The Terms of Service ("The agreement") are an agreement between OptimalNode ("OptimalNode", "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 OptimalNode and of the optimalnode.us 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.
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.
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.
1. We offer a 48-hour money back guarantee for new customers on our TeamSpeak Hosting Services and Minecraft 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 48 hours of the product and/or service initial activation date. Refunds for existing customers are issued at the sole discretion of OptimalNode.
2. Dedicated servers, VPS servers, 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.
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.
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.
1. We may incorporate multiple features such as RAID and proactive disk monitoring 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.
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.
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.
1. Under no circumstances we claim responsibility and/or liability for what you choose to host on your products and/or services.
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.
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.
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.
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.
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: TeamSpeak Hosting Services, Minecraft Hosting Services, VPS Servers and Dedicated Servers:
8. In addition to our general policies, the following policies are specific and apply to our VPS Servers:
9. In addition to our general policies, the following policies are specific and apply to our Minecraft Hosting Services:
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.
2. Our SLA only applies to the following types of interruptions:
3. Our SLA does not apply under the following circumstances:
4. In the event of non-compliance, the client will be customer as per the terms below:
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.
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
4. Minecraft End User License Agreement
1. The following policies apply for any purchases that include digital content, downloadable or not by the customer: