Terms of Service
→ I. 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.
→ II. 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.
→ III. Refund/Chargeback
A chargeback or dispute of any payments will result in an immediate suspension of services of all accounts associated. This is forbidden and our policy does not promise nor permit any refunds in any case or any way. All payments are final and NON-REFUNDABLE. ElixirNode reserves the right to take any further actions necessary to fight fraud and disallow its growth. If a chargeback is ruled in the favor of the customer and we believe that it was fraudulent, you will be referred to a credit collections agency as well as be blacklisted.
→ IV. 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.
→ V. 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.
→ VI. 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.
→ VII. Set-up time
All services marked with instant setup should be 99% of the time instantly set up. However if you find yourself in the 1% category that means we have delayed it due to fraudulent or otherwise back-end reasons. We reserve all rights to doing so in order to keep us and you safe. Services not marked with instant setup such as dedicated servers will have the setup time stated clearly.
→ VIII. 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.
→ IX. Data Loss
We are not responsible for any data loss, back-ups are fully the responsibility of our clients. Please be up to date via our discord for future updates as we plan to implement automatic backups for all hostings. The meaning of data in this term is limited to files that are uploaded and submitted directly into our services.
→ X. 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, other storage consuming files such as dynmap will disable your ability of getting your soft limit upped. Additionally, with our new web hosting plans there is a limit system called inodes, if you are close to your inode limit we may terminate your web hosting service with or without notice on grounds of abuse of this policy.
→ XI. 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.
→ XII. 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.
→ XIII. Account Registration
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.
→ XIV. 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.
→ XV. 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.
A seperate page has been created for this term: https://elixirnode.com/privacy-policy
→ XVII. Minecraft Servers
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.
→ XVIII. 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.
→ XIX. 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.
→ XX. 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.
→ XXI. Changes
We reserve the right to change our terms of service at any time without notifying our clients. We will however provide an email of any changes.