Terms of Service

Dracobyte LLC | Dracobyte | Effective April 20, 2026

PLEASE READ CAREFULLY. Section 15 contains a binding arbitration agreement and class action waiver that affect how disputes with Dracobyte are resolved.

1. Acceptance of These Terms

These Terms of Service (the "Terms") form a binding legal agreement between you and Dracobyte LLC, an Illinois limited liability company ("Dracobyte," "we," "our," or "us"), and govern your access to and use of the Dracobyte website at https://dracobyte.pro, the game server hosting control panel, any application programming interface we expose, and all related services (collectively, the "Service").

By creating an account, clicking "I Agree," or otherwise accessing the Service, you represent that you have read, understood, and accepted these Terms, our Acceptable Use Policy, our Service Level Agreement, our Privacy Policy, our DMCA Copyright Policy, our Abuse Policy, and our Donation and Refund Policy (collectively, the "Agreement"). If you do not agree, do not use the Service.

2. Eligibility and Accounts

2.1 Eligibility

The Service is available to individuals and entities capable of forming a binding contract under applicable law. If you are under the age of 18, you represent that a parent or legal guardian has reviewed these Terms and consents to your use of the Service. Children under the age of 13 may use the Service only in accordance with our Children's Privacy Notice and only after we have obtained verifiable parental consent as required by the Children's Online Privacy Protection Act. By permitting a minor in your legal care to create or use an account, you represent that you are the minor's parent or legal guardian, you agree to these Terms personally, and you accept these Terms on the minor's behalf, including the arbitration agreement and class action waiver in Section 15.

2.2 Account Registration

You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@dracobyte.pro of any unauthorized access.

Age attestation at signup. At registration you will be asked to affirm that you are at least 13 years of age (or the minimum age of digital consent in your country, whichever is higher) and, if under 18, that a parent or legal guardian has reviewed and accepted this Agreement on your behalf. For jurisdictions that set a higher minimum age of digital consent, including the European Economic Area and the United Kingdom (age 13 to 16 depending on Member State), you must meet the threshold applicable to your residence. If we learn that an account was created by a child below the applicable threshold without verifiable parental consent, we will handle the account under the Children's Privacy Notice, including closure and deletion where appropriate.

2.3 One Account Per Person

To keep the free tier sustainable for everyone, each individual is permitted one active account. Creating multiple accounts to circumvent resource limits is a material breach of these Terms and may result in termination of all related accounts.

2.4 Biometric Data

The Service is not designed to collect, capture, store, receive, use, transmit, or otherwise obtain biometric identifiers or biometric information as those terms are defined by the Illinois Biometric Information Privacy Act, 740 ILCS 14/10 (collectively, "Biometric Data"). You agree not to submit Biometric Data to the Service and not to configure your server to collect Biometric Data from players without first obtaining the written notices, releases, and consents required by 740 ILCS 14/15.

3. Description of the Service

Dracobyte provides free-tier Minecraft game server hosting with a best-effort 24/7 availability goal, without advertising within the Service interface, and without forced product placement in game world content. Optional paid upgrades and voluntary donations may be offered from time to time. The exact resources allocated to a free-tier server are described on the Service's pricing or plans page as updated by us.

No advertising and no catches means we do not insert ads into the Service's user interface. It does not prevent us from sending transactional emails, from linking to our own features, or from displaying sponsor recognition where disclosed.

4. Free Tier, Paid Upgrades, and Donations

4.1 Free Tier

The free tier is provided at no monetary charge. Free-tier servers are subject to resource quotas, fair use, and the Acceptable Use Policy. We may modify, pause, or discontinue free-tier features at any time, with reasonable notice where practical.

4.2 Paid Upgrades

If you purchase a paid upgrade, you authorize us, or our third party payment processor, to charge the payment method you provide for the stated fees plus applicable taxes. Upgrades renew on the billing cycle you select until you cancel. Billing inquiries should be sent to billing@dracobyte.pro. Our Donation and Refund Policy sets out the limited circumstances in which refunds are available.

4.3 Donations

Dracobyte may accept voluntary donations that help cover operating costs. Donations are not tax deductible. Donations do not create any entitlement to additional service, priority support, or any other benefit unless we expressly state otherwise at the time of donation.

