These Terms of Service, together with our Privacy Policy and Acceptable Use Policy (below), collectively constitute the legal terms on which agreements between Lilypad, a trade name of Lilypad Technologies Ltd, and its Customers are based, and are governed by and should be construed in accordance with the laws of the United Kingdom.

We reserve the right to amend any terms within these documents at any time without prior notice.

By agreeing to these Terms of Service, you also agree to the Minecraft End User License Agreement, and those for any other games or software hosted on our platform, by authorising Lilypad to accept this agreement on your behalf.

Definitions

"Terms" refers collectively to any or all of the terms within our Terms of Service, Acceptable Use Policy and Privacy Policy documents.

A "Visitor" is someone who merely browses our website, but has not registered as a Customer.

A "Customer" is an individual that has registered with us to use our Services.

A "User" is a collective identifier that refers to either a Visitor or a Customer.

"Personally Identifiable Information" (PII) is a term used in the context of data privacy referring to any data that can be used to identify a specific individual e.g. home address, email address or phone number.

"Our Services" refers to any or all of our website at lilypad.gg, its subdomains, associated domains, and our associated hosting services.

The terms "us" or "we" or "our" refers to Lilypad, a trade name of Lilypad Technologies Ltd, the owner of Our Services.

All text, software, information, graphics, audio, video, and data that can be viewed, accessed or is offered through Our Services is collectively referred to as our "Content".

By accessing Our Services, you agree to be bound by our Terms and all applicable laws and regulations. All content within Our Services is protected by applicable copyright and trademark laws.

Use license

Permission is granted to download the materials (information or software) on Lilypad's website/associated websites for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Lilypad's website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or replicate the materials on any other server.

Any abuse or violation of this license may result in your access to Our Services being automatically terminated by us without notice.

Your account

When using any of Our Services, you are accountable for maintaining the security and confidentiality of your account and password/authentication methods, and are responsible for all activities that take place under your account. This includes the disclosure to any third party, other than Lilypad or its payment service providers, any Personally Identifiable Information that you obtain via the use of Our Services.

By using Our Services, you acknowledge and agree that you are at least 18 years of age. If you are under 18 years of age but are at least 13 years old, you may only use Our Services with the consent of your parent or legal guardian.

You agree to maintain up-to-date account and payment information to ensure Lilypad can provide you with a reliable and responsive service.

Should you encounter any issues with your Lilypad account or Our Services at any time, please contact us so we can address it in a timely manner.

Charges, payments & refunds

New Customers may register for their Lilypad account on our website while purchasing Our Services. All newly purchased services are invoiced immediately in accordance with the monthly or quarterly billing option selected. The invoice must then be paid in full before the service(s) are provisioned.

For existing Customers with recurring monthly and quarterly Game Hosting services, the timeline for invoices and payment is as follows:

• 7 days before the due date, invoices for monthly and quarterly billed services are issued
• 3 days before the due date, if an invoice is unpaid, a payment reminder email is issued
• On the due date, if an invoice is unpaid, the Customer is given 3 day's grace to make full payment
• 3 days after the due date, if an invoice remains unpaid, the Customer will be notified by email and the relevant service will be suspended. When this happens, the service will cease to operate but can be reactivated without any loss of data once full invoice payment has been received
• 7 days after the due date, if an invoice remains unpaid, the Customer will be notified by email and the relevant service will be terminated, after which data will no longer be accessible

For Customers on our Managed Dedicated Server offerings, however, any notice of cancellation must be made at least 3 days before the due date of the service. This allows us time to migrate data elsewhere, and make our upstream provider aware of the cancellation.

When a service is terminated for non-payment of an invoice (or for any other reason), any data associated with that service is automatically deleted from our systems and cannot be recovered. Your Lilypad account will not be removed from our systems.

Lilypad offers a 72-hour, no-questions-asked refund policy for Game Hosting services, referred to on our website as a "Money-Back Guarantee". Managed Dedicated Server offerings are non-refundable. We reserve the right to deny a refund request if we believe fraudulent activity may be involved, and we will only ever issue one refund request per Customer. We will not offer refunds after this 72-hour period, unless it forms part of a promotional offer. To request a refund, please contact us as soon as possible.

Initiating a dispute or chargeback via any payment gateway will result in immediate termination of your account including any services purchased, and a permanent ban from using Our Services at any point in the future.

"Free credit" on partner platforms of Lilypad, offered with some plans, applies to paying Customers only. Customers partaking in a promotional deal may be excluded from this offer.

For Customers selecting "Tebex" as the payment gateway at checkout, we partner with Tebex Limited (tebex.io), who will be the official merchant of record for digital services provided by us through this gateway. In order to make any such purchase from Tebex, you must agree to their terms, available here. If you have any queries about a purchase made through Tebex, such as technical issues during purchase, you should contact Tebex support in the first instance.

Service Level Agreement (SLA)

Lilypad guarantees a network and hardware uptime of 99.95% in any given month. In the unlikely event that the uptime of your server falls below 99.95%, you may request to be compensated by getting in touch with us. We will then investigate the circumstances and duration of the downtime.

Where the downtime was entirely due to a problem with Our Services and was beyond your control, at our discretion we may agree to credit your Lilypad account with an amount equal to the cost of that downtime. Any credit held in your Lilypad account can be used to make future purchases of Our Services.

Note that any "free" services are provided without warranty and are not eligible for SLA compensation.

Lilypad disclaims all liability whatsoever for any damage, loss, or destruction of data stored through usage of Our Services.

Cancellation of services

When a Customer wishes to cancel one or more of Our Services, they must notify us of this using the Request Cancellation option within our billing panel. The cancellation options are as follows:

• Immediately — the selected service is terminated within 24 hours of receipt of the cancellation request. No refunds will be provided for any of the billing period that is outstanding
• Next Due Date — the selected service is terminated on the next invoice due date

In both cases, all data associated with the service will be deleted automatically on the relevant date with no option for recovery. Where a Customer wishes to retain any of their data, it is their responsibility to save it to a safe location outside their server before the service termination date.

Customers are responsible for cancelling any recurring payment subscriptions for Our Services that they have set up with a payment gateway or provider such as PayPal upon service termination.

Links to third-party websites

Our Services may contain links to third party websites. These links are provided solely as a convenience to you and do not create or imply any affiliation or recommendation between Lilypad and the third party, unless specifically stated on the Lilypad website.

Acceptable Use Policy

This Acceptable Use Policy sets out the terms between you and Lilypad under which you may access and use our website at lilypad.gg, its sub-domains, associated domains, and our associated hosting services, any or all of which are hereafter referred to as “Our Services”. Our Acceptable Use Policy applies to all visitors to and Users of Our Services and your use of Our Services means you accept and agree to abide by all the terms in this Acceptable Use Policy.

Prohibited uses

You may use Our Services only for lawful purposes. You may not use Our Services to:

• execute or participate in a coup or otherwise attempt to overthrow a government;
• execute or participate in a Denial of Service (DoS) attack designed to adversely affect the operation of any computer software, hardware, website, network or other services;
• probe or scan for open ports (port scanning) on a network;
• transmit, or procure the sending of, any unsolicited or unauthorised advertising/material or any other form of similar solicitation (spam);
• knowingly transmit, or cause to transmit, any data that contains viruses, Trojan horses, worms, rootkits, spyware, adware or any other harmful programs (malware) designed to adversely affect the operation of any computer software, hardware, network or other services;
• publish, distribute or disseminate any content that incites discrimination, hate or violence towards ethnic, religious or other minority groups;
• publish, distribute or disseminate any defamatory, obscene, or otherwise unlawful content;
• make available any pieces of text, imagery, software that directly or indirectly infringes the intellectual property rights of another party;
• act in any other way that breaches any applicable local, national or international laws or regulations; or
• conduct or participate in any activity that Lilypad considers to be inappropriate or unethical.

You also agree:

• not to reproduce, duplicate, or copy any part of Our Services in contravention of the provisions of our Terms Of Service; and
• not to access without authority, interfere with, damage or disrupt: any equipment or network on which Our Services depend or operate; any software used in the operation of Our Services; or any equipment or network or software owned or used by any third party.

If you are made aware of any breaches of the above policies, please notify us as soon as possible here.

Suspension and termination

We will determine, at our sole discretion, whether there has been a breach of this Acceptable Use Policy through your use of Our Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Service upon which you are permitted to use Our Services, and may result in our taking all or any of the following actions:

• Issue of a warning to you
• Immediate, temporary or permanent removal of any posting or material uploaded by you
• Immediate, temporary or permanent withdrawal of your right to use Our Services
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
• Disclosure of such information to relevant law enforcement authorities as we reasonably feel is necessary
• Further legal action against you

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to Acceptable Use Policy

We may revise this Acceptable Use Policy at any time and at our sole discretion. Some terms within this Acceptable Use Policy may also be superseded by changes to the other policies noted above, published on our website.