Agreement & Definitions:
Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so-called herein). You are responsible for your account’s actions, which in most cases cannot be reversed. These Terms of Service may also be referred to as (“Terms and Conditions”), (“Terms and Agreement”), (“Terms”) or anything other that refers to, or is similar to, “Terms”. By accepting to these terms you indicate that you also agree to the Minecraft End User License Agreement.
By using our website you agree to these Terms of Service, if there is any breach of these terms the account and all active services will be terminated with immediate effect, CubikNode nor their providers take liability for any losses suffered due to such termination as CubikNode is limited by guarantee. Please read the full terms for more information. Please note that if you have active services or you have an active account you have already agreed to these terms upon sign-up and purchase of each individual service. These terms, are a legal document that does not expire, nor does your agreement to comply with these terms.
Our Appropriate Use Policy, which is hereby incorporated by reference, specifically prohibits the use of our service(s) for illegal activities. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, correspondence between the Company and the subscriber, and any other information related to the subscriber, the account, or any past or current services. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition CubikNode shall have the right to terminate all service set forth in this Agreement if, in the sole discretion of CubikNode, the account and/or services were used in any manner which is illegal or otherwise violates these Terms of Service, our AUP, or any other company policy. If an account is terminated in accordance with this section, no refunds shall be issued and all amounts prepaid forfeited.
CubikNode services may not be used for illegal purposes, or in support of illegal activities. CubikNode reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong doing. We will protect any client who is a victim, this can be in physical, verbal, written or technical ways. This includes racial or ethical abuse, which may personally affect other users or staff and will be handled by agencies of authority.
2. Service Rates & Promotions:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Subscriber acknowledges that if a product has had a custom quote, promotion or personalised offer no refunds shall be given unless of a system error or lack of service.
CubikNode does not guarantee that all promotion codes will work, as some may expire before the date of usage. We do not take responsibility for invalid codes or offers given by members of the general public, or other bodies other than the staff found on our about page. If you are found in possession of a premium code, such as one given to a staff member or one that’s used for testing, your account and any services related to the promotion will be cancelled or suspended without refund if applicable. If the code was reproduced the first person to have used the code, will have their IP permanently blocked from our website.
2a. Legal Consultation:
CubikNode retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising whether it is through violation of this policy or any other illegal occurrence requiring involvement of law-enforcement agencies. CubikNode regards any communication between parties as confidential, upon distribution of any communication, unless prior approval is in place, we will take action to the full extent of the law. By purchasing a server from CubikNode you permit us to modify your server, this includes, but is not limited to, changing plugins, updating Bukkit and other tasks related to running a Minecraft server. Any verbal or written threats to compromise our systems or any other equipment owned by CubikNode will be taken seriously and will result in further investigation and possible lawsuits. Upon cancellation of payments to CubikNode your server will be suspended then terminated unless prior arrangements are made. Files will be kept as long as possible after termination or suspension however the guaranteed amount of time is unspecified, and is most likely none. CubikNode retains the sole right to stop, start, and modify your services as they remain in the ownership of the company.
We offer a 24 hour money back guarantee, for services canceled within 24 hours of the initial order. Refunds must be requested, and only the first payment made on a service is covered by this guarantee. If a service has been active for more than 24 hours, none of the payments made on the service are eligible to be refunded. Refunds cannot be requested without probable cause. Any refunds for services older than 24 hours will be issued at our sole discretion. Problems can typically be resolved by contacting customer support. If your account is terminated due to a violation of the Terms of Service, a refund will not be provided.
A chargeback or dispute of any payment will result in the immediate suspension of service until resolution of dispute or chargeback. Until the resolution of the chargeback or dispute, CubikNode is under no obligation to provide the contents of (ie. files, configurations, databases, etc.) or provide access to any and all services on the customer account. CubikNode does not offer credit or refunds in the event of a suspension due to a chargeback or dispute. If a chargeback or disputed payment rules in favor of the customer, the service will be terminated immediately. The client is responsible for ALL charges that are caused by the chargeback.
b. Dedicated Servers
Dedicated servers require time consuming, labor and power intensive provisioning, therefore we are not able to provide refunds on dedicated orders due to the nature and costs involved with provisioning and maintaining the service.
c. Web Hosting
See '3a. Minecraft'
d. Domain Names
Domain Names are issued by a third party issuer and cannot be refunded under any circumstances.
To cancel your services you must first cancel any active PayPal subscriptions and only then submit a cancellation request in our client area found at client.cubiknode.com. As CubikNode does not have access to client’s PayPal account we cannot and will not be responsible for unintended payments made using the automatic payment subscription service. Unless a ticket is opened, a cancellation request will be fulfilled within the chosen period during the cancellation process. Termination of service due to cancellation request is irreversible, and all data is erased. CubikNode takes no responsibility for lost data due to cancellation.
Any support requests required for products from CubikNode shall be submitted through ticket, email or or live chat. Any other form of contact other than the predetermined ticket system is not guaranteed a proper answer from an official representative and may be ineffective. Support is only provided through these methods due to the ability to log support requests.
6. Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
We reserve all rights to terminate your service upon any violation of these terms or any other basis if deemed needed by staff. This can be done without prior warning to the termination. If you’ve broken any terms you will be warned and asked to not do so again, or correct it. If appropriate we will terminate the service on at the time of the violation.
Minecraft servers will be suspended after 7 days overdue notice, and then terminated on the 14th day. Please make sure you pay your invoices which are generated 10 days prior the due date. If your server has been terminated then all of the files will be cleared from the hard drive. To prevent this, we offer the ability to ‘add funds’ which means that you can add money to the account and the funds will be automatically added to your due invoices.
Using of the CubikNode services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property (online or not). Harassment using the CubikNode services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is not allowed and will be punished by law. Harassment of staff is taken as seriously, and legal action may be taken following termination.
9. Forgery or Impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited under the Computer Fraud and Abuse Act. Please note that we allow only creation of one account per client, consequently all services may be terminated without prior warning. The use of anonymous remailers or nicknames constitutes impersonation. If you wish to give access for multiple users, create sub accounts for them in the client area.
10. SPAM and Unsolicited Commercial Email (UCE)
CubikNode takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM (of any kind) over our network. Very simply this means that customers of CubikNode may not use or permit others to use our network to transact in UCE. Customers of CubikNode may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of CubikNode's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CubikNode will initiate an immediate investigation (within 48 hours of notification). During the investigation, CubikNode may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CubikNode may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CubikNode reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CubikNode will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that CubikNode personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the CubikNode network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
We permit the sending legal, CAN-SPAM act compliant e-mail from one IP address per server or VLAN without additional charge. Additional charges apply whenever mail will be sent from multiple IP addresses or if any of the IPs are being used in connection with bulk e-mail, such as hosting sites which are referenced (via hyperlink or otherwise) in bulk messages. All IP addresses that will be used on a server or VLAN that is used for or in connection with the sending of e-mail are billed at a rate of $5.00 per IP address per month. This rate applies to all IP addresses associated with the server or VLAN from which the e-mail is being sent, including those addresses which aren't being used for or in connection with the sending of e-mail. Any customer found to have used multiple IP addresses on one server or VLAN for the sending of e-mail will, at the sole discretion of CubikNode, be charged $4.00 per IP address retroactively from when the IP assignment was made. CubikNode requires that all clients maintain opt-in information for all subscribers including the date, time, and source that each e-mail was added to the mailing database. This information must be retained for not less than 90 days and must be supplied to CubikNode upon request. The opt-in information may be forwarded to any complainant alleging that they have received SPAM e-mail messages.
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice without refund.
Fraud involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Fraud is strictly prohibited and offenses will be investigated. Third-party Links, Sites and Services Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by CubikNode. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from CubikNode, you do so at your own risk and you agree that CubikNode will have no liability arising from your use of or access to any third-party website, service, or content.
12. Network Disruptions and Unfriendly Activity
Use of the CubikNode service for any activity which affects the ability of other people or systems to use CubikNode Services or the Internet. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. CubikNode will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
We are not affiliated with Mojang AB, nor Microsoft and we do not claim liability for their actions/services made or provided by them. unless stated otherwise. However, we are affiliated with the official program that will be enforcing the EULA. The EULA applies for Minecraft Server Hosting and we will be enforcing the rules set by Mojang AB. We will make sure that all servers comply with the EULA, servers that do not comply with the EULA will have 48 hours to make the necessary changes before suspension.
14. Damage to Intellectual Property
Damage of Intellectual Property is against the law, and includes Minecraft servers and any web based content. This includes griefing and destruction of worlds or permission based systems. If you damage a IP (Intellectual Property) hosted by us, and you’re already a client, your account will be terminated along with all active services.
15. Disk Usage
We allow unlimited disk usage. By this we mean that you can have as many files as you wish, as long as they do not affect the performance of the machine that you are hosted on. If your content affects the performance or uptime of our services or other users services, we may remove some files or all your services from our systems or dedicated nodes. We reserve to do this without notice. Furthermore, if this happens upon initial purchase of a product/service, you will be automatically excluded from our refund policy due to the pure nature of this issue which may cause us money loss.
16. Server Performance and Uptime
CubikNode does not guarantee 100% uptime on services we provide but we aim to provide as close to it as possible. On rare occasion issues, can occur out of our control, or scheduled downtime may be required to perform essential maintenance. You accept that this can happen and that we will do our up most to resolve any issues that occur in a short space of time, and to provide you, the customer with a minimum of 24 hours’ notice for any maintenance that may hinder you using your service. If you find your service experiencing crashing issues after adding 3rd party content such as scripts or mods. This cannot then be used to leverage a refund on your CubikNode service.
17. Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of CubikNode must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
18. Domain Transfers
When transferring a domain to or from CubikNode we may ask to see some form of ID to prove you are above the legal requirement for the payment source. The current legal requirement is 18 for PayPal in Europe and 16 in the United States. Please consult PayPal for the requirement for your country.
19. cPanel Migration Assistance
If you are moving to us from another cPanel provider, we can assist with the migration by restoring any cPanel backups you upload to us via FTP. It is your responsibility to supply these backups. We will not log in to your old provider's platform and perform the backups on your behalf. Any migrations from non-cPanel providers will not be performed by us and must be done by you. We provide a full guide on how to accomplish this and can assist if you have issues.
20. Account Termination
In any situation where your account has been terminated by us, it is your responsibility to request any data you may have on the hosting within 24 hours of the termination. Outside of the 24 hours your account will be wiped from the system and your data securely removed.
21. EU GDPR
As of 25th May 2018, the EU GDPR allows customers to request for their details to be removed from our system. Furthermore, customers have the option to request a full report of their account, transactions, invoices and more. Please contact us if you wish to request this.
WE PROVIDE THE SERVICES AS IS, WITH ALL FAULTS AND AS AVAILABLE. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A CubikNode. REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
24. Changes to Policy