Bananaservers.ca Terms of Service Last Updated: 2-23-2024 Welcome to Bananaservers.ca! These Terms of Service ("Terms") govern your access to and use of Bananaservers.ca's gaming server hosting services (the "Services"), and any text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as "Content"). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services. 1. Use of Services a. You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations. b. The Services are intended solely for users who are thirteen (13) years of age or older. By accessing or using the Services, you represent and warrant that you are 13 years or older and that you agree to and to abide by all of the terms and conditions of these Terms. 2. Accounts a. To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. b. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Bananaservers.ca encourages you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. 3. Content a. You retain your rights to any Content you submit, post, or display on or through the Services. b. By submitting, posting, or displaying Content on or through the Services, you grant Bananaservers.ca a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods. 4. Restrictions a. You agree not to misuse the Services or help anyone do so. Prohibited actions include, but are not limited to, the following: Accessing, tampering with, or using non-public areas of the Services, Bananaservers.ca’s computer systems, or the technical delivery systems of Bananaservers.ca’s providers; Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures; Interfering with or disrupting the access of any user, host, or network. 5. Payments a. Access to certain parts of the Services may require payment. All fees are quoted in the currency displayed on the billing page and are subject to change without notice. b. Subscriptions billed on a recurring basis are subject to change with prior notice from Bananaservers.ca. You agree to be billed according to the billing terms in effect at the time of your subscription renewal. c. All sales are final and Bananaservers.ca offers no refunds, except as may be required by law. d. Failure to settle fees may result in the suspension or termination of Services. 6. Termination a. You can terminate your account at any time by contacting customer support or through your account settings (if applicable). b. Bananaservers.ca reserves the right to suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. c. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3(b), 4, 5, 6, 7, 8, 9, and 10. 7. Disclaimers and Limitation of Liability a. The Services are provided "AS-IS" and as available and Bananaservers.ca expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. b. You use the Services at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material. c. Bananaservers.ca, its affiliates, agents, directors, employees, suppliers, or licensors shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses. 8. Indemnification You agree to defend, indemnify, and hold harmless Bananaservers.ca, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms. 9. General Terms a. These Terms constitute the entire and exclusive understanding and agreement between Bananaservers.ca and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bananaservers.ca and you regarding the Services. b. The failure of Bananaservers.ca to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. 10. Governing Law & Dispute Resolution a. These Terms shall be governed by and construed in accordance with the laws of The United States, without regard to or application of its conflict of law provisions or your state or country of residence. b. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or provincial courts located in Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. Changes to Terms Bananaservers.ca reserves the right, at its sole discretion, to modify or replace these Terms at any time. You will be notified of any changes through the Services or other means so that you may review the new terms before continuing to use the Services. Contact Us If you have any questions about these Terms, please contact us at legal@bananaservers.ca