By using the services of CubedHost, LLC (hereby referred to as "CubedHost" or "Company"), the Client (hereby referred to as "Client" or "Customer") agree to the following Terms and to abide by them to the best of their knowledge. The terms may change at any time for any reason, with/without notification or approval of the Client.
Failure to abide by the Terms may subject the client's product(s) and/or service(s) (hereby referred to as "Service") to suspension and/or termination, account termination, and/or other further necessary action deemed necessary by the CubedHost Team.
The Client understands that the services provided by CubedHost are not managed by the Team and thus the Customer must manage their own Service(s) provided by the Company. See the "Support" section for terms of receiving and requesting support.
The Client is to maintain appropriate and up-to-date account details as requested during the registration or checkout process, including but not limited to: first and last name, company name (if applicable), e-mail address, residential address or PO Box, city, state/region, zip/postal code, country, and phone number. The Client is expected to retain no more than one active account unless otherwise approved by the Management Team.
The Client's Service(s) are subject to suspension and/or termination if the Client does not provide their valid account details within a reasonable time frame, no more than seven (7) calendar days.
In the event that the Client is registering on behalf of a business, the Client must choose an appropriate member of their company to be designated as the point of contact and account holder. The account holder on behalf of the Client must be authorized to act on behalf of the company and will be required to have their legal first and last name associated with the account.
Should the Client have an address that fails our fraud prevention guidelines when the designated account holder places an order, the Client may be required to submit additional documentation showing evidence that they are responsible for the business, financially or otherwise. For more information, see the Orders & Fraud Prevention section below.
Account Inactivity & Removal of Account Details
In the event that an account becomes "Inactive" or "Closed", the Customer's account may have their details removed without penalty to the Customer.
The Client's account is considered "Active" with any Service(s) being provided by CubedHost, with or without any due(s) being paid for the Service. If the Client wishes to resume service after removing their details, they must first ensure all data listed on their profile is up-to-date prior to the rental of any new Service(s). This includes, but is not limited to: Full Address (house number, street name, etc.), city, state/region, country, and ZIP/Postal Code.
Orders & Fraud Prevention
The Client's order is subject to manual review in order to ensure the Company's potential risk is minimal. Any order and/or Client may be denied service for any reason deemed fit by the Team.
General Cancellation Requests & Terminology
The Customer may submit cancellation at any time, allowing the Service to terminate and no longer being financially responsible for any additional renewal invoices regarding the Service(s).
The Customer may submit two types of cancellation requests:
Immediate: An Immediate cancellation request refers to Service termination within the next 24 hours.
End of Billing Cycle: An End of Billing Cycle cancellation request refers to Service termination on the next renewal date.
The above outlined policy does not apply to Bare Metal or Colocation services and additional information can be found in the appropriate sections below.
Bare Metal Cancellations
The Customer shall provide the Company notice of cancellation with a minimum of 24 hours notice prior to the renewal date in order to discontinue Service(s) that are sold through an Upstream Provider with the Company. If the Customer does not provide 24 hours prior notice, the following month of service will be due immediately despite the Service's cancellation request.
The Customer shall provide the Company notice of cancellation with a minimum of 14 business days prior to the renewal date to discontinue colocation Service(s). The Customer is responsible for any cost(s) of returning their Service(s) to their next destination. The Company is not responsible for any damages that may take place during shipment via third-party shipping carriers.
Invoices, Payments, and Chargebacks
Customer Invoices & Due Dates
The Company will issue an invoice for customers at a minimum of 2 weeks prior to the due date of the Service, as outlined below:
Monthly: 14 days prior to due date
Quarterly: 21 days prior to due date
Semi-Annually: 28 days prior to due date
Automated payment attempts, should they be enabled for Credit/Debit cards, will be charged on the due date. Upon failure, no further attempts will be made to charge the Customer's Credit/Debit card and an email will be sent to the Customer stating that the automatic charge has failed.
