Terms of Service

Updated March 19, 2018

Terminology:

  • "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
  • "The Company", “Ourselves”, “We” and "Us", refers to our Company.
  • "Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

By subscribing to our website or services you (the client) are in agreement with our Terms of Service (BeastNode). BeastNode reserves the right to cancel, suspend or terminate any service with or without a refund, notice or warning for any reason. BeastNode also reserves the right to change and modify the Terms of Service at any time with or without client notification. It is up to the client to periodically check, ensure they are up to date familiar with the new Terms of Service. If any client does not agree with the new Terms of Service modifications, their service will be terminated.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing American Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.


Service Payment, Refunds and Cancellation Guidelines

All payment invoices are generated 10 days before payment is due along with a 10 day grace period after the due date to request either an extension or make payment on the service. After 4 days of nonpayment from the due date, the service will be suspended with or without any notification. Late payments are subject to a 10% late fee. After 10 days of non-payment from the due date, the service will be terminated and BeastNode will not be held responsible for any data loss due to termination. It is client responsibility to keep up with payment and have knowledge of payment due dates.

BeastNode reserves the rights to deny or provide refunds for their services with or without reason, regardless of the "Service Payment, Refunds and Cancellation Guidelines" if the user does not follow the Acceptable Use Policy. All Minecraft servers are guaranteed a 5 DAY refund period from invoice payment. All Virtual Private Servers (VPS) are guaranteed a 3 DAY refund. Dedicated servers are NOT guaranteed a refund. All cancellations must be given 5 days before the next billing due date.

The 5 day money back guarantee (refund) will only apply for New Users/Accounts. Existing users with more than one subscription are eligible for pro-rated refunds. Chargebacks will also be counted as a refund.

Domain names are not eligible for a refund under any circumstance due to the registration fees being non-refundable at the registrar side.

Automatic Billing: Credit card payments will have automatic payment processing enabled by default for client convenience. Instructions on how to stop these automatic payments are found on the credit card entry box in clear view before any payment information is entered. Therefore, BeastNode is not liable for any automatic charges if client does not read specified instructions on how to stop payments. Refunds for failure to cancel automatic payments can be issued as long as client contacts BeastNode promptly (within 5 days of payment processing) through the correct support or billing channels after receiving payment confirmation emails, which are issued immediately after payment is automatically processed. For clarity, instructions on stopping automatic billing can be read here: https://www.beastnode.com/portal/knowledgebase/123/Automatic-Billing.html

Chargebacks will result in service suspension and termination. In order to reactivate suspended service, re-payment of the reversed charges will be required in addition to payment of the chargeback fees incurred at a value of $20.

Free Services & Addons

Mumble: All accounts are subject to a -free- Mumble voice server at no cost to the user alongside a Minecraft server purchase. These free services and addons will remain for the life of the account as long there is an active Minecraft server listed. However, BeastNode does reserves the right to cancel or remove the free services and addons if the user is caught abusing these services in any way, shape or form.

BuyCraft & Enjin & Minecraft Market: All new and existing users are eligible to receive - one free- BuyCraft Premium voucher for 1-month for the user account, one Enjin 45-day Advanced account per BeastNode user account and a 60-day premium trial of Minecraft Market. Unfortunately, as agreed upon with BuyCraft, the duration can only be 1-month and no longer. In addition, only -one- copy may be supplied per account. These services are trials and require a new account to take advantage of this offer.

Server File Backups

BeastNode will create a backup of all client services every night at 12:00AM (Server Time) in case of catastrophic server failure. Even though BeastNode does keep backups of all server files - client file/ database backups are not guaranteed. Client is responsible for their own data management. By subscribing to our website you agree to take appropriate backups and agree BeastNode cannot be held responsible for any data loss for the following: equipment failure, natural disaster, acts of God, or human error.

Indemnity

You agree to fully defend, indemnify and hold harmless BeastNode of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of BeastNode in any way related to your use of the BeastNode service or any portion thereof.

Force Majeure

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, natural disasters, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

Client Server Sharing / File Responsibility

BeastNode services serves an environment with the sole purpose of providing hosting services and will not be held responsible for client sharing his or her account (with admins/sub-users) or files are stored on said account. In the event where shared accounts with other users (admins/sub-users) become malicious to the client (due to conflicting interest, etc.), BeastNode is not responsible for this action. Furthermore, all files stored on the client’s server (except for the files that come standard) is also his or her responsibility and holds no merit with BeastNode. Any files which are copyright and used or uploaded by client is also client responsibility.

Minecraft Server Unlimited Disk Space

Disk space starts with a limit of 10GB. Additional disk space can be requested via a support ticket up to a maximum value based on fair use. Fair use consists of consideration with hardware limits, average use rates, and performance indicators. If a specific node does not have enough space to support your request, a node change may be required, which will change your server's IP.

Acceptable Use Policy

The Client agrees to not to attempt to modify the products or services as purchased from the original specifications. The client also agrees to not attempt to access any data or services outside of the client's given user directory. Client agrees to monitor and try to not exceed the default 5GB of disk space (can upgrade if needed). Doing so may prevent additional data being written to their server, therefore preventing the ability for game data to be saved. BeastNode will not be responsible for such data loss. Spamming of the ticket system will not be tolerated and may result in service termination. Allow up to 24 hours for responses.

Forbidden Activities

By using ANY service hosted by BeastNode you (client) agree to the following:

  • Not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • Not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • Not to make, attempt or allow any unauthorized access to BeastNode website, servers, your own hosting account or the account of any other customers of BeastNode.
  • Not to allow any remote code execution of malicious software through the hosting account provided by BeastNode.
  • Not to cause denial of service attacks, distributed denial of service attacks, port scans or other endangering and invasive procedures against Beastnode servers and facilities or the servers and facilities of ANY other network hosts or Internet users.
  • Not to use BeastNode services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with pornography; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • Not to upload unacceptable material which include: Bit-Coin Mining, IRC bots, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, file sharing, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • Not to “stalk” or otherwise harass another person.

Zero Tolerance Policy for Unsolicited E-mail/Black Listing

BeastNode maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“Spam”). In the event that Customer uses the Services in a manner prohibited by this ToS, or in the event any BeastNode-issued IP address is Black Listed (as discussed below), BeastNode may terminate the MSA and seek remedies as set forth in this ToS.

“Black Listing” occurs when a Third Party service (e.g. Spamhaus) determines, in its discretion, that a BeastNode-issued IP address is a frequent source of unsolicited e-mail. Black Listing result in the IP address (or multiple IP addresses in the same IP range) being rendered unable to send e-mail to certain Third Parties. If an IP address assigned or used by Customer or any Customer End User is found to be Black Listed, BeastNode may suspend or terminate the Services immediately, and without obligation to refund, without prior notice.

In addition to the remedies set forth above, Customer agrees to pay a fee of $250 for each instance in which an IP address or a block of IP addresses assigned to Customer or its Customer End User becomes the subject of Black Listing.

Service Level Agreement (SLA)

BeastNode strongly emphasizes on the quality and reliability of all services provided. We understand first hand how vital it is for an online and/or web service to maintain at least a 99.9% uptime; which is why we provide a comprehensive Service Level Agreement (SLA) with all our provided products and services. Our SLA applies to our all of our services: web-hosting, voice servers, Minecraft servers, Virtual Private Servers (VPS), Dedicated Servers.

SLA Coverage

Network - All online services will have a minimum 99.9% uptime from physical networks. If at any time, the physical is unable to perform and supply a connection as advertised, the user(s) will be covered under our SLA.
Hardware - All of physical machines will be able to supply the service with a minimum of 99.9% uptime. If at any time, the physical machine is unable to perform as advertised, the user(s) will be covered under our SLA.

SLA Coverage Limitations

Scheduled Maintenance - All announced maintenance will be e-mailed and posted on social media networks; but will not be covered under SLA. Scheduled and announcements cannot be enforced under the SLA because it is considered "expected" downtime.
Denial of Service Attack (DoS/DDoS) - If the BeastNode network is under attack, the users affected will be covered under the SLA. However, if individual users are targeted by DoS/DDoS attacks, this will not be covered under the SLA. However, if the user cannot access their server for a minimum of 24-hours, this will be covered by the SLA and anything less than 24-hours will not be covered.

SLA Credit Redemption

As the performance of services is a primary concern, we do offer a "Double Beast Return" on credit time. The SLA credit is done by time-based calculations of hours of service not operated due to downtime. For example, if the service is costing $100 USD monthly and were to reach one hour of downtime, the credit returned would be calculated as: (1 hour) / (24 hours * 30 days) * (100 USD) - which is equal to $0.39 USD of credit returned to your account. However, with our "Double Beast" the downtime credit is doubled to $0.78 automatically. Users will need to contact us within 48 hours of the downtime to receive credit.

If the user is under a Dos/DDoS attack and the service has not been accessible for 24 hours due to null-route, the user will receive 1 days of credit in return.

Support Level Agreement (SLA)

Minecraft Servers: All Minecraft servers provided by BeastNode will fall under our Support SLA. All support requests must be made by the account-owner or associated representative on the bill payers behalf Requests made by non-account owners will be considered void and not covered by the Support SLA. BeastNode agrees to cover all aspects of support related to all services hosted. However, BeastNode reserves the right to deny support requests as stated on Sub-Text 1A.

Dedicated Server/VPS: All Dedicated or Virtual Private Servers (VPS) will fall under our Limited Support Level Agreement (SLA). All BeastNode Dedicated or Virtual Private servers are limited to the following support requests: Server unresponsiveness, network outage, hardware outage. Support for software, OS or other applications run on all BeastNode Dedicated and Virtual Private servers will not be covered, it is up to the client/user to have relevant experience to utilize the services. All support requests must be made by the account-owner or associated representative on the bill payers behalf. Requests made by non-account owners will be considered void and not covered by the Support SLA. BeastNode reserves the right to deny support requests as stated on Sub-Text 1B.

Sub-Text 1A: BeastNode reserves the right to deny support for the following, any reason stated under the Forbidden Activities, Third Party Plugins/Modifications/Applications (It is up to the discretion of the BeastNode staff if support will be provided for Third Party Plugins/Modifications/Applications), services which are not hosted by BeastNode.

Sub-Text 1B: BeastNode reserves the right to deny support for the following, any reason stated under the Forbidden Activities, services which are not hosted by BeastNode.