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Terms of Service

Last updated on December 8th, 2022

1. Introduction

The Terms of Service ("The agreement") are an agreement between HeavyNode ("HeavyNode", "us", "we" or "our") and you ("Customer", "user", "you", "your"). This Agreement sets forth the general terms and conditions of your use of the products and/or services made available by HeavyNode and of the heavynode.com website. By using our products and/or services, you agree to be bound by the Agreement, all applicable laws and regulations. If you do not agree to abide by the terms of the Agreement, you are not authorized to use or access our products and/or services.

We reserve the right to partially or totally modify any policy, section or portion of the Agreement at any time and at our 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 products and/or services following any change in the Agreement will signify that you accept such changes. If you do not agree to any changes in the Agreement, please discontinue use of our products and/or services.

By accepting the Agreement, you are also agreeing to our Privacy Policy.

2. Your Account

1. We reserve the full right to terminate your account at any time, with or without advance notice. Your account and its products and/or services will be terminated if you are found in violation of the Agreement.

2. You must be thirteen (13) years of age or older in order to be eligible for the use or access to our products and/or services. Any registration, use of or access to our products and services, by anyone under thirteen (13) is unauthorized unless with the permission of a parent or care.

3. It is your responsibility to provide accurate, current, and complete information to us. If we need to contact you, we will use the primary email address associated to your account. It is your responsibility to ensure that the contact information for your account is correct and complete at all times. Providing false information of any kind may result in the termination of your account and its Services. On certain cases you may be required to provide government issued identification and possibly a scan of the the bank statement of the credit card used for verification purposes. Failure to provide the information requested will result in your order being denied and cancelled.

4. You may request your account and its associated data to be deleted. However, we require the account to be inactive for at least 90 days in order to approve such request. Inactivity is defined as not having ordered or renewed any (paid) services, products and/or account credit within the defined time frame.

3. Services, Orders and Payments

1. We reserve the right to shut down, suspend, terminate or deny access to any product and/or service with or without reason, with or without advance notice. We are not responsible for any data loss related to the termination of products and/or services.

2. All services and/or products ordered from us will not be activated until payment has been received and verified to not be fraudulent. In most cases, payment verification is automatic but may require manual review in rare circumstances.

3. When ordering a product and/or service from us, you are only receiving a license and/or renting the product and/or service. All services and/or products remain the property of us.

4. All services and/or products are still subjected to software limitations and physical hardware limits.

5. We reserve the right to deny and/or cancel any order with or without reason.

6. Invoices for products and/or services will be generated seven (7) days before the product and/or service due date. The client is expected to pay the invoice in full before the expected due date. Products and/or Services will be suspended two (2) days after the due date if the invoice remains unpaid, and terminated no later than seven (7) days after the invoice due date if the invoice remains unpaid. We reserve the right to terminate services and/or products and remove data associated with any service and/or product which has an overdue invoice at any time.

7. Dedicated Servers will be suspended one (1) day after the due date if the invoice remains unpaid, and terminated no later than three (3) days after the invoice due date if the invoice remains unpaid.

8. If you have registered a payment method (Credit/Debit Card or PayPal Billing Agreement) with us, our system will automatically attempt to charge any outstanding invoices five (5) days (or seven (7) days for dedicated servers) before their due date unless there is an outstanding cancellation request at the time of the charge attempt. If we fail to charge the provided payment method, we will re-attempt every twenty-four (24) hours until it has been seven (7) days after the due date. You may request us to disable this feature from your account at any time by submitting a support ticket to our billing department.

9. All billing related functions and processes are operated in the UTC+0 timezone unless otherwise stated explicitly by us. This includes but is not limited to: invoicing, service due dates (billing cycles), suspensions, cancellations and terminations.

4. Refunds

1. We offer a 24-hour money back guarantee for new customers on our Shared Web Hosting Services, Minecraft Hosting Services and VPS Hosting Services. In order to request a refund through this policy, the customer must open a ticket within our client area requesting this prior to the 24 hours of the product and/or service initial activation date. Refunds for existing customers are issued at the sole discretion of HeavyNode.

2. Dedicated Servers, Custom VPS Server Plans, Software Licenses and Managed or Semi-managed Support Services are not eligible for refunds after being activated and/or provided to the customer.

3. No refunds will be provided if your account and its products and/or services are terminated due to a chargeback, dispute or claim.

4. No refunds will be provided for the remainder of the billing cycle if you decide to issue a cancellation request for a product and/or service.

5. No refunds will be provided if your account and its products and/or services are terminated due to a violation of the Agreement.

6. Refunds issued for billing errors are made on a per case basis and at our sole discretion.

7. We reserve the right to deduct any payment processor fees from the amount refunded, as in some cases the payment processor will not remove these fees from us even after cancelling and refunding the original payment.

8. Account credit is non-refundable.

5. Chargebacks

1. Any chargeback, dispute, or claim filed against us will result in an immediate and permanent termination of all products and/or services associated to the customer's account and the account itself despite of the outcome of the chargeback, dispute or claim. Unpaid chargeback fees may be outsourced to a collection agency.

6. Cancellations

1. In order to cancel any service and/or product you must issue a cancellation request within our billing area. Additionally, you must manually cancel any active PayPal subscriptions that were created when ordering your service and/or product. We do not have access to deduct funds from your PayPal account, and will not be held responsible for automated payments made via PayPal subscriptions.

2. For Dedicated Servers, we require a ten (10) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted within our billing area. If the notice of cancellation is not provided within ten (10) days, the server will still be cancelled, however, a termination fee of $50 USD will be applied to the account. Failure to pay the mentioned fee within a period of fifteen (15) days will result in a permanent account suspension along with any active services on it, and the submission of the account to a Collection Agency.

3. Service End of Billing Cycle cancellation requests are processed on the due date of the service at 00:00 AM, once its last billing cycle has ended. Service Immediate cancellation requests are processed at our discretion but are usually completed in the following 24 hours after being submitted.

7. Data Loss and Backups

1. We may incorporate multiple features such as RAID proactive disk monitoring and backups to mitigate the risk of data loss on our products and/or services. However, you are ultimately responsible for your data stored on our products and/or services. We shall not be held responsible for any data loss, regardless of the cause.

2. Manual or automatic backups may be made available to the customer on certain services as part of their service plan or as an additional service. However, while we do incorporate multiple features to ensure reliability on our backup system, the availability of these backups is not guaranteed nor is covered by our SLA policy.

3. Backup restorals are provided free of charge for active services. When available, backup restorals for services that are no longer active (ie. suspended, cancelled or terminated) will incur a flat one-time fee of $5.00 USD per backup restoral request.

8. Our Site

1. We reserve the right to modify any of the information on the site at any time, with or without advance notice.

2. We are not responsible if any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

9. Modifications to the products and/or services

1. We reserve the right to update the pricing and/or specifications of any product and/or service at any given time, with or without advance notice.

2. We reserve the right to discontinue any product and/or service at any given time, with or without advance notice.

3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product and/or service.

10. Legal Obligations

1. Under no circumstances we claim responsibility and/or liability for what you choose to host on your products and/or services.

11. Liability

1. Under no circumstances shall we be held liable for any damages, including but not limited to downtime or data loss, incurred by the client through the use of our products and/or services. Our maximum combined liability to a client for any service shall be 100% of the product and/or service fee for that specific month.

12. Denial of Service Attacks

1. We may incorporate multiple protection methods against Denial of Service Attacks. However, we are not liable for any downtime caused by a DDoS (Distributed Denial of Service) or DoS (Denial of Service) attack. If a DDoS or DoS attack is targeted at a specific customer's product and/or service for an extended period of time and affects other customer's products and/or services we may suspend it until further notice or resolution.

13. Support

1. Any support request must be submitted through your client area via tickets. We are not required to provide technical support via live chat, social media, or other unofficial contact methods.

14. Minecraft Hosting Services

1. The MySQL databases provided in our Minecraft Hosting Services may not be hosted on systems with RAID or backup features. The customer is ultimately responsible for the data stored on these databases.

15. Acceptable Use Policy

1. Any attempt to undermine, cause harm, or obtain unauthorized access to a server that is on our network is strictly prohibited. As our customer, you are responsible of all of your accounts and actions.

2. We reserve the right to reboot, shut down, suspend, or terminate any service found in violation of our Acceptable Use Policy.

3. We believe in second opportunities. If a procedure in case of violation is not specified on the violated policy, our standard procedure is to first shut down and/or suspend your service. Then, a ticket will be opened through our client area detailing the offense and the necessary steps to resolve the situation. Once the customer replies to the ticket acknowledging that they understand the issue and how to correct the problem, the service will be reactivated and the customer will have 24 hours to prevent any further abuse. If further violations occur, we will terminate the customer's service without a right to receive a refund.

4. Our products and/or services must only be used for its intended purpose. Any data that constitutes as illegal material is strictly prohibited in our servers. Examples of illegal and obscene materials may include but are not limited to: child pornography, pirated software, fraudulent websites or threats.

5. The terms 'unlimited' or 'unmetered' does not truly define unlimited. Our servers reserve, split and distribute resources evenly among all clients. We reserve the right to shut down, suspend, or terminate a server found to be using an excessive amount of resources including but not limited to: storage space, disk I/O, memory, or CPU usage.

6. The following general policies apply to all of our servers, including but not limited to: Shared Web Hosting Services, Minecraft Hosting Services, VPS Servers and Dedicated Servers:

  1. Unsolicited bulk email, commercial messages ("spam"), or mass messages are strictly prohibited.
  2. We do not support direct mail sending, port 25 outbound is blocked on all services to prevent spam. The usage of external mailing services is allowed as an alternative to this.
  3. Disrupting the services or performance of any other customer or network is strictly prohibited.
  4. Sending DoS/DDoS attacks is strictly prohibited.
  5. Network booters, stressors, or other websites that promote illegal or questionable activities are strictly prohibited.
  6. Spoofing IP addresses is strictly prohibited.
  7. Botnets are strictly prohibited.
  8. IP/port scanning is strictly prohibited.
  9. Open proxies, TOR relays, and TOR exit nodes are strictly prohibited.
  10. Violations of copyrights or trademarks is strictly prohibited.

7. In addition to our general policies, the following policies are specific and apply to our Shared Web Hosting Services:

  1. Daemon processes or background processes are strictly prohibited.
  2. Storing backups of any kind is strictly prohibited.
  3. Download sites that use our web hosting services to store their downloadable content are strictly prohibited.
  4. Using pirated or nulled software is strictly prohibited.

8. In addition to our general policies, the following policies are specific and apply to our VPS Servers:

  1. Cryptocurrency mining, distributed computing, or other CPU-intensive tasks are strictly prohibited.

9. In addition to our general policies, the following policies are specific and apply to our Minecraft Hosting Services:

  1. We reserve the right to immediately terminate your service without right to refund if you are found to be trying to, or bypassing the assigned RAM limit of your purchased package.
  2. Plugins that allow the customer to have multiple servers on the same purchased package, including but not limited to: SubServers on Spigot/Bukkit are strictly prohibited.
  3. Plugins that allow the customer to create and store backups on the same server directory are strictly prohibited.
  4. While we do not actively restrict (hard limit) the CPU usage on plans with shared CPU allocations, your usage must be reasonable and should not place an excessive amount of load on the host node and its available resources. Disruptive load may result in a temporary hard limit being placed in order to prevent it from affecting other customers in the same host node. Although much less frequently the case, we also reserve the right to restart (power cycle) any services due to the same reason.
  5. For Extreme Minecraft Hosting plans: The Acceptable Use Policy in regards to CPU is not applicable, the customer may use the amount of CPU allocated to their server in full at any time, whether temporarily or continuously, without restrictions or limitations.
  6. The unmetered storage feature shall only be used to store files that are completely required for the server functioning, including but not limited to: Worlds, JAR Files, Plugins and databases. Logs or backups may be deleted without advance notice if they use a considerable amount of space and affect the other customers in the node.
  7. The unmetered MySQL databases feature shall only be used to store data that is completely required for the server functioning, including but not limited to: Data from plugins and/or additional software that runs on the same server.
  8. When ordering a new Minecraft Server, a disk usage limit of 25600MB (25GB) will be placed to prevent abuse, this limit can be raised for free at any time by opening a support ticket.
  9. When ordering a new Minecraft Server, a limit of 10 MySQL databases will be placed to prevent abuse, this limit can be raised for free at any time by opening a support ticket with valid justification.

16. Service Level Agreement

1. We anticipate that our services will be available at least 99.99% of any given month. In the event that services become unavailable for more than 0.01% of any given month, a client may request to be compensated.

2. Our SLA only covers interruptions for the following services, and only when they are directly purchased from us and not through a reseller.

  1. Web Hosting Services.
  2. Minecraft Hosting Services.
  3. VPS Servers.
  4. Dedicated Servers.

2. Our SLA only applies to the following types of interruptions:

  1. Network - We guarantee that our network will be available to all applicable services at least 99.99% of any given month.
  2. Hardware - We guarantee that our physical hardware will be available to all applicable services at least 99.99% of any given month.

3. Our SLA does not apply under the following circumstances:

  1. Planned Maintenance - We announce all planned maintenance with advance notice via email and/or on our website, thus this is not covered.
  2. Software error/failures - We do not cover errors, crashes or any service interruptions caused by software.
  3. Interruptions caused by the client - We do not cover issues caused by the client such as interruptions caused by installing third-party files/plugins and software or custom scripts.
  4. Third party products and/or services - We do not cover issues and/or interruptions on any third-party provided service.
  5. DDoS / DoS Attacks - Networking issues resulting from DDoS or DoS attacks targeted at a customers's services are not eligible under any circumstances. We may null route the service's IP address to protect its network from attacks of large magnitude. Downtime resulting from attacks targeting other customers's services or our network, however, are covered by our SLA.
  6. Customer network issues - We do not cover the inability to connect to our services due to issues on the customer's network side.
  7. Exceeding allocated resources - Interruptions caused due to the affected service using more resources than the assigned and available are not covered.
  8. Service suspension - We do not cover interruptions caused by service suspensions caused by violations to our terms of service and/or overdue payments.
  9. Acts of God - We do not cover interruptions caused by weather, natural disasters, or any other disaster outside of our control.

4. In the event of non-compliance, the client will be compensated as per the terms below:

  1. For every minute of downtime, we will provide an extension to the affected service rounded up to the next day.
  2. Customers requesting compensation for downtime must open a ticket with our billing department within seven (7) days of the downtime incident to receive such extension.
  3. All SLA claims will be investigated. The outcome of such claims will be decided at our sole discretion.
  4. Any SLA claims we deem to be fraudulent will be rejected.
  5. We reserve the right to deny any SLA claim if we believe the customer has purposely attempted to cause a service disruption.
  6. Our SLA is only valid and available for direct clients of our company. We are not liable for any downtime caused by a reseller of our services.

17. Third Party Licenses and Agreements

1. When you order a product and/or service from us, you automatically accept the licenses and agreements of the softwares we use to provide you these services. These licenses and agreements, depending of the products and services you order, include but are not limited to: WHCMS End User License Agreement, Minecraft End User License Agreement, Multicraft End User License Agreement.

2. Below we provide a best effort list of all the licenses and agreements you will accept when ordering our products and/or services, however, this list may not be up to date or complete at all times. It is your responsibility as the customer and end user to consult all of the license agreements before placing an order. If you are unsure or would like to get the latest and up to date list of the software we use to provide each service, feel free to contact us.

3. WHMCS End User License Agreement

  1. By using any of our services, including but not limited to Shared Web Hosting Services, Minecraft Hosting Services, VPS Servers and Dedicated Servers, you agree to the WHMCS End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by WHMCS Limited.
    WHMCS EULA: https://www.whmcs.com/eula/

4. Minecraft End User License Agreement

  1. By using any of our Minecraft-related services, including but not limited to Minecraft Servers, 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.
    Minecraft EULA: https://account.mojang.com/documents/minecraft_eula

5. Multicraft End User License Agreement

  1. By using any of our Minecraft-related services that are managed through the Multicraft Control Panel, including but not limited to Minecraft Servers, you agree to the Multicraft End User License Agreement and any related or additional agreements, terms, or conditions specified therein, as provided by xhost.ch GmbH.
    Multicraft EULA: https://www.multicraft.org/eula.txt

17. Digital Content

1. The following policies apply for any purchases that include digital content, downloadable or not by the customer:

  1. The customer will not receive the ownership of any purchased digital content. Only a license will be granted for the usage of such content.
  2. The granted license for the usage of such digital content may or may not have a set validity period and/or a set expiration date.
  3. Updates and/or support for any digital content will be only provided as long as the granted license is still valid and not expired.
  4. Distributing, redistributing and/or re-selling any purchased digital content in any way is strictly prohibited and may lead to the revocation of the granted license, account termination and/or legal action.
  5. The misuse and/or unauthorized modification of any purchased digital content are strictly prohibited and may lead to the revocation of the granted license, account termination and/or legal action.

This document was last updated on 08/12/2022. (dd-mm-yyyy)