5. Acceptable Use

Your use of the Service must comply with the Acceptable Use Policy, which is incorporated into these Terms by reference. Prohibited activity includes, without limitation, hosting content that is illegal, that infringes third-party rights, that constitutes network abuse, or that targets children in harmful ways. Violations may result in suspension or termination without notice, particularly where abuse could harm other customers or third parties.

6. User Content and License

6.1 Your Content

You retain ownership of the game worlds, plugins, configurations, and other materials that you upload, store, or transmit through the Service ("User Content"). You represent and warrant that you have all necessary rights to submit that User Content and that it does not violate any law or third-party right.

6.2 Limited License to Us

You grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, and display your User Content solely to operate, maintain, secure, and improve the Service. This license is limited in scope and duration to what is necessary to deliver the Service and lasts only so long as your User Content remains on the Service, except that cached, backup, or log copies may persist for a reasonable period.

6.3 Mojang EULA

Minecraft is a product of Mojang Studios and Microsoft. Your use of the Service to run Minecraft servers is subject to the current Mojang End User License Agreement and the Minecraft Commercial Usage Guidelines as published by Mojang and Microsoft. You agree not to use the Service in a manner that violates those Guidelines. Dracobyte is an independent hosting provider and is not affiliated with, endorsed by, or sponsored by Mojang Studios or Microsoft.

7. Intellectual Property

The Service, including all software, visual design, text, logos, and the Dracobyte name, is owned by Dracobyte LLC or its licensors and is protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no license or other right is granted.

Reverse engineering. You agree not to reverse engineer, decompile, disassemble, or attempt to derive the source code of any proprietary Dracobyte software, except to the extent that this restriction is prohibited by applicable law (including the interoperability allowances in 17 U.S.C. 1201(f) and Article 6 of EU Directive 2009/24/EC as transposed in Member State law). Activity covered by those statutory allowances is permitted, provided that the purpose is limited to achieving interoperability of an independently created program with the Service and that information obtained is used only for that purpose.

8. Feedback

If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose, without obligation or attribution.

9. Third-Party Services and Links

The Service may link to or integrate third-party services, such as the Cloudflare network edge and Turnstile challenge. Third parties are governed by their own terms and privacy policies. Dracobyte is not responsible for third-party services except to the extent required by law.

10. Suspension and Termination

10.1 By You

You may close your account at any time by using the in-panel account deletion tool or by emailing support@dracobyte.pro. Closure takes effect promptly after we verify your identity.

10.2 By Us

We may suspend or terminate your account immediately if you materially breach the Agreement, if we are required to do so by law, or if your use creates a security, legal, or operational risk. We will make reasonable efforts to notify you in advance unless prior notice would defeat the purpose of the suspension.

Inactive accounts. We may reclaim or suspend a free-tier account that has been inactive for more than one hundred eighty days. Before doing so, we will send at least two reclamation notices to the email on file: a first notice at least thirty days in advance and a final notice at least seven days in advance. Paid-tier accounts are not subject to inactivity reclamation while the paid upgrade remains active.

10.3 Effect of Termination

Upon termination, your right to access the Service ends and we may delete User Content after a reasonable grace period described in our Privacy Policy. Sections that by their nature should survive termination will survive, including Sections 6 (User Content and License), 7 (Intellectual Property), 8 (Feedback), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 15 (Dispute Resolution), 16 (Governing Law and Venue), 17 (Export Compliance and Sanctions), 18 (Notices; Contact) to the extent necessary to effect post-termination notices, 19 (Miscellaneous), 20 (Force Majeure), and 21 (Accessibility).

10.4 Statement of Reasons (EU Digital Services Act)

Where we restrict, suspend, or terminate access to a server, an account, or specific User Content provided by a recipient of the Service who is established or located in the European Union, we will provide a clear and specific statement of reasons for that decision in the form contemplated by Article 17 of Regulation (EU) 2022/2065 (the Digital Services Act). The statement will identify the decision taken, the legal or contractual basis, the facts and circumstances relied upon, any automated means used, and the available redress options (internal appeal under Section 11 of the Acceptable Use Policy, out-of-court dispute settlement under Article 21 of the Digital Services Act, and judicial redress).

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Dracobyte LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DATA LOSS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Dracobyte LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THE AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS OR (B) THE AMOUNT YOU PAID US FOR PAID UPGRADES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The foregoing exclusions and limitations do not apply to: (a) liability arising from a party's fraud, gross negligence, or willful misconduct; (b) a party's indemnification obligations under Section 13; (c) either party's infringement of the other's intellectual property rights; and (d) any liability that applicable law does not allow to be limited or excluded.

