Apex Hosting LLC (“Apex Hosting”) agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”).
Apex Hosting LLC, the company here after referred to as, (“Apex Hosting”), (“Us”), (“We”) and The Client, (“Customer”), (“Client”) and (“You”).
Use of Apex Hosting Service constitutes acceptance and agreement to AUP (“Acceptable Use Policy”) and ToS (“Terms of Service”).
All provisions of this contract are subject to change from time to time at the discretion of Apex Hosting. Subscriber understands that change to the ToS by Apex Hosting shall not be grounds for early contract termination or non-payment.
By accepting the terms you also agree to the End User License Agreement and Privacy Policy of the respective game, and authorize Apex Hosting LLC to accept this agreement on your behalf.
All server plans are eligible for refunds within 7 days of the creation of the server in our database, this point is not marked by the time at which your initial payment is processed and may differ by several hours or days. Refunds cannot be requested without probable cause; one time purchases such as Modpack Creation Starter, Modpack Creation Pro, Plugin Installation or Bungee Setup are non-refