Terms of Service

Please read the following carefully as it is legally binding


Last Updated 12/05/2018

Overview

Your use of Serverminer Limited's products, services and web site is subject to the terms of this legal agreement. “Serverminer Limited,” “we,” and “our” mean Serverminer Limited. “Products,” “services” and “web site” are referred to collectively in this document as “services.” By using Serverminer Limited's services you consent to be bound by this agreement. You may not use our services if you are not of legal age to form a binding contract or if you are barred for any reason from receiving our services under the law.

Serverminer Limited 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.

Definitions

1. “Charges” means the applicable fees payable by you to Serverminer Limited in exchange for our products and services.

2. “Content” means information published on the Serverminer Limited website or transmitted by us as part of the services we provide

3. “Unlimited” means reasonable use, if you exceed this. Your service will be suspended without warning and you will be contacted.

4. “Instant” means automatically setup by our system.

Delivery Policy

Unless specified in the product description, your order will be setup automatically by our system, this may take up to 72 hours if high demand is experienced. Your order will be sent to your account's registered email address.

Contact

If you would prefer to contact ServerMiner concerning the service that is provided, please contact us on: sales@serverminer.com. For urgent issues, our ticket system should be used.

Interpretation

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. Serverminer Limited reserves the right to limit or prohibit any of your activities that damage the reputation of Serverminer Limited as it pertains to your use of our services.

No Tolerance Spam Policy

Serverminer Limited has a no tolerance spam policy in regards to any bulk email transmission for commercial mailing. This includes the transmission of bulk e-mail by a third party to advertise a website or e-mail address hosted on Serverminer Limited's network. Serverminer Limited will not tolerate the use of its network for the posting of messages or commercial advertisements which violate the rules, regulations, FAQ or charter of any newsgroup or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. Violating or overreaching the interpretation of this policy will result in the immediate termination of your Dedicated Server without prior notice, without the possibility of a refund.

Security

1. You agree not to access or attempt to access any of our services by any means other than the Serverminer Limited interface.

2. You agree not to circumvent Serverminer Limited security features for any reason, particularly in order to access the system without incurring charges.

3. You agree not to engage in activities that interrupt or interfere with Serverminer Limited services.

4. You agree not to use Serverminer Limited in a manner that unfairly, as determined by the sole discretion of Serverminer Limited, encumbers any system beyond those provided to you as part of the service you purchased.

5. You 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.

6. You agree not to reproduce, sell, or trade Serverminer Limited services without writen authorisation.

7. You agree that your account is your sole responsibility and that you will accept the consequences of any breach of your obligations under the Terms of Service agreement.

8. You agree that you are responsible for the security of your account and that you will keep your passwords confidential.

9. You agree that you are responsible for all activities that occur under your account.

Payment

1. If you select Subscription at billing, you authorize Serverminer Limited to automatically charge the amount you owe to the credit card or payment system you provided.

2. You agree that charges may be amended sometimes and that any change in prices will be communicated to you by email a reasonable amount of time before such changes take effect.

3. A full refund will be given if Serverminer Limited products are proven to be at fault within 72 hours of purchase.

4. You agree that Serverminer Limited will cancel your account if any of your payments are delinquent immediately with or without prior notice. Your ServerMiner product will be terminated and all your files and content will be deleted. If you do want them retrieved we offer a recovery service which costs a premium and is not guaranteed to be successful.

5. You agree that you will notify Serverminer Limited 24 hours before your automatic renewal date and payment in the event you wish to cancel by submitting a ticket to the Billing Department. You must specify in the ticket that you have an automatic subscription setup. Failure to due so will result in the cancellation occurring after your renewal date and payment and will take effect before your next upcoming payment renewal cycle.

6. Failure to pay an invoice will result in termination of the service. Termination will remove all data which is in your server directory.

7. Should we receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid, plus any fees incurred which are typically $20 per chargeback

Limitations of Liability

You expressly acknowledge and agree that to the fullest extent permitted by applicable law Serverminer Limited 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 Serverminer Limited 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 Serverminer Limited liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of Serverminer Limited.

Sponsorship

1. You understand that we have the right to dismiss giving you credit(s) or server(s) for any reason.

2. You understand we have full right to your uploaded video, if we want the video removed, you must remove the video.

3. You must create your video with the specifications we require.

Disclaimer

1. You expressly acknowledge and agree that:

2. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law Serverminer Limited disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.

3. Serverminer Limited makes no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.

4. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

5. You are fully responsible for all of your own data, we will not be held liable for any actions of data loss on behalf of Serverminer Limited. Any data loss is your own responsibility and we cannot refund/pay/substitute any thing for loss or damage to data.

6. You understand even though we make regular backups every 24 hours of your server, the backups are complimentary and we cannot be held liable for retrieving the data. If any data is to be lost, Serverminer Limited has the right to refuse to retrieve your server files.

7. No advice or information, whether oral or written, obtained by you from Serverminer Limited through or from the service shall create any warranty or other obligation not expressly stated in the TOS.

8. You understand we (Serverminer Limited) can modify or change anything to do with your server for reasons to benefit Serverminer Limited.

9. You understand we (Serverminer Limited) have the right to close your account and any server you may have and not held liable without any refunds given.

10. You understand if you purchase "Plugin Support" we have the right to not help or give advice, you cannot abuse it and we will not accept any refunds at all.

11. You understand that when we are doing maintenace we may need to give admin privileges to our staff members on your server. You also understand that we may need to restart your server periodically.

12. You are not allowed to create your own manual plugins or upload plugins which create backups. This is to prevent clients from exploiting the shared storage space. You are allowed to use our backup system within Multicraft. Please refer to the knowledgebase for a tutorial.

13. We are not responsibile for your data and this addon should not be relied on as means for us to keep your data safe. We highly recommend for you to create and download your own backups.

14. You agree to Minecraft's EULA. See EULA here: https://account.mojang.com/documents/minecraft_eula

15. You are at least 16 years old.

Usage Policy

When using a ServerMiner product, we have a strict usage policy. You musn't use/host any exploits or have any illegal content on ServerMiner. "Exploits" meaning anything which abuses our system on our fair use policy. We also If we find such content your account will be immediately terminated without warning and further action may be taken depending on the severity.

Our fair use policy is the amount of resources you are allowed to use before you are going against our ToS. Going over the fair use policy will lead to your account being terminated. Each product ServerMiner sells which doesn't limit the usage will be limited using this criteria per order: 20 processes, 20% of CPU time. We allow you to use 100% CPU time as burst. The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals.

No Tolerance Spam Policy

ServerMiner has a no tolerance spam policy in regards to any bulk email transmission for commercial mailing. This includes the transmission of bulk e-mail by a third party to advertise a website or e-mail address hosted on ServerMiner’s network. ServerMiner will not tolerate the use of its network for the posting of messages or commercial advertisements which violate the rules, regulations, FAQ or charter of any newsgroup or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. Violating or overreaching the interpretation of this policy will result in the immediate termination of your ServerMiner product without prior notice, without the possibility of a refund.

Cancellation

Serverminer Limited reserves the right to terminate your account at any time. At the discretion of Serverminer Limited solely, any fees paid in advance may be refunded depending on the situation which Serverminer Limited will decide.

Proprietary Rights

You agree that you have no right to use any of Serverminer Limited's logos, trade marks, or domain names.

SMpicnic and ServerMiner are both trademarks belonging to Serverminer Limited.

Indemnity

You agree to defend, hold harmless, and indemnify Serverminer Limited 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.

Company details

Serverminer Limited, company number: 8211312

Registered Office: The Old Bakery, 90 Camden Road, Tunbridge Wells, TN1 2QP

Email address: james@serverminer.com

Phone: 07716636543

VAT Number: GB211205183