Terms of Services

Your use of ExileServers` products, services and web site is subject to the terms of this legal agreement. "ExileServers," "we," and "our" mean ExileServers` servers and related products. "Products," "services" and "web site" are referred to collectively in this document as "services." By using ExileServers` services you consent to be bound by this agreement. Minors are permitted to use our services on the basis a legal guardian consents to the use, and agrees to the terms on behalf of the minor in their legal watch. ExileServers` owns all applications and all files stored on the servers, all files are confidential and are not allowed to be used by other companies or clients.

ExileServers reserves the right to revise or amend any portion of this agreement at any time and at its sole discretion and without advance notice to you. Any changes will be effective when they are posted to the site. Your continued use of our services following any change in terms of service will signify that you accept such changes. If you do not agree to any changes in the Terms of Service Agreement, please discontinue use of our services. Violation of the Terms of Service is grounds for cancellation of service without refund and possible civil or criminal prosecution.

Shortened Policy Guide: ToS and Acceptable Use

You are responsible for the security of your account, and for the backup of all server files.
Refunds are only available for the first 7 days after purchase, read more below.
Cancellation is available any time, no refunds are offered in any form with cancellation.
You are responsible for knowing the limitations of your services and using them accordingly.
You are not allowed to break the law in any way when using our services, ie: sending spam, DDoS attacks, brute force attacks.
We reserve the right to terminate any client for any reason at any time, with our sole discretion, with or without refund.

Extended policies - Terms of Service

Extent

The provisions of the Terms of Service Agreement are in no way exhaustive. Any conduct that violates laws, regulations, or the norms of internet use is prohibited. ExileServers reserves the right to limit or prohibit any of your activities that damage the reputation of ExileServers as it pertains to your use of our services.

Cancellation

Clients are responsible for cancelling all services before the next due date, cancellation must be processed through the billing panel.
Clients who do not pay are considered cancelled after 14 days of a "suspended" status, and the corresponding services are terminated (deleted).
Clients are responsible for cancellation of any automatic payments or subscriptions to ExileServers before the next payment date.
Cancellations are not inclusive of a refund as they are not a removal of services, they are a request to stop future services at the end of the payment period. See "refunds" for full information.
ExileServers' reserves the right to cancel any clients service(s) for a violation of these terms, and for any reason at any time.

Refunds

Refunds are available within the first 7 24-hour days after the initial setup of the service, not the initial payment.
Refunds cannot be requested without probable cause, and are offer at the sole discretion of ExileServers' staff.
Refunds are available only for the first billing term, thereafter only cancellation requests will be accepted.

Termination

Clients services are subject to a 14-day grace period on payments, thereafter all overdue services are terminated (deleted).
ExileServers' reserves the right to terminate any client's services without notice for violation of these terms, or at the discretion of the staff team.
Clients are not notified when a service on their account is terminated for overdue payment, at this time their account is considered cancelled.

Limitations of Liability

You expressly acknowledge and agree that to the fullest extent permitted by applicable law ExileServers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ExileServers has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Nothing in these TOS shall affect the statutory rights of any consumer, exclude or restrict ExileServers' liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of ExileServers.

Disclaimer

You expressly acknowledge and agree that to the fullest extent permitted by applicable law ExileServers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ExileServers has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Nothing in these TOS shall affect the statutory rights of any consumer, exclude or restrict ExileServers' liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of ExileServers.

Proprietary Rights

You agree that you have no right to use any of ExileServers' logos, trademarks, or domain names, except condoning any of the services offered by ExileServers with explicit permission.

Indemnity

You agree to defend, hold harmless, and indemnify ExileServers from any and all liability, claim, loss, judgment, damage, cost or expense (including, without limitation, reasonable legal fees) arising out of your breach or violation of any covenant contained in this policy, or resulting from your use of the Services.

Extended policies - Acceptable Use

Security

Clients are responsible for the security of their accounts, while ExileServers does take all security precautions available clients still need to be cognizant of security practices.
All services with access to a higher-level system (VPS, Dedicated, Cloud) must be secured by the client, ExileServers is not responsible for compromised services including SSH/FTP.
ExileServers is not responsible for the retention of data or services that are terminated or compromised.
Clients agree to refrain from attempting to access any other clients services or data without permission.
Clients agree not to perform any network-based attack on any network, host, or server, including but not limited to "denial of service" attacks or attempting to crash the server. These attempts are illegal under federal law, any person whom attempts to execute these attacks will be prosecuted to the full extent of the international laws.
Clients agree not to reproduce, sell, or trade ExileServers' services unless legally permitted to do so.
Clients agree that you are responsible for the security of your account and that you will keep your passwords confidential.
Clients agree not to circumvent ExileServers' security features for any reason, particularly in order to access the system without incurring charges.
Clients agree not to engage in activities that interrupt or interfere with ExileServers' services.
Clients agree that you are responsible for all activities that occur under your account.

Limitations

Clients should be understanding of the limitations of their particular services, shared hosting in particular has a specific performance and functionality range.
Shared MC: "Unlimited" SSD space is not a literal term, but is unmetered. Due to technological limitations servers have a finite amount of SSD space available.
Clients using more space than deemed acceptable by ExileServers staff are subject to termination without refund.
Clients are only allowed to use their shared hosting space for Minecraft-related files exclusively.
ExileServers reserves the right to remove specific files if a node becomes too full to alleviate the problem, including but not limited to: backups, plugins, whole worlds/servers, and other files.

Backups

Shared MC: Full-node backups are taken daily to prevent a hardware-related failure from resulting in a loss of data. ExileServers cannot restore individual servers from this data.
Clients are responsible for their own server, world, plugin, and file backups in a proactive manner to prevent data loss.
Cloud MC: Backups are not taken of this service, as of Nov 2014 ExileServers plans to add this feature in the future.
Clients are responsible for any backups on and offsite to prevent data loss.
Additional services: Clients should operate under the assumption that ExileServers does not have restorable backups for the service.
Shared MC: CPU Usage is monitored on all nodes, and a single client's services cannot be excessive as to cause problems for other clients of ExileServers.
ExileServers reserves the right to terminate any client that does not align with CPU usage limits, without warning or notification.
Clients are to be aware of their services usage and alter their usage patterns to align with ExileServers hardware and systems.
Infrastructure: ExileServers' network and infrastructure has limitations on bandwidth, latency, usage, and uptime.
Clients are responsible for uptime of services outside our control, such as fixing errors on their MC server.
Clients cannot use excessive bandwidth based on their services.
Clients who receive excessive DDoS attacks or other network-based attacks will be subject to termination.
ExileServers offers DDoS protection to all clients on our network. It is finite in ability and it not to be use as a comprehensive solution for clients who receive large or constant attacks.

Spam Policy

ExileServers has a no tolerance spam policy in regards to e-mails, messages, tickets, and "Instant messages" on our network and on associated networks. Our services are not permitted to serve as a platform for the transmission of messages to 3rd party vendors, public entities, and other clients. A breach of this term can result in termination of client services at the discretion of the ExileServers' team. Additionally the ExileServers team has a no tolerance policy for childish actions within the support channels including vulgar language or refusing to acknowledge the support.