Terms of Service

Last Updated: January 21, 2026

Welcome to PenguHost. These Terms of Service ("Terms") govern your access to and use of our game server hosting services ("Services"). By creating an account or using our Services, you agree to be bound by these Terms.

1. Account Registration and Eligibility

To use our Services, you must create an account with PenguHost. By registering an account, you represent and warrant that:

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. PenguHost is not responsible for unauthorized access resulting from your failure to secure your account.

2. Privacy Policy

By using our Services, you agree to the collection and use of personal data as described in our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference and explains how we collect, use, and protect your information.

If you are located in the European Union, we process personal data in accordance with applicable data protection laws, including the GDPR. Your data is processed and stored within the EU.

3. Hosting Services

PenguHost provides hosting services for game servers and Discord bots. We do not monitor, control, or assume responsibility for the content hosted on our platform. You are solely responsible for all data, content, configurations, and activities conducted through your services and agree to comply with all applicable laws and regulations.

Acceptable Use Policy

Users must comply with our Acceptable Use Policy (AUP), which prohibits abusive, illegal, or harmful activities, including but not limited to:

4. Payment and Billing

PenguHost operates using a digital balance system. By adding funds to your account, you agree to pay all applicable fees associated with the Services you purchase. All prices and billing terms are displayed prior to purchase.

PenguHost reserves the right to modify pricing or billing methods with at least 30 days' advance notice. Changes will be communicated via email and client panel notifications.

5. Refund Policy

Refunds are available only within 24 hours of the initial purchase and apply exclusively to first-time services.

Refunds will NOT be granted in the following cases:

Approved refunds will be returned to your digital balance or original payment method (Bank Account or PayPal) within 24 hours of approval.

Refund requests must be submitted to contact@penguhost.com and will be processed within 5 business days.

EU Consumer Rights: If you are an EU consumer, you have the right to withdraw from this contract within 14 days without giving any reason, in accordance with EU consumer protection laws. However, if you request that service provision begins immediately, you may forfeit this right.

6. Data Loss and Backups

While PenguHost takes reasonable measures to maintain service reliability, we do not guarantee the prevention of data loss caused by hardware failure, software errors, cyberattacks, or other unforeseen events.

Backup Policy

Daily automatic backups are provided and retained for 7 days. However, backups are offered on a best-effort basis. PenguHost does not guarantee the availability, completeness, or restorability of backups and is not responsible for any data loss or corruption.

You are solely responsible for maintaining your own independent backups of critical data.

7. Service Level Agreement (SLA)

PenguHost aims to maintain 99.9% uptime for all services, excluding scheduled maintenance. Scheduled maintenance will be announced at least 48 hours in advance when possible.

In case of extended downtime exceeding the 99.9% monthly uptime guarantee due to PenguHost's infrastructure, service credits may be issued at our discretion on a case-by-case basis.

8. Account Cancellation

You may cancel your services at any time through the client panel. Cancellations take effect at the end of the current billing period. No refunds will be issued for partial billing periods.

Unused account balance may be withdrawn to your original payment method, subject to a minimum withdrawal amount of $10.00. Withdrawal requests can take up to 14 business days to process.

9. Data Retention and Deletion

Upon service termination or cancellation, your server data will be retained for 7 days to allow for reactivation or data retrieval. After this period, all data will be permanently deleted and cannot be recovered.

Account information and billing records will be retained as required by applicable law, typically for 7 years for tax purposes.

10. Termination and Suspension

PenguHost reserves the right to suspend or terminate any account or service if you violate these Terms, the Acceptable Use Policy, or if your activities pose a risk to our network, infrastructure, or other users.

In cases involving abuse, illegal activity, or immediate threats to service stability, termination may occur without prior notice. In all other cases, we will attempt to provide reasonable notice and an opportunity to remedy the violation.

11. Disclaimer of Warranties

All Services are provided on an "as is" and "as available" basis, to the extent permitted by applicable law. PenguHost disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

This disclaimer does not affect any statutory rights that cannot be excluded under applicable law.

12. Limitation of Liability

To the maximum extent permitted by law, PenguHost shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or related to the use of our Services.

Our total liability for any claims arising from these Terms or the Services shall not exceed the amount you paid to PenguHost in the 12 months preceding the claim.

Important: Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

13. Indemnification

You agree to indemnify and hold harmless PenguHost, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable attorney's fees) arising from:

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

Any legal action arising out of or related to these Terms shall be brought in the courts of Germany. However, this does not affect the statutory rights of consumers in the European Union.

For EU Consumers: Mandatory consumer protection laws of your country of residence remain applicable. You may also bring proceedings in the courts of your country of residence.

15. Amendments

PenguHost reserves the right to modify these Terms at any time. Material changes will be communicated via email and through the client panel at least 30 days before taking effect.

Continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you may terminate your account.

16. Dispute Resolution

If you have a complaint or dispute, please contact our support team first at contact@penguhost.com. We will make reasonable efforts to resolve disputes amicably.

EU consumers have the right to use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and PenguHost regarding the use of our Services.

Questions About These Terms?

If you have any questions regarding these Terms of Service, please contact us:

Email: contact@penguhost.com

Support: Available 24/7 via Discord and ticket system