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Terms of Service

Use of the services at CubedHost, LLC (hereby referred to as “CubedHost”) is subject to the terms in this document. These terms may change at any time, with or without notification or approval of the customer. 1) Accounts The customer is expected to keep their account up-to-date and keep their information accurate while they’re an active customer on CubedHost. Inactive accounts – those with no “active” services or domains – do not necessarily need to be kept up-to-date. However, if the account becomes active again, all information must be completely accurate. 2) Customer Responsibilities a. General All services, excluding Dedicated Servers, are unmanaged services. We do not offer plugin/mod configuration, website setup and modifications, and so forth. Our support terms are laid out further in the terms of services. Customers are responsible to keep up with their own servers and their server payments; please refer to section 3, Payments and Invoices. b. Voice Servers Voice servers are referred to as TeamSpeak 3 hosting. All Voice servers are subject to the policies listed below. i. Slots are RESTRICTED. You are welcome to change the slots at any time through your client area. ii. The bitrate for Voice servers is 128Kbps, and may not be modified without the prior approval of the CubedHost system administrators. c. Minecraft Servers All Minecraft servers are subject to the policies listed below. i. The amount of RAM allocated is restricted, and may not be circumvented or modified. The client understands that if this policy is breached, as per section 6 of these terms, the service(s) will be terminated immediately. ii. Slots are UNRESTRICTED. You are welcome to change the slots at any time. Grandfathered plans may be restricted; however, slot amounts for these plans can be changed upon request via support ticket. iii. CPU-intensive servers (defined as server instances using over 100% CPU) may be suspended, with or without warning, due to the interruption of other customers’ services. Un-suspension of suspended services is purely at the discretion of CubedHost administrators, and is not guaranteed. Furthermore, refunds requested after suspension of a server for the above reason are not guaranteed and are also purely discretionary. iv. Disk space is restricted under the fair-use policy. Our fair-use policy is calculated as space divided by number of customers on a single node. Any unnecessary files, such as log files, Dynmap .PNG web tiles / files, etc., may be removed with or without prior notice. d. Dedicated Servers Dedicated servers are naturally an unmanaged hosting service, meaning we do not provide support for any software on the system. Updating software and management of Multicraft, MySQL, PHP, Apache, and so forth are all customer responsibilities, unless a premium service is purchased, as outlined below. Customers are to ensure they follow the appropriate AUP for the specific location that their dedicated server is provided in. Phoenix, AZ / Ashburn, VA / Amsterdam, NL: http://www.phoenixnap.com/docs/html/aup.html i. Semi-Managed Service Semi-management is classified as OS updates/upgrades, management of Multicraft (upgrades upon request), and miscellaneous software that CubedHost deems supportable. This does not include software installation. Any costs or fees associated with this service are subject to change at any time. Additionally, any management service is purely at the discretion of CubedHost administrators, and may be declined at any time. ii. IP Address Allocation IP space allocations vary between locations. Phoenix, AZ and Ashburn, VA dedicated servers come with a /29 IP block at no extra cost. Amsterdam, NL dedicated servers do not come with a /29, only a single IPv4 and IPv6 address. IP address allocations for London dedicated servers will be shown on the order form and may change at any time. If an additional IP block is paid for by the client and CubedHost is unable to provide it as described, CubedHost will refund the cost of the IP block to the client. Additional IP blocks may be purchased for an existing and active dedicated server, if available, by submitting a support ticket. Any additional IP allocations may require that the client complete an IP Address Allocation Justification form. In cooperation and accordance with ARIN and RIPE policies, CubedHost conforms to standards and procedures set forth by PhoenixNAP (phoenixnap.com) regarding IP address allocation and assignment. As such, CubedHost requires that all IP address allocations can be justified for use immediately, as well as over 6 and 12-month periods. In addition, CubedHost is required to provide estimated utilization rates for such IP allocations over these periods of time. Clients requesting additional IP addresses for an existing server must be able to show at least 80% utilization of all currently allocated IP addresses, and list them along with their utilization level(s). A minimum of 80% utilization of all pre-existing IP space is required before any additional space will be authorized. If the customer does not meet the minimum utilization criteria, CubedHost reserves the right to revoke the assignment and reassign an appropriate number of IP addresses. 3) Payments and Invoices Customers are not held to a contract or subscription basis, thus allowing month-by-month payments without any obligations to continue the service. Customers have the option to use a Credit or Debit card, of which does permit automatic payment renewal per month (enabled by default). The customer can request that this is disabled, and payments must be made manually. For all services, excluding dedicated servers, the following procedure will be enforced: 1. An invoice will be generated 10 (“ten”) days prior to any service due date, including a list of services that are due to be renewed and their respective amounts. 2. If left unpaid, the invoice will become overdue the day after the due date at 12 AM UTC, thus sending an overdue notice to your email. At this point, any affected services will be suspended for overdue payment. 3. If not paid after the first overdue notice, a second notice will be sent on the second day of being overdue. Suspended services will remain suspended. 4. If not paid after suspension, the service will be automatically terminated for non-payment. If the invoice for a service is paid after a suspension, and before termination, the service will be unsuspended. For service reinstatement or recovery without reinstatement, see section 4. For all dedicated servers, the following procedure will be enforced: 1. An invoice will be generated 14 days (two weeks) prior to the service due date, including the dedicated server name(s), and amount(s). 2. If not paid, the invoice will become overdue at 12 AM UTC on the day immediately after the due date, thus sending an overdue notice to your email. At this point, the dedicated service will be suspended. 3. If not yet paid, the dedicated service will be terminated after 72 hours, or 3 days. 4) Service Reinstatement or Recovery Reinstatement and recoveries are an optional service, which includes our support team recovering your files from our backup nodes. This service applies only to shared Minecraft hosting services and no other services hosted by CubedHost. For the time spent, a $2.50 USD recovery fee will be charged per restoration matching any of the following criteria: i. The service was terminated. ii. The service was suspended, but the customer does not wish to continue service. Service reinstatement/unsuspension for dedicated servers is only possible in the event that the dedicated server or VPS is not terminated. i. Dedicated servers in the UK are subject to a $25 USD unsuspension fee. Once a dedicated server or VPS is terminated, data is no longer recoverable. Reinstatement and recovery services are unavailable for any other types of service hosted by CubedHost. 5) Support Terms Support is provided as part of the service, as it’s included in the purchase of the Minecraft service, game service, voice service, web hosting, VPS, or dedicated server. The customer understands that: o Support can take up to 24-48 hours to provide a response of any kind. o Spamming of our ticket system (defined as numerous tickets being opened, or responses being created, of the same issue and/or text) will only create a further delay in responding to your tickets, and (if excessive enough) may lead to a temporary and/or permanent block from our support system. o Only one (1) ticket should be opened per issue to allow our customer support operators to assist you more efficiently, otherwise it may create differing opinions and/or solutions. A single ticket may be used for multiple queries. o The support agent assisting you has the right to refuse support requests if they find your request to be abusive to them/us (e.g. swearing, causing problems and/or harassing the support team, etc.). o Seemingly fraudulent requests will be closed without notice. o The support agent reserves the right to suspend your service if the customer’s behavior towards the support agent is rude, defamatory, or disruptive. Upon approval from a member of CubedHost, LLC, the service may also be terminated. 6) Abuse Customers that are found abusing the service may be suspended and/or terminated at any time without prior notification, but only with sufficient reason to do so, as seen fit by members of CubedHost, LLC. The following situations are reasons (but not limited to) for suspension and/or immediate termination: i. Minecraft Servers 1. High CPU usage by plugin(s) 2. Misusing resources to attempt to gain higher security access 3. Use of a plugin that disrupts any internal or external services (eg. automated backup plugins, botnets, etc.) 4. Using unauthorized JARs in place of Minecraft 5. Circumventing memory or CPU limitations ii. Voice Servers 1. Use of system to discuss, communicate, or carry out illegal activities iii. Dedicated Servers 1. DoS/DDoS scripts 2. Packet Flooding (TCP/UDP/SYN) 3. Torrents (linking, usage, and downloads) 4. Pirated content (including but not limited to music, videos, and software/code) 5. Intent to gain unauthorized access to any other system iv. Game Servers 1. High CPU usage by plugin(s) or addon(s) 2. Misusing resources to attempt to gain higher security access 3. Use of a plugin or addon to disrupt other’s service(s) 4. Altering the player count above your service’s limitations v. Web Hosting 1. Hosting of daemons (background processes) 2. High CPU usage (defined as 25% of any CPU core for more than 30 seconds) 3. Using MySQL for websites for an outside service, such as games or Minecraft 4. CGI:IRC (IRC Clients that use the server-side) 5. Defamatory or racist remarks 6. Warez / Illegitimate scripts (Nulled software) 7. Copyrighted material (such as images, software, etc.) without written consent of the content owner 8. Torrents (linking, usage, and downloads) Please note that we do not allow the use of any automated backup plugins on Minecraft servers. These plugins cause massive disk usage which can result in negatively affecting other customers' services. 7) Refunds, Chargebacks, and Money-Back Guarantees CubedHost offers a 48-hour money-back guarantee, no questions asked, for all services but the following: i. Dedicated Servers ii. VPS Servers iii. Domains After the 48-hour money-back guarantee, a refund is NOT guaranteed. Prorated (partial) refunds are provided in most situations when requested; these refunds may only total 90% of the transaction amount, in order to account for resource usage while the service was active. Payment(s) can not be refunded after 45 days of the transaction date if a refund is approved. Any transactions approved for a refund after 45 days may only be credited to the client's account. 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, CubedHost 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. CubedHost 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. The final decision concerning a refund in any case, including refunds requested within 48 hours of the initial purchase, lies with the CubedHost management team. The 48-hour refund guarantee will be honored in all cases except situations in which a CubedHost service was abused or any sort of fraudulent activity is suspected or witnessed. Furthermore, frequent purchases and immediate refund requests are valid reason for the denial of future refunds, regardless of the duration of the service. 8) Automated Backups and File Recovery CubedHost provides an automated backup service for all shared Premium Minecraft servers. This system creates remote backups of servers' files and stores them on specific backup servers, separate from Minecraft nodes. Backups are not accessible to customers; however, via a support ticket request, a backup can be requested in these forms: i. Restoration - a backup will be restored to the customer's server and any existing files overwritten ii. Download link - a backup will be placed on our web server and provided to the customer via a private download link The CubedHost backup system follows these rules: i. Backups are created daily, beginning at midnight (12:00 AM) CST/CDT and may take up to 12 hours to complete ii. Backups are stored for up to 10 days at a time The backup system for CubedHost ignores the following files and/or folders (and the reason[s]): i. Dynmap (unnecessarily large images) ii. mcmmo_data (unnecessary large quantities of files, slows down backup and restoration process) iii. .log, .log.gz (unnecessarily large logs) iv. .zip (typically backups; Forge mods are NOT ignored) v. .tar (typically backups) vi. Backup, MineBackup (we do not backup backups) vii. .sql (MySQL should be setup upon first installation of a plugin) CubedHost offers free backup retrieval for up to 2 days prior to the current date. Any further/older backup retrieval requires the appropriate service to be purchased. The customer is subject to a per backup retrieval fee of $2.50 USD for any of the following conditions: i. A backup prior to 2 days is requested without the appropriate extended backup service If CubedHost does not have a backup available due to any error, we are not responsible for the loss of your file(s), content, maps, etc. The backup service is only available for the Premium Minecraft and Pocket Edition hosting services. 9) Cancellation and Termination of Service(s) The client may request cancellation at any time via support ticket or the cancellation request process in the client area. The following types of cancellation are available: i. Immediate Immediate cancellations are processed at 12AM UTC on any day of the year. ii. End of Billing Cycle End of Billing Cycle cancellations are processed at 12AM UTC on the day of the renewal date for any service. Upon receiving the cancellation request, all unpaid invoices regarding that invoice will become void and do not require payment. If no cancellation request is formally lodged, the client will be responsible for payment until the service is cancelled or terminated. CubedHost is not obligated to provide credits or refunds for services cancelled or terminated prior to the renewal date. For information regarding our refund and credit policy, please refer to section 7. For file recovery and restoration, please refer to section 8. Services beyond our Premium Minecraft and Pocket Edition lines are not possible to recover. 10) Minecraft End User License Agreement By using any CubedHost Minecraft-related service, including but not limited to CubedHost Minecraft server hosting and CubedHost "Budget" Minecraft server, hosting, you agree to the Minecraft End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by Mojang AB, in addition to but not in place of CubedHost Terms of Service. Minecraft EULA: https://account.mojang.com/documents/minecraft_eula 11) Promotional Codes CubedHost may offer promotional codes, herein "codes", which provide discounts on CubedHost services. Such promotional codes are covered by the following terms: i. Codes are valid for a period of time as defined by CubedHost. ii. Codes will discount CubedHost services by either (a) a percentage or (b) a fixed dollar amount as defined by CubedHost. iii. Codes will be valid for use either (a) one or (b) multiple times over the life of the individual code. iv. Codes will be valid for use either (a) one or (b) multiple times by a specific customer over the life of the individual code. v. Codes may be deemed "expired" at any time at the discretion of CubedHost. vi. "Expired" codes may not be used when placing an order and such codes will not be honored at the time of purchase. vii. Codes will provide either (a) one-time or (b) recurring discounts as defined by CubedHost. ix. Codes that provide one-time discounts will apply only to the first payment for the related service. x. Codes that provide recurring discounts will apply for a duration of time or number of payments as defined by CubedHost. xi. Codes that provide recurring discounts indefinitely are referred to as "lifetime" promotional codes. xii. "Lifetime" codes may be altered or revoked at any time at the discretion of CubedHost. xiii. "Lifetime" codes do not necessarily guarantee a specific recurring service price for an indefinite period of time. xiv. Codes may or may not persist after changes to a service, such as an upgrade or downgrade, at the discretion of CubedHost. xv. Codes may be altered in any way at any time by CubedHost without notification to existing or future customers. xvi. Changes to service pricing may result in a code being revoked from an existing service, at the discretion of CubedHost. Last Updated: 1 October 2016