13. Indemnification

13.1 Indemnification by You

You agree to defend, indemnify, and hold harmless Dracobyte LLC and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your User Content, your use of the Service, or your breach of the Agreement.

13.2 Indemnification by Dracobyte (Paid Tiers)

Subject to the limitations in Section 12, for Customers on an active paid upgrade, Dracobyte LLC will defend the Customer against any third-party claim alleging that the Service itself, excluding User Content and Customer-installed plugins or mods, infringes that third party's United States patent, copyright, or trademark, and will pay amounts finally awarded against Customer by a court of competent jurisdiction or agreed in settlement by Dracobyte LLC. Dracobyte LLC has no obligation under this Section for claims arising from (i) combination of the Service with items not provided by Dracobyte LLC, (ii) User Content, (iii) use in breach of the Agreement, or (iv) modifications not made by Dracobyte LLC. As the sole remedy for a covered claim, Dracobyte LLC may, at its option, procure the right for Customer to continue using the Service, modify the Service so it is non-infringing while materially preserving functionality, or terminate the affected offering and refund any pre-paid fees for the unused portion of the current term.

13.3 Indemnification Procedure

The indemnified party will (a) notify the indemnifying party in writing of any claim within thirty days after learning of it, provided that failure to notify within this period will relieve the indemnifying party of its obligations only to the extent that the delay materially prejudices the defense, (b) give the indemnifying party sole control of the defense and settlement, provided that no settlement imposing non-monetary obligations on the indemnified party will be made without its written consent, and (c) provide reasonable cooperation at the indemnifying party's expense.

14. Changes to the Service or the Agreement

We may modify the Service or update the Agreement from time to time. Material changes to the Agreement will be notified through the Service or by email, and will take effect no earlier than thirty days after notice unless a shorter period is required by law or by an urgent security, legal, or safety need. Your continued use of the Service after the effective date constitutes acceptance of the updated Agreement.

15. Dispute Resolution; Arbitration; Class Waiver

15.1 Informal Resolution

Before filing any formal claim, you agree to contact us at legal@dracobyte.pro and attempt to resolve the dispute in good faith for at least sixty days.

15.2 Binding Arbitration

Except for disputes that qualify for small claims court and except for claims seeking injunctive relief for intellectual property infringement, any dispute arising out of or relating to the Agreement or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the claim is filed. Where twenty-five or more similar demands are filed by or on behalf of individuals represented by the same or coordinated counsel within a ninety-day window, the AAA Mass Arbitration Supplementary Rules (effective September 2024) will apply, including the use of process arbitrators and the batch administration procedures set out in those Rules. Arbitration will take place in Illinois or by videoconference at your election.

Administrative fees and arbitrator compensation. Consistent with Rule 54 of the AAA Consumer Arbitration Rules, you are responsible only for the consumer filing fee published by the AAA (currently $225), and Dracobyte LLC will pay all remaining AAA administrative fees and all arbitrator compensation. If you can demonstrate that the consumer filing fee would be prohibitive, we will consider a waiver or reimbursement in good faith. Each party bears its own attorneys' fees and costs unless the arbitrator or a statute allows fee-shifting, in which case the arbitrator's award controls.

Authority of the arbitrator. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court has authority to decide whether the class action waiver in Section 15.3 is enforceable. The arbitrator may award any relief that would be available in an individual court proceeding, subject to the limitations of this Agreement.

15.3 Class Action Waiver

You and Dracobyte agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative action. If a court of competent jurisdiction finds this class action waiver to be unenforceable as to any claim, that claim will be severed from arbitration and adjudicated in the courts identified in Section 16, and the remaining claims will continue to be resolved under this Section 15. The unenforceability of this class action waiver does not invalidate the rest of this Section 15.

15.4 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@dracobyte.pro within thirty days after you first accept these Terms. An opt-out notice must include your name, account identifier, and a clear statement that you wish to opt out.

Material changes to this Section 15. If we materially change this Section 15 after you have accepted these Terms, we will provide notice to the email on file and you will have thirty days from the notice date to reject the change by sending written notice to legal@dracobyte.pro. A timely rejection will preserve the version of this Section 15 that was in effect immediately before the change for the remainder of your account lifecycle as to any claim that has accrued or accrues thereafter. If you do not timely reject, the updated Section 15 will apply.

15.5 Minors

Where a parent or legal guardian accepts these Terms on behalf of a minor under Section 2.1, the arbitration agreement and class action waiver apply to the minor as ratified by the adult. If a court of competent jurisdiction refuses to enforce arbitration against a minor user in a particular dispute, the minor's claim may proceed only in the courts identified in Section 16, individually and not on a class, consolidated, or representative basis. The remainder of this Section 15 continues to apply to the parent or guardian who accepted these Terms.

16. Governing Law and Venue

The Agreement is governed by the laws of the State of Illinois without regard to its conflicts of law rules. Subject to Section 15, you and Dracobyte consent to the exclusive jurisdiction of the state and federal courts located in Illinois for any matter not subject to arbitration.

17. Export Compliance and Sanctions

You may not use the Service if you are located in, under the control of, or a national or resident of a country or territory subject to U.S. Government embargo or if you are on any U.S. Government list of prohibited or restricted parties. You are responsible for complying with all applicable export laws.

18. Notices; Contact; Single Point of Contact

Legal notices to Dracobyte must be sent to legal@dracobyte.pro and to Dracobyte LLC, c/o On file with the Illinois Secretary of State. Contact support@dracobyte.pro for the current registered agent and address.. Notices to you will be sent to the email address associated with your account or posted to the Service.

General contact: support@dracobyte.pro. Billing: billing@dracobyte.pro. Privacy: privacy@dracobyte.pro. Legal: legal@dracobyte.pro.

EU Single Point of Contact (Digital Services Act, Articles 11 and 12). For electronic communications from EU Member State authorities, the European Commission, and users or their representatives located in the Union, Dracobyte LLC's single point of contact is legal@dracobyte.pro, in English, with follow-up translation available on reasonable request. This contact handles requests under Articles 9 (orders to act against illegal content), 10 (orders to provide information), and 16 (notice-and-action mechanism) of Regulation (EU) 2022/2065.

UK Single Point of Contact (Online Safety Act 2023). For communications from the UK Office of Communications (Ofcom), UK law enforcement, and UK users, the contact is legal@dracobyte.pro, in English. Where we are classified by Ofcom as a regulated user-to-user service, we will designate and publish any additional contact methods required by Ofcom's codes of practice.

19. Miscellaneous

• Entire Agreement. The Agreement is the entire agreement between you and Dracobyte regarding the Service and supersedes any prior agreements.
• Severability and Reformation. If any provision is held invalid or unenforceable, that provision will be reformed to the minimum extent necessary to make it enforceable while preserving the parties' original intent, and the remaining provisions will continue in full force.
• No Waiver. Our failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign the Agreement without our prior written consent. We may assign the Agreement in connection with a corporate transaction.
• No Third-Party Beneficiaries. The Agreement does not confer any third-party benefits except as expressly stated.
• Headings. Section headings are for convenience only.
• Language. The controlling language of the Agreement is English.
• Electronic Records. You consent to receive communications and notices under the Agreement in electronic form, consistent with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and Illinois' Uniform Electronic Transactions Act.
• Right to Share Honest Reviews. Consistent with the federal Consumer Review Fairness Act, 15 U.S.C. Section 45b, nothing in this Agreement prohibits, restricts, or penalizes you for writing or sharing an honest review, performance assessment, or similar analysis of the Service.

20. Force Majeure

Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, fire, flood, earthquake, epidemic or pandemic, strike or labor dispute, war or armed conflict, civil disturbance, terrorist act, government action or order, utility outage, widespread internet backbone failure, unavailability of essential suppliers, or large-scale cyber attack against third-party infrastructure on which the Service depends. The affected party will use reasonable efforts to mitigate the effect of the event and to resume performance as soon as practicable. This Section does not excuse payment obligations that accrued before the event.

21. Accessibility

We design the Service with accessibility in mind and target substantial conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA for the Service's public pages and control panel. If you encounter an accessibility barrier, please contact support@dracobyte.pro with a description of the issue and the page or feature involved. We will acknowledge receipt and work to provide an accessible alternative while the underlying issue is addressed. This commitment is separate from, and does not waive, any limitations of liability or disclaimers elsewhere in the Agreement.

Mailing address: Dracobyte LLC, Dracobyte LLC, Illinois, USA. For service of process, contact support@dracobyte.pro to obtain the current registered mailing address.. Version April 20, 2026.