Terms of Service

Last updated: March 07, 2023

Effective date: March 07, 2023

1. Terms

1.1 When we refer to "Fragment Hosting" or we use pronouns like "we", "us" or "our" we are referring to Fragment Hosting, Inc. and its subsidiaries, affiliates or parents.

1.2 When we refer to "User" or "Player", we are talking about you, and we will also use words like "you" and "your" to refer to you.

2. Eligibility

2.1 By accessing and using our website at https://fragmenthosting.com or any sub-site ("Websites") you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing these Websites or using the services provided by Fragment Hosting ("Serices"). The materials contained in the Websites are protected by applicable copyright and trademark law.

2.2 You must be at least 13 years old to use the Services. If you are under 13, you may not, under any circumstances or for any reason, use the Websites and/or Services offered by Fragment Hosting.

2.3 To access the Services, you must register for an account ("Account"). When you register for your Account, you may be required to provide us with some information about yourself, such as your email address and a valid form of payment, and you may also provide optional information about yourself on a voluntary basis. Account information, and our use and disclosure thereof, is subject to the Privacy Policy.

2.4 We may, in our sole discretion, refuse to provide or continue providing Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with the Terms of Service. We reserve the right to deactivate, terminate, prevent access to, disable services for and/or delete any Accounts at any time at our sole discretion.

3. User Content

3.1 World creation allows you to upload files ("User Content") for the world save as a .ZIP file that contains world data for one of the following games: Minecraft, Terraria or Factorio. By using the world upload feature you agree to only upload files that contain world data for the games mentioned previously. Any information submitted to Fragment Hosting through its Websites and/or Services is also considered User Content.

3.2 You hereby certify that your User Content does not violate our Acceptable Use Policy (see section 4).

3.2 By providing your User Content to us via the Websites and/or Services, you grant Fragment Hosting a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels.

3.3 By providing your User Content via the Websites, you grant to our other users a non-exclusive license to access and use your User Content as permitted by this Terms of Service and the functionality of the Websites.

3.4 You are solely responsible for your User Content, and you agree that Fragment Hosting is not and will not be in any way liable for your User Content. By providing your User Content via the Websites, you affirm, represent, and warrant that you are the creator and owner of your User Content, or have the necessary licenses, rights, consents, and permissions to use the User Content.

3.5 You will indemnify us for any third party claims arising from your User Content.

3.6 Fragment Hosting may, at any time and without prior notice, screen, remove, edit, or block any of your User Content at our discretion.

3.7 Fragment Hosting is not obliged to backup any User Content.

4. Acceptable Use Policy

4.1 You agree not to use the Websites to collect, upload, transmit, display, or distribute any User Content:

  • that violates any third-party right or any intellectual property or proprietary right
  • that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual
  • that is harmful to minors in any way
  • that is in violation of any law, regulation, or obligations or restrictions imposed by any third party

In addition, you agree not to:

  • upload, transmit, or distribute to or through the Websites any software intended to damage or alter a computer system or data
  • send through the Websites unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages
  • use the Websites to harvest, collect, gather or assemble information or data regarding other users without their consent
  • interfere with, disrupt, or create an undue burden on servers or networks connected to the Websites, or violate the regulations, policies or procedures of such networks
  • attempt to gain unauthorized access to the Websites through any other means
  • harass or interfere with any other user's use and enjoyment of the Websites
  • use software or automated agents or scripts to produce multiple accounts on the Websites

4.2 We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include blocking, removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.

4.3 If you provide Fragment Hosting with any feedback or suggestions regarding the Websites or Services, you hereby assign to Fragment Hosting all rights in such Feedback and agree that Fragment Hosting shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Fragment Hosting will treat any Feedback you provide to Fragment Hosting as non-confidential and non-proprietary.

5. Payments & Billing

5.1 Fragment Hosting uses third-party payment processors ("Payment Processors") to bill you. The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to these Terms of Service. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors or as otherwise agreed to by Fragment hosting, all sums for Services you select or use at applicable prices in accordance with our pricing and billing policies and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) linked to your Account.

5.2 Fragment Hosting allows you to credit your Account with funds ("Funds") that can be used to pay for Services. The Funds can only be used for the Services offered by Fragment Hosting and unless agreed by us the Funds are not refundable.

5.3 You must provide current, complete and accurate billing information for your Account, and must promptly update all such information in the event of changes.

5.4 By entering into this Terms of Service and using the Services, you agree to be billed on a recurring basis and to be automatically charged by us or our Payment Processors using your payment methods upon invoicing. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your payment methods upon invoicing.

5.5 You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your purchase of the Services. Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for any such Taxes. You will be solely responsible for any misrepresentations made or non-compliance caused by you regarding taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.

5.6 We can offer Service credits ("Gift Codes") that can be used to pay for Services. You acknowledge and agree that all Gift Codes are revocable or subject to early expiration at any time and for any reason or no reason by us, including for abuse, unauthorized transfer, or illegal conduct by you.

6. Limitations of Liability

6.1 To the fullest extent permitted by law, in no event will we be liable to you for any indirect, incidental, special, consequential or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the Websites and Services or any materials or content on the Websites and Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage. To the fullest extent permitted by law, you agree we will have no liability for any data that may be destroyed, lost or otherwise rendered inaccessible, whether because you failed to backup your data or for any other reason.

7. No Warranty

7.1 The Websites and Services offered by Fragment Hosting are provided "as is" and on an "as available" basis. Fragment Hosting makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Your use of the Websites and Services is solely at your own risk.

7.2 Fragment Hosting is not responsible for the content that you access through your use of the Websites, Services, or content of other users of Fragment Hosting or other third parties. To the extent permitted by applicable law, you release us from all liability relating to such content. You acknowledge and agree that we make no representations concerning any content contained in or accessed through the Websites or content of other users of Fragment Hosting or other third parties, and that we are not responsible or liable for the accuracy, quality, legality, or other attributes of such content.

8. Indemnification

8.1 To the fullest extent permitted by law, you are responsible for your use of the Websites, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys fees and costs, that arise from or relate to your User Content or your access to or use of the Websites, including your breach of this Terms of Service or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party's right, including any intellectual property, confidentiality, property or privacy right.

9. Governing Law and Jurisdiction

9.1 These terms and conditions are governed by and construed in accordance with the laws of United States and you irrevocably submit to the exclusive jurisdiction of the courts in Delaware, United States.

10. Force Majeure

10.1 Fragment Hosting shall not be liable for nonperformance of the terms herein to the extent that Fragment Hosting is prevented from performing as a result of any act or event which occurs and is beyond our reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, utility or telecommunications outages, Internet disturbance or any unforeseen change in circumstances, or any other causes beyond our reasonable control.

11. Modifications

11.1 Fragment Hosting may revise these Terms of Service for its Websites and Services at any time without notice. By using the Websites and Services you are agreeing to be bound by the then current version of these Terms of Service. If the Terms of Service are updated, Fragment Hosting may provide notice of such updates, such as by sending an email notification using the email address linked to your Account.

11.2 Updates will be effective on the date specified in the notice. By continuing to access or use the Websites and Services after the date specified in the notice or updated Terms of Service, you are agreeing to accept and be bound by the updated Terms of Service and all of the terms incorporated therein. If you do not agree to the updated Terms of Service, then you may not continue to use the Websites and Services and your sole and exclusive remedy is to deactivate your Account.

12. Contact Information

12.1 If you have any questions regarding the Terms of Service, the Websites or the Services that Fragment Hosting offers please feel free to contact us at: