Terms of Service
→ 1. Definition
This website is operated by ElixirNode. Throughout the site, the terms 'we', 'us', 'our' and 'company' refer to ElixirNode whilst 'you', 'client', 'customer' refer to you, the user of this service. In addition, 'blacklist' refers to the permanent appealable ban of you; the user, from using our services. ElixirNode offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
→ 2. Acceptance
Upon registeration a client account or ordering a service you automatically accept the terms stated. An order will not go through until you willingly check the box stating you accept the terms of service.
→ 3. Refund Policy
We offer a 24 hour money back guarantee refund policy for all new clients on our Game and Website hosting services, with exceptions. You must not have had any active orders previously nor a previously active client account, it must be the first service you have ever purchased from ElixirNode and it must be purchased on the monthly billing cycle only. Otherwise, beyond 24 hours of your service refunds are not possible except at the discretion of the management team. We will compensate for any issues with the service appropriately. Disputes/Chargebacks are not permitted and will result in the termination of your account and services as well as a referral to a credit collections agency should a chargeback be won fraudently. Refunds can be credits or original payment method, at the discretion of management. You have no right to receive the refund as original payment method.
→ 4. Abuse of Services
We reserve the right to terminate any account, service or furthermore suspend access to our site or services for any kind of abuse that is found on any of our services. Any hint or risk of abuse being created by you may result in consequences such as the ones mentioned above.
→ 5. Termination and Usage
We reserve all rights to terminate your server(s) or service(s) upon any violation of the terms of services, or any other basis if deemed needed, furthermore we may refuse service to anyone for any reason. Any unnecessary usage of our services which includes the purchasing of services for the intention of attacking other servers on the same daemon as an example or otherwise actions that are not the obvious intention of our service then your service may be terminated.
→ 6. Emails
We are not responsible for any emails going into your junk folder sent by us. We recommend you check emails sent by us which could contain vital information.
→ 7. Set-up time
All services marked with instant setup will be instantly setup in most cases. If a setup has taken longer than 2 hours, then we recommend opening a ticket with us. Services such as dedicated server and VPS may not be instantly setup intentionally.
→ 8. Uptime
We guarantee above average uptime, however we do not guarantee 100% uptime. We do however try to get as close to it as possible. If your server is down for any reason then please wait patiently, if it persists above 2-hours then create a ticket.
→ 9. Data Loss and Backup Plan
We are not responsible for any data loss, back-ups are fully the responsibility of our clients. However, we take full free automated backups of all Game hosting and Website hosting services. No backups whatsoever are taken for VPS hosting services due to the unmanaged nature, unless a paid backup option is provided. The meaning of data in this term is limited to files that are uploaded and submitted directly into our services. The backup plan is available for purchase for almost all game hosting packages and free for some. This "Access to off-site backups" addon/plan is for you to be able to access the free automated off-site backups that we take daily on our off-site infrastructure. These backups are taken daily and are kept on our systems for at least 1 year and can be purged after a year. When a backup request is made, we will confirm whether or not you have the access previliges and will then deliver the backup via a dropbox link.
→ 10. Fair Use Policy
We provide unmetered storage for all our minecraft hosting plans and unmetered storage as well as bandwidth for our elixir wizard website hosting plan. However, each have a respective soft limit, if you are close or reach this soft limit you may create a ticket for it to be upped. For Minecraft servers, you may or may not be required to co-operate with us in controlling your storage. This is done to prevent abuse, you are able to monitor this on both panels. As for dedicated servers, the bandwidth has no soft limit but the storage provided is your responsibility to maintain. Backups are forbidden to be uploaded to minecraft or website hosting; in addition, using other malicious storage consuming files will disable your ability of getting your soft limit upped. Additionally, with our new web hosting plans there is a limit system called inodes for all files and an email sending limit of 50 emails per hour, if you are close to any of the limits your service will be suspended and potentially terminated with or without notice.
The Managed VPS addon is protected under fair use: the first 24-48 hours once a system administrator has been assigned and started working on your VPS are used for installing new software. After that, the maintenance of those softwares including fixing any issues that occur as well VPS issues caused by the softwares themselves and not the client are also to be fixed. Additionally, general VPS support may also be provided within reason usually for issues that can be related to the softwares. Additional software installs as well as basic tasks may not be performed after the initial 24-48 hours mentioned of every renewing month. The rest of the month is for the upkeeping of your VPS with those installed softwares. If you have any questions, please ask your assigned system administrator.
The Server Administration addon is protected under fair use: the first 24-48 hours once a staff member has started working with you in regards to server administration you may request the following: setting up of a maximum of 15 plugins (no configurations), maximum of 3 worlds, maximum of 8 ranks/groups of permissions, maximum of 2 MySQL databases for plugins and a maximum of 10 schematic builds. All of these are only able to be requested within 24-48 hours of every renewing month including first month ordered. After that, only requests to manage the already fulfilled setup requests can be made limited to: written explanations, fixing of broken setups, limited to 3 fixes due to client error and unlimited setup failure fixes.
→ 11. DDoS
We are not responsible for any downtime caused by a DoS (denial of service) or DDoS (distributed denial of service). All we may guarantee is that we will do our complete best to defend against these types of attacks, if a client is being specifically targetted actions may be taken such as moving the server to a different daemon.
→ 12. Identity Verification
We may require you to verify your identity, this is in order to prevent fraud. If you do not wish to provide verification then we will find alternatives, if you do not wish to co-operate then we will cancel your order. This is rare for minecraft or website hosting but is done most times for dedicated servers.
→ 13. Accounts
Upon creating a client account via registration or order, you agree to fill out the information correctly, accurately and make sure it is up-to-date, as required by law. If suspicious or otherwise missing information is submitted, we reserve the right to take any further action with or without warning; not limited to ceasing provision of any services as required by law. Any attempt of using the information of someone else other than yourself such as someone's discord; we reserve the right to blacklist you with or without warning. If you create more than one account for any reason including but not limited to the purpose of taking advantage of promotions/offers/trials then you may or may not be warned before all accounts are closed and you will be blacklisted. You may not in any way attempt to sell your accounts or its contents in any way, credits are considered part of an account and may not be sold or traded in any circumstances. Credits may be used for ElixirNode services only with no other usage at all.
→ 14. Limitations of Liability
You hereby fully acknowledge and agree that by applicable law, ElixirNode shall never be liable for any special, consequential, direct, indirect, incidental, exemplary or furthermore any type of damages caused. ElixirNode does not guarantee the ability to use a service nor is liable for anything unless specifically and clearly stated otherwise from an ElixirNode executive official.
→ 15. Affiliates Program
Our affiliates program is made available to all our clients, it is mutually exclusive from our sales rep staff position. Upon requesting for withdrawal, you will be given the amount in credits. However, we give most clients the option between credits and PayPal, but we do not guarantee it. Credits can be used towards purchasing services from us or paying any invoices, they are measured in USD. All services qualify for affiliate earnings for the exception of dedicated servers. General limitations involve $25 non-credit payout method maximum per withdrawal for clients and $110 for partners in US Dollar.
A seperate page has been created for this term: https://elixirnode.com/privacy-policy
→ 17. Minecraft Hosting
When ordering a Minecraft hosting plan, you will be provided one (1) Minecraft server with the full amount of ram allocated and all the features listed with that plan. If you need multiple Minecraft servers you will need to order multiple plans as each plan is for one (1) Minecraft server and you are NOT able to create more based on your ram availibility, this flexibility is only available for VPS & dedicated servers. The unmetered storage we provide on Minecraft servers requires compliancy with our fair use policy in which your server will contain a soft limit, that limit may be upped by creating a ticket. Unless otherwise stated or purchased, all packages will come with 200% limit on CPU as per fair usage and this can be increased by being charged or for free at the discretion of management and depending upon availibility. All other resources are unlimited and can be increased for free at any time.
→ 18. VPS Hosting
When ordering a VPS hosting plan, you will be provided one (1) Virtual Private Server in which you have access to with root privileges and our VPS panel controls. All VPSes receive the full amount of allocated ram and storage with no limit whatsoever to both of these. However, bandwidth limits may exist in accordance with our fair use policy. All VPSes are Unmanaged and are not afforded any support outside of host related issues/matters, this does not apply to Managed VPSes which have the Managed VPS ordered and active. Managed VPSes are regulated by our fair use policy. Root privileges open up our VPSes to all kinds of potential abuses and malicious activities, we have strict guidelines that include manual approval of certain VPS orders as well as instant termination of VPS services including permanent blacklist of the client account.
→ 19. Dedicated Servers
You are given root access to your machine as a dedicated server client, if you are found of conducting illegal or otherwise abusive activity within the machine it will be shut down. Upon ordering a dedicated server if the exact type of CPU is unavailable we will find one available that is a close equal, we will let you know via the dedicated server installation ticket; this does not apply to custom dedicated server orders.
→ 20. Automatic Subscriptions
Upon checkout, options are layed out clearly via PayPal. You are able to do a one-time purchase in which you will manually pay before each due date or you may choose to subscribe. You are fully responsible and in control of automatic subscriptions made to ElixirNode, if an issue is to occur please cancel the subscription, you can re-subscribe on the next invoice. Attempting to receive a refund with reasons tied to automatic subscriptions are not acceptable, please read term III for more information.
→ 21. Law
The company is registered in Kuwait and therefore abides by its laws. You irrevocably submit to the laws and jurisdiction of the state of Kuwait.
→ 22. Changes
We reserve the right to change our terms of service at any time without any notifications.