewal is enabled, the applicable subscription amount may be charged for the next billing period unless the service is cancelled in accordance with the cancellation options available through your account.

Customers are responsible for ensuring that a valid payment method is available where automatic payment is used.

Failure to pay an invoice may result in suspension and eventually termination of the affected service.

6. Cancellation, Withdrawal and Refunds

6.1 Cancelling a Service

You may request cancellation of a service through the customer portal or another cancellation method provided by Simspeed.

Unless otherwise stated during cancellation, cancellation normally prevents renewal of the service and the service remains available until the end of the already-paid billing period.

6.2 EU Consumer Right of Withdrawal

Consumers who purchase services online may have a statutory right to withdraw from the contract within 14 days of concluding the contract, subject to the exceptions and conditions provided by applicable consumer law.

Where a service has been fully performed during the withdrawal period, the statutory right of withdrawal may cease where the legal requirements for doing so have been satisfied, including any required express consent and acknowledgement from the customer.

Nothing in these Terms excludes a statutory consumer right that cannot legally be excluded.

6.3 Other Refunds

Outside statutory withdrawal rights and other mandatory legal rights, payments for an already-started billing period are generally non-refundable unless Simspeed agrees otherwise.

If Simspeed is unable to provide a paid service in accordance with the agreement, you may be entitled to repair, restoration, price reduction, termination, refund or another remedy where required by applicable law.

Refund requests resulting from technical problems should first be reported to Simspeed support so that we have a reasonable opportunity to investigate and resolve the problem.

7. Acceptable Use

Simspeed services are intended primarily for hosting legitimate game servers and related game-server applications.

You may not use our services to:

• Host or distribute content that is unlawful under applicable law.
• Conduct, coordinate or facilitate denial-of-service attacks.
• Attack, scan, exploit or attempt unauthorised access to other systems or networks.
• Operate malware, ransomware, botnets or malicious command-and-control systems.
• Distribute malicious software or intentionally compromised files.
• Send unsolicited bulk messages or spam.
• Host phishing websites or other fraudulent services.
• Use the service for cryptocurrency mining without our prior written approval.
• Attempt to bypass resource limits, security controls or billing restrictions.
• Interfere with the availability or performance of other customers.
• Use our infrastructure in a way that creates an unreasonable security or network risk.

Content and activities that violate the rights of third parties, including applicable intellectual-property rights, may also be removed or restricted where required by law.

8. Server Resources and Fair Use

Game hosting operates on shared or dedicated infrastructure depending on the service purchased.

Resource limits displayed for your package, including CPU, memory, storage and other limits, form part of the service specification.

A customer's server must not intentionally circumvent configured limits or consume resources in a manner that materially impacts other customers or the stability of the underlying infrastructure.

In exceptional situations where a server is causing significant instability, network disruption or excessive load beyond its intended allocation, Simspeed may temporarily restrict or stop the affected process or server.

Where reasonably possible, we will contact the customer and work with them to resolve persistent resource usage problems.

9. Mods, Plugins and Third-Party Software

Simspeed may provide tools or support for installing game mods, plugins, extensions, server frameworks or other third-party software.

Third-party software is not developed or controlled by Simspeed unless explicitly stated otherwise.

We do not guarantee that a particular mod, plugin, workshop item, game update or third-party application will always remain compatible with your server.

Game developers, mod authors and other third parties may update, modify or discontinue their software independently of Simspeed.

Problems caused solely by incompatible or defective third-party modifications do not automatically constitute a failure of Simspeed's hosting infrastructure.

Customers are responsible for ensuring that their use of games, mods, plugins and other third-party software complies with the applicable licence agreements and terms of those third parties.

10. Backups and Customer Data

Where backups are included with a hosting package, Simspeed will make reasonable efforts to provide the backup functionality described for that package.

Backups may fail because of software errors, corrupted data, storage failures or circumstances outside our reasonable control.

Unless a specific backup retention period is included with the service, Simspeed does not guarantee indefinite retention of backups.

Following termination of a service, server files and backups may be permanently removed after a reasonable retention period. Customers should download any data they wish to retain before termination.

11. Security and DDoS Protection

Simspeed may use network-level DDoS mitigation, firewalls and other security systems to protect its infrastructure.

DDoS protection reduces the risk and impact of attacks but does not guarantee that every attack can be mitigated without service degradation or interruption.

We may temporarily filter, null-route, restrict or otherwise protect an IP address, service or network when reasonably necessary to protect Simspeed infrastructure or other customers.

12. Availability, Maintenance and Uptime

Simspeed aims to maintain reliable service availability but uninterrupted operation cannot be guaranteed.

Service may be interrupted because of scheduled maintenance, emergency maintenance, hardware failure, software failure, network problems, upstream-provider incidents, DDoS attacks, security incidents or circumstances outside our reasonable control.

Where practical, we will attempt to provide advance notice of planned maintenance that is expected to materially affect service availability.

No specific uptime percentage or service-level agreement applies unless an SLA is explicitly included with the purchased service.

13. Technical Support

Simspeed provides reasonable technical support for problems relating to the hosting service and infrastructure supplied by us.

Support does not necessarily include administration of customer game worlds, custom scripts, mods, plugins or third-party applications unless specifically included with the service.

Response times may vary based on workload, incident severity and support availability unless a specific response time has been contractually agreed.

Customers must cooperate reasonably with troubleshooting, including providing relevant logs, error messages and other technical information where required.

14. Game Updates and Compatibility

Game developers and software vendors may release updates without notice to Simspeed.

Such updates may temporarily cause servers, mods, plugins, management tools or other third-party components to stop working.

Simspeed will make reasonable efforts to maintain compatibility with supported games, but we cannot guarantee immediate compatibility following every third-party update.

15. Suspension of Services

Simspeed may suspend all or part of a service where reasonably necessary because of:

• Non-payment of an overdue invoice.
• A serious or repeated violation of these Terms.
• Illegal activity.
• A security incident or compromised server.
• Activity that threatens our infrastructure or other customers.
• An active attack requiring network isolation.
• A valid legal or regulatory requirement.

Where the situation allows it, we will attempt to provide notice and an opportunity to resolve the issue before permanent termination.

Immediate suspension may occur where urgent action is reasonably necessary to protect systems, customers, third parties or our network.

16. Payment Disputes and Chargebacks

If you believe a payment is incorrect, please contact Simspeed support so that we can investigate it.

If a payment is reversed or disputed through a payment provider, we may temporarily suspend the associated service while the payment dispute is investigated.

This section does not limit any statutory right to dispute an unauthorised or incorrect transaction.

17. Liability

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

To the extent permitted by law, Simspeed is not liable for indirect or consequential losses resulting from the use or unavailability of the service, including loss of expected revenue, loss of game progress or loss caused by third-party software.

Simspeed is not responsible for problems caused by circumstances outside our reasonable control, including failures of third-party networks, game publishers, software vendors, customer modifications or customer-controlled systems.

Customers are responsible for maintaining independent backups of data that would cause significant loss if permanently deleted or corrupted.

Any contractual limitation of liability applies only to the extent permitted by applicable law and does not affect mandatory consumer rights.

18. Termination

Customers may terminate a service by cancelling it through the customer portal or another method provided by Simspeed.

Simspeed may terminate a service for a material or repeated violation of these Terms, subject to applicable law.

Where appropriate, we will provide the customer with a reasonable opportunity to correct a violation before termination.

Serious abuse, unlawful activity, deliberate attacks, fraud or activity creating an immediate security threat may result in immediate termination.

Upon termination, the customer's right to use the affected service ends. Server data may subsequently be permanently deleted.

19. Privacy and Personal Data

Simspeed processes personal information required to operate accounts, provide services, process payments, prevent abuse and provide customer support.

Further information about how personal information is processed, retained and protected is provided in our Privacy Policy.

20. Third-Party Services

Our services may rely on third-party infrastructure, payment providers, network providers, game publishers, software, authentication systems and other external services.

Where you use a third-party service, you may also be subject to that third party's terms and policies.

Simspeed does not control changes, outages or decisions made independently by those third parties.

21. Changes to these Terms

Simspeed may update these Terms where reasonably necessary, including because of changes to our services, infrastructure, security requirements or applicable law.

Material changes affecting an existing ongoing service will be communicated where required by law.

The current version of these Terms will be published on the Simspeed website together with its revision date.

22. Applicable Law and Disputes

These Terms and agreements with Simspeed are governed by the laws of the Netherlands, except where mandatory consumer-protection rules require otherwise.

If you are a consumer residing in another country, this choice of law does not deprive you of mandatory protections that apply to you under applicable consumer law.

We encourage customers to contact Simspeed first if a dispute occurs so that we can attempt to resolve the matter directly.

Any legal dispute will be submitted to the court having jurisdiction under applicable law.

23. Severability

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

The invalid provision will be interpreted or replaced as closely as legally possible to reflect its original purpose.

24. Company and Contact Information

These services are provided by:

Simspeed
Trading name: Simspeed
Chamber of Commerce (KvK): 42140000
VAT number: NL005528211B93
Website: simspeed.net
Support: Please use the support system available through simspeed.net

Questions concerning these Terms may be submitted through our customer support system.