Terms of Service

This Terms and Conditions of Service Agreement (the "Agreement") governs the relationship between Folium Hosting (the "Company," "We," "Us," or "Our") and its clients, customers, and users (collectively, "Users"). By accessing or using our services ("Services"), you irrevocably agree to be bound by the terms of this Agreement, our Privacy Policy and our Service-Level Agreement. If you do not agree with any provision, you must immediately discontinue use of our Services.

1. Updates to this Agreement

We reserve the right to amend this Agreement. We will provide reasonable notice of significant changes via email or client area notification generally a few days before they take effect. It remains your responsibility to review the terms periodically. Your continued use of our Services following the effective date of such changes shall constitute your acceptance of the revised Agreement. If you do not agree to the changes, you must cease using the Services and cancel your account before the changes take effect.

2. Term and Termination

This Agreement remains in effect while you use Folium Hosting Services. We reserve the right to restrict, suspend, or terminate access to our Services for cause, including but not limited to, breach of these terms, non-payment, engaging in prohibited activities, or violation of applicable laws or regulations. For severe breaches (e.g., illegal activities, network attacks), termination may be immediate and without prior notice. For other breaches, we will typically provide notice and an opportunity to cure, where appropriate. Termination may include blocking specific IP addresses associated with the breach. If your account is terminated for cause, you are prohibited from creating a new account under your name, a false name, or on behalf of any third party without our express permission. We reserve the right to pursue legal action as permitted by law.

3. Prohibited Activities

Engaging in any of the following activities is strictly prohibited and will result in immediate suspension or termination of services, potential legal action, and liability for any damages incurred:

• Attacking or attempting to compromise our network infrastructure or services.
• Performing network scanning, vulnerability testing, or penetration testing without prior written consent.
• Using our network or services to launch attacks (e.g., DDoS, spam) against others.
• Engaging in fraudulent, illegal, or harmful activities (e.g., phishing, hosting malware, distributing illegal content).
• Violating intellectual property rights (e.g., hosting pirated software or copyrighted material without license).
• Misusing our services in any manner that significantly disrupts normal operations or negatively impacts other users.

4. Refund Policy and Right of Withdrawal

Due to the immediate allocation of resources and commencement of service delivery based on your explicit request, all sales are final and payments are non-refundable. This applies regardless of whether you use the service, cancel your account, or if your account is terminated for breach of these Terms. We incur costs immediately upon provisioning your service.

Any credits or compensation offered in exceptional circumstances (e.g., related to Service Level Agreement failures, if applicable) are provided solely at our discretion and do not constitute a refund or admission of obligation to refund.

5. Billing and Automatic Payments

To facilitate timely payments, Folium Hosting utilizes an automatic billing system for services processed through your preferred payment gateway, provided it is supported. By adding and saving a payment method to your account, you explicitly authorize us to automatically attempt to charge said payment method for recurring invoices. Our system is configured to attempt payment on the invoice's due date, and may re-attempt the charge a few days following the due date, leading up to the termination day. Should all such automatic payment attempts fail, the responsibility for ensuring the invoice is manually paid rests solely with the user to prevent service interruption or termination as detailed in the Non-Payment section of this Agreement. To request the deactivation of automatic billing on your account, you must open a ticket with our billing team through our designated support channels. We reserve the right to refuse such requests at our discretion, particularly if we believe it may lead to service abuse or non-payment issues.

Furthermore, certain legacy accounts may maintain active payment subscriptions established directly through PayPal, Stripe or any applicable payment gateway. These subscriptions operate independently of our current billing system. It is the sole responsibility of the User to manage and cancel any such external subscriptions directly on the respective payment gateway's platform upon termination of their Services with Folium Hosting. The Company shall not be liable for charges incurred as a result of a User's failure to cancel a legacy subscription, and no refund will be issued for them.

Please note that failure to cancel a service or subscription in a timely manner does not constitute grounds for a refund or credit. Users are solely responsible for actively managing their account and associated services.

6. Cancellations

Users may cancel their service at any time through our client area. Cancellation will typically take effect at the end of the current paid billing cycle. Upon cancellation completion, the associated service and its data will be scheduled for permanent deletion according to our data retention practices and will no longer be accessible. As stated in Section 4, no refunds are provided for any unused portion of the subscription period, regardless of the reason for cancellation.

7. Non-Payment

If payment for your service renewal is not received by the due date, your service will be suspended one day after the due date, following a payment reminder. While suspended, you will not have access to any of your files until the outstanding balance is paid in full.

Unless if automatic billing has been disabled for your account, we reserve the right to charge your saved payment method for overdue invoices. A late fee of up to 20% of the outstanding balance may be applied if payment remains unpaid five days past the due date.

If payment is not received within 14 days of suspension, your service may be terminated, and all associated data permanently deleted. We also reserve the right to charge statutory interest on overdue amounts and pursue legal action to recover unpaid balances, including reasonable collection costs and attorney fees as permitted by law.

8. Service Abuse

We strictly prohibit misuse of our services. Violations may lead to suspension, termination, forfeiture of data, and potential legal consequences. Examples include, but are not limited to:

All Services:

• Hosting malicious code, pirated software, or content facilitating illegal activities.
• Using your service to indirectly perform illegal activities, such as grabbing user data or hosting malicious content.
• Engaging in or facilitating spam or DDoS attacks.
• Unauthorized large-scale file storage/backup unrelated to the intended service operation (Unless sold as a storage product).
• Attempts to gain unauthorized access to underlying systems, network segments, management interfaces, or other clients' data.
• Circumventing allocated resource limitations (CPU, RAM, Disk) through exploits or unintended means.
• Cryptocurrency mining or staking unless explicitly permitted for that specific server product and disclosed to us.
• Engaging in illegal activities under applicable law.

Minecraft Server Hosting:

• Hosting files or applications unrelated to the operation of a Minecraft server.
• Unauthorized large-scale file storage unrelated to Minecraft server operation.
• Hosting malicious plugins or mods.

Discord Bot Services:

• Hosting files or applications unrelated to the operation of a Discord bot.
• Operating bots in violation of Discord's Terms of Service or Community Guidelines.
• Using bots to spam, harass, or otherwise disrupt Discord servers or users.
• Using bots for phishing, distributing malware, or other illegal activities.

Web Hosting Services:

• Using the service primarily for large-scale file storage/backup unrelated to website operation (unless sold as a storage product).

Game Server Hosting Services:

• Attempting to host games not explicitly supported or allowed by the purchased plan, unless you have received prior written approval from us.
• Hosting illegal content or mods that facilitate illegal activities.
• Using the service primarily for large-scale file storage/backup unrelated to game server operation.

Activities not explicitly listed but reasonably deemed by us to constitute abuse or violate the spirit of these terms or applicable laws may also lead to action under this section. We reserve the right to investigate suspected abuse.

9. Fair Usage (Shared Resources)

Services operating in a shared hosting environment include allocations of CPU, network bandwidth, disk I/O, and potentially backup storage intended for typical workloads associated with the service type (e.g., game hosting). While we aim to provide generous resources, usage must not consistently or excessively monopolize shared resources in a way that degrades performance for other users on the same hardware node. Your total storage usage (including File Storage and Backups) must not exceed your allocated File Storage capacity, unless you have purchased additional backup storage or we have provided separate or remote backup storage options. In cases of sustained resource usage deemed excessive relative to the service plan and impacting platform stability, we will generally attempt to contact you to discuss optimization or potential upgrades. However, we reserve the right to apply temporary usage limitations or require migration to a more suitable service "node" to maintain overall platform health and fairness. As for MySQL databases, we reserve the right to limit the number of connections and/or queries per second to ensure fair usage across all users and a hard limit of 10GB per database. If you require more resources, please contact us to discuss your needs.

10. Server Migrations

Folium Hosting reserves the right to migrate, upgrade, or reconfigure servers at any time to maintain optimal performance, security, or infrastructure efficiency. Users may experience temporary interruptions during such migrations or upgrades. While Folium Hosting will make reasonable efforts to provide advance notice of scheduled migrations, users acknowledge that emergency maintenance or upgrades may occur without prior notice. Such migrations are usually done for the User's benefit.

11. Discord Support

We may offer support via Discord-Based Tickets and/or an Artificial Intelligence Bot as a courtesy. This support is provided "as is" and "as available." We do not guarantee the continuous availability or response times of this support channel and reserve the right to modify or discontinue it at any time without prior notice. Official support channels and guarantees, if any, will be specified elsewhere (e.g., client area, SLA). Unless if sold as a service, in which case the support terms will be outlined in the respective service agreement. Support you receive in community channels (not tickets) is not officially endorsed and may not receive the same level of attention.

12. User Registration, Security, and Account Usage

Users must maintain the confidentiality of their account credentials (password, API keys, etc.) and are responsible for all activities occurring under their account. You agree to:

• Provide accurate, current, and complete registration information.
• Promptly update your information (especially contact email) if it changes.
• Use your account solely for lawful purposes and in accordance with these Terms.
• Notify us immediately of any suspected unauthorized access to your account.
• You will take full responsibility for all activities that occur under your account.
• Not attempt to gain unauthorized access to any part of the Services or any other systems or networks connected to the Services.
• Not use the Services in a manner that could damage, disable, overburden, or impair any Folium Hosting server or network.
• Report any security flaws or vulnerabilities you discover in the Services to us promptly, and will not use them to exploit the Services or other users.

We process your registration and account data as described in our Privacy Policy. We reserve the right to suspend or terminate accounts with inaccurate information or those used in violation of these provisions. We are not liable for losses caused by unauthorized account access and reserve the right not to issue refunds unless due to our direct negligence.

13. Liability Disclaimer and Limitation

The Services are provided "as is" and "as available."; unless it is covered in our Service Level Agreement (SLA), Folium Hosting disclaims all warranties, express or implied.

Folium Hosting is not responsible for data loss, service interruptions, or damages arising from your use of the Services, third-party actions, or events beyond our reasonable control (force majeure), unless directly caused by our gross negligence or willful misconduct. We are not liable for delays or interruptions unless specified otherwise in an applicable SLA.

Limitation of Liability: To the maximum extent permitted by law, our total aggregate liability for any claims arising out of or related to this Agreement or the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by you for the specific service giving rise to the claim during the following months immediately preceding the event causing the liability. This limitation does not apply to liability that cannot be legally limited or excluded, such as liability for death or personal injury caused by our negligence, or for fraud.

14. User Eligibility

Users must meet the following criteria to use our Services:

• Must have the legal capacity to enter into binding contracts.
• Must not have a history of fraudulent activity or abuse of services.
• Must not have been terminated due to a violation of our Terms of Service before.
• Must be at least 18 years old. If you are under 18 but at least 13 years old, you may only use our services with verifiable consent from a parent or legal guardian, provided in a manner compliant with GDPR requirements. We reserve the right to request proof of age and/or consent.
• Must not be barred from receiving services under the laws of our operating countries (United States of America, The Netherlands, Greece, Germany, Canada) or other applicable jurisdictions.

We reserve the right to refuse service or terminate accounts if eligibility requirements are not met or cannot be verified.

15. Affiliate Program

Participation in our affiliate program, if offered, is subject to separate Affiliate Program Terms and the following conditions:

• Affiliates must not publicly disclose specific commission percentages or earnings amounts without permission. General promotion is allowed.
• Affiliates shall not create alt accounts or engage in any form of self-referral (e.g., using multiple accounts they own to generate commissions to their "main" account).
• Commission rates may vary and are subject to change with reasonable notice.
• We reserve the right to terminate participation in the program for breach of terms, unethical promotion practices, or with reasonable notice for other business reasons.
• We reserve the right to remove any commission if the referred customer cancels their service within 14 days of purchase, or if the customer is found to have violated our Terms of Service.
• Withdrawals are subject to meeting the minimum payout threshold (subject to change with notice). Payment may be delayed or denied if affiliate activity is suspected to be fraudulent, involves self-referrals predominantly, or violates program terms. We are not obligated to pay commissions generated in violation of the terms.
• Any breach of affiliate terms may result in termination from the program and forfeiture of accrued unpaid commissions.

16. Agreement Acceptance

By registering for, accessing, or using our Services, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms and our Privacy Policy. If you do not agree with any provision, you must discontinue use immediately.

17. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy and any applicable SLA or Affiliate Agreement, constitute the entire agreement between you and Us regarding the Services.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction.