BIRDFLOP TERMS OF SERVICE
Last Updated: February 29, 2024
These terms of service ("Terms") apply to your access and use of Birdflop (the "Service"). Please read them carefully.
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing [email protected]
We reserve the right to modify these Terms at any time. We may need to change these Terms if we come out with a new feature or for any other reason.
Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check birdflop.com/terms for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
For information about how we collect and use information about users of the Service, please check out our privacy policy available at birdflop.com/privacy.
From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
Our Service allows you and other users to create Minecraft servers running third-party software. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness. By posting content to the Service (i.e. uploading content to your server), you agree that your content is legal and appropriate. Violations of these terms may be subject to a non-refundable server cancellation or forced removal of infringing content, among other potential actions.
You can remove the content that you uploaded by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We retain web server access logs indefinitely for security purposes.
These terms prohibit uploading the following content to the Service:
Also, you agree that you will not do any of the following in connection with the Service or other users:
The Service makes its content available to you with the additional restrictions that it follows our Fair Use Policy, applicable to all services offered. We expressly prohibit:
In many cases, we may provide clients with an “unmetered storage” policy. “Unmetered storage” applies solely to volumes that may be reasonably expected for Minecraft servers. Clients with unmetered storage may request expanded storage at any time, and these decisions will be made solely at our discretion. Reasonable requests will be approved.
We put a lot of effort into creating the Service including the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. Violations may result in termination of your use of the Service.
Exceptions for many of the pages of the Service may be available on an open-source code repository. If the repository exists and contains licenses, your actions must be guided by these licenses. If the repository either does not exist or does not contain licenses, it is assumed to be unlicensed for reuse in any way.
We grant all hosting plans a 3-day (72-hour) refund policy, provided that the plan has not violated any of these Terms. The refund will be issued to the initial form of payment. Refunds must be requested through a Discord ticket created by the verified owner of the server. Chargebacks are explicitly prohibited and constitute a violation of these terms, voiding all refund options and prohibiting the user from accessing our services.
As a nonprofit, we have made the decision to provide periodic reimbursments to clients based on excess profit from their plans. Reimbursments rates vary from period-to-period, and rates may range from 0% - 100%. Generally, reimbursements are announced and distrubuted quarterly. Clients receive reimbursements as a percentage of their external transactions from each quarter, categorized to the best of our ability into the US reimbursement rate, the EU reimbursement rate, or a combination of the two based on plans held by the client. Internal credits are not eligible for reimbursement.
A reimbursement rate will be announced within 15 days of the end of the reimbursement period, and all active clients will be reimbursed at this rate within 31 days of the end of the reimbursement period. Active clients are defined as users that have at least one active (i.e. not canceled nor suspended) service hosted on Birdflop at the time of reimbursement receipt. All reimbursements will be issued as credit to client accounts.
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
Birdflop makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
Content on the Service from you and others (namely servers) may not be reviewed, verified or authenticated, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OFLAW, BY REASON OF CUSTOM OR USAGE IN THETRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL BIRDFLOP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO BIRDFLOP. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for infringers, without providing a refund for clients.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of Missouri, United States of America, without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the Missouri and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Saint Louis County, Missouri, United States, in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service, with or without a refund for remaining service duration.
These Terms constitute the entire agreement between you and Birdflop regarding the use of the Service, superseding any prior agreements between you and Birdflop relating to your use of the Service.
Please let us know what you think of the Service, these Terms and, in general, Birdflop. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Birdflop, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions or comments about the Service may be directed to us at the email address [email protected]