Terms of Service

Account Registration and Eligibility

To use our Services, you must register an account with PenguHost. By registering an account, you represent and warrant that you are at least 18 years of age or have the consent of a parent or legal guardian to use our Services. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.

Privacy Policy

By using our services, you agree to the collection and use of your personal information as outlined in our Privacy Policy. We strongly encourage you to read the Privacy Policy to understand how we collect, use, and protect your information while providing our services. The Privacy Policy is incorporated into these Terms of Service by reference and can be accessed here. Remember to consult with a legal professional to ensure that your terms of service and privacy policy are comprehensive and compliant with applicable laws and regulations.

Hosting Services

PenguHost provides hosting services for Discord bots. We are not responsible for the content of the bots hosted on our platform. You are solely responsible for the content and use of your bot, and you agree to comply with all applicable laws and regulations.

Payment and Billing

At PenguHost, we offer our hosting services through a digital balance system, which allows you to load funds using real currency. By choosing to use our services, you acknowledge and agree to pay all fees and charges associated with your account. We value transparency and will always provide advance notice of any changes to our fees or billing methods. In the interest of providing exceptional customer service, we offer a refund policy for our users. If you wish to request a refund, please contact our dedicated support team at refund@penguhost.com. While our response time may vary and could be 24 hours or more, we strive to address your concerns promptly. Once your refund request is processed and approved, we will return the funds to your digital balance or send them back to your Bank Account or PayPal within 24 hours.

Data Loss and Backups

While PenguHost takes reasonable measures to protect your data, we cannot guarantee the prevention of data loss due to events beyond our control, such as hardware failures, software issues, or cyberattacks. As a user of our services, you are responsible for maintaining your own backups and taking the necessary precautions to protect your data. PenguHost is not responsible for any data loss or corruption that may occur while using our hosting services. By including such a clause, you can help protect your business from liability in the event of data loss while also reminding users of their responsibility to back up their data. However, it's important to consult with a legal professional to ensure that your terms of service or privacy policy fully comply with applicable laws and regulations.

Termination

We reserve the right to terminate or suspend your account and access to our Services at any time, without prior notice, if you violate these Terms or if we determine that your use of our Services poses a risk to our network or infrastructure.

Disclaimer of Warranties

PenguHost provides our Services on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

In no event shall PenguHost be liable to you or any third party for any damages, including without limitation direct, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of our Services, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold harmless PenguHost and its affiliates, officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our Services.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to any principles of conflicts of law. Any action or proceeding arising out of or related to these Terms shall be brought in a state or federal court in Delaware, and you hereby consent to the exclusive jurisdiction of such courts.

Amendments

We reserve the right to modify these Terms at any time, in our sole discretion, and without prior notice. By continuing to use our Services after such modifications, you agree to be bound by the modified Terms. If you have any questions or concerns about these Terms of Service, please Contact Us.