Payment Methods & Automatic Payments
Payment may be completed via any of the following methods:
Credit/Debit Card: Transactions handled by third-party payment processor, Stripe. This method is subject to automatic credit/debit card processing. The Customer agrees to recurring charges, by default, on their Service(s)'s respective renewal date. The Customer may request this to be disabled by reaching out to the Team.
PayPal: Transactions handled internally by PayPal. This method may allow automatic payments. The Customer understands that they will ensure to cancel their PayPal subscription(s) should they request cancellation of the Service(s).
Stripe Sources: Transactions via direct debit or other similar means (such as through SOFORT, iDEAL, etc.) are handled by Stripe, similarly to a Credit/Debit Card. These payment(s) are one-time tokenized payments and are not recurring payments.
The Company is not responsible for over-payment due to Customer's failure to request cancellation of automatic payments on any third-party payment processors. Overpayment will be issued in the form of credit to the Customer's Credit Balance and transactions older than 45 days are deemed non-refundable.
Payment Disputes & Chargebacks
The Client may withdraw the payment dispute or chargeback to retain their Service(s) and regain access to their Service(s)'s contents, as well as request for the Company to withdraw the chargeback report to the third-party fraud prevention company.
If the payment dispute or chargeback is not withdrawn before the decision by the financial institution, the Client will no longer be eligible for Service(s) through the Company. The Client may be held liable for a non-refundable dispute handling fee, despite the withdrawal of the payment dispute or chargeback, as deemed appropriate by the Management Team.
Professionalism & Respect Clause
The Company expects the Customer to remain professional and respect the Team as they would expect that of the Company and its Team. If the Customer becomes belligerent, the Member(s) of the Company reserve the right to suspend and/or terminate the service without refund. This may include, but is not limited to, the following derogatory behavior:
Profane/vulgar language; racist, sexist or derogatory remarks towards or regarding the Team.
Repetitive or constant flow of conversation messages intended to disrupt the Team's ability to service other Customer(s) ("Spam").
Automated Backups, File Recovery & Service Reinstatement
Backup Retention and Responsibility
The Company will offer a backup solution for any paid service(s) on a multi-tenant Node managed by the Team, such as Game Service(s). Physically colocated hardware and Bare Metal services are not considered multi-tenant nodes and are ineligible for backups.
The Company is not responsible for loss, corruption, or mishandling of the Customer's Service(s) contents or backup(s). The Company will do everything within reason to ensure the Service(s)'s backup offerings are functioning as normal, but with the recommendation that the Customer must retain their own backup(s) and manage them off-site if they deem it necessary.
Upon reinstatement of the Service, it's possible to restore a copy of the Customer's previous Service(s) from the backup window specified for the appropriate service line. The Customer is not guaranteed the recovery of any Internet Protocol resources, otherwise known as an IP Address, or DNS records offered by Company.
Credits, Refunds & Money Back Guarantee
48-hour Money Back Guarantee
The Customer may request a refund up to 48 hours after their purchase with the Company for a full refund for up to 3 times in 6 months, subject to approval by the Team. Subsequent requests for a refund in the first 48 hours of any Service are subject to the standard refund policy and are not guaranteed. Services that are sold through an Upstream Provider or physically colocated with the Company are not eligible for a refund or credit. The Customer may request clarification prior to the rental of the Service(s).
Refunds & Credits
Refund requests must be issued by the Customer while authenticated with the Company's support system. Any requests made by the Customer but fails to identify themselves securely will be declined for a refund until they are authenticated appropriately. If the Customer does not identify themselves until after the deadlines outlined by the Terms, the request will proceed as the official request being issued with the last or most recent request attempt being the originating request.
Proper identification of the Customer may be expressed in a various number of ways:
Authentication with the Company's Prisma control panel or mobile application
Authentication with the Company's Legacy Client Area (WHMCS)
Answering account recovery details deemed appropriate by the Team as an unauthenticated user.
The Customer is not entitled to any refund after the 48-hour Money Back Guarantee, hereby referred to as "Guarantee."
The Customer may request a refund to either their original payment method or their Credit Balance after the Guarantee period ends, subject to approval by the Management Team. Refund amount(s) are calculated as the number of days remaining in the respective billing cycle and minus 10% of the remaining balance. Any Service(s) that have five (5) days or less remaining in their respective billing cycle will not be due a refund or credit.
The Customer may have no more than five (5) total refunds to an external payment method in any given six (6) month period. Any requested refunds thereafter will be issued as a credit to the Customer's Credit Balance.
Refilling Credit Balance
The Customer may refill their Credit Balance by issuing an "Add Funds" invoice from the Client Area or Prisma. All Credit Balance refills are non-refundable and do not fall within the scope of the 48-hour Money Back Guarantee.
Credits (Downgrades, Promotional Offers, etc.)
The Customer may downgrade their service at any time, or initiate an action that may offer a credit towards their Credit Balance. The credit may take up to 30 business days or longer to process, depending on the Team's availability.
Promotional Offers allows the Customer to receive the Service(s) at a discounted rate or bundled package. The Offers are subject to various conditions dependent on the specific Offer. The Customer may reach out to the Team at any time for clarification of the Offer.
All Offers are subject to the following terms:
Recurring Offers are only valid for the duration of the service at the rate of when the Service was created or modified. The offer may be retracted when the rate of the Service changes.
One-Time Offers may only be applied once to any given Service and may only be used at the setup of the Service. These offers are classified as First Month only.
The Team may retract an active promotional offer at any given time for any reason.
Social Media Offers
Offers made over Social Media may expire at any time for any reason deemed fit by the Team. Any unused Offers expire six (6) months after the creation of the Offer.
CubedHost makes available an Affiliate system to allow the Customer to refer other Customer(s) to the Company in exchange for compensation of a percentage or fixed rate of the initial sale as determined by the Team. CubedHost may disable an Affiliate account by the Team if the Customer is found to be misleading or inappropriately identifying themselves as a member of the Team.
Affiliate Payouts / Withdrawals
The Affiliate program may be paid out to the Customer's Credit Balance at the Company. Payouts are not available for withdrawal to any third-parties (PayPal, Bitcoin, etc.) or for a bank transfer unless otherwise authorized by the Managing Members.
Website Hosting refers to service(s) provided for the placement of static or dynamic website content, not to be confused with a website content generator or pre-built portal.
Node refers to a shared physical or virtual server intended for providing the Customer with resources available to the physical or virtual server, such as memory, disk space and network connection, allowing them to run their respective process(es) as defined by the service(s) they've ordered.
Partner refers to a customer whom has become affiliated with the Company where service(s) are provided at a discounted rate in exchange for advertisement and referrals.
Stress Test refers to the testing of a physical or virtual server's resources, such as (but not limited to) RAM, disk space, disk speeds, network connection, attack mitigation or protection, etc.
Upstream Provider refers to the network, physical server, or physical colocation provider for Us, allowing the Service to operate in a secure data center.
Fair Use refers to what is commonly referred to as a "Fair Use policy." Customers are allowed to use a portion of the resources provided by the Node within reason.
Database refers to an additional Service that may not be billed, allowing the Customer to host data on a remote server via the MySQL, MongoDB, Redis, etc. protocol(s) where applicable.
Team refers to a member or the team of the sales, support, or management teams at CubedHost.
Prisma refers to the custom control panel written by CubedHost.
Partnership refers to a mutually beneficial trade of services, such as discounted or free game server hosting in exchange for advertising.
Applicant refers to an individual applying for a position or agreement between themselves and the Company.
Offer refers to a promotional offer, usually in the form of a discounted service.
Credit Balance refers to a balance accrued by a number of factors: downgrading services before their due date, issuance of downtime compensation, affiliate payouts, etc.
Management Team refers to Members of CubedHost, LLC in the State of Texas or designated Team leads.
Managing Members refers to those registered as Members for the Limited Liability Company entity in Texas.
Client refers to an account in the CubedHost billing system.
Customer refers to an active Client with or without payment.
Bare Metal refers to a physically dedicated server resold through an Upstream Provider, allowing the Customer to operate their own services, software, and so forth.
Colocation refers to physical hardware provided by the Client being placed in a physical data center, requiring only power, space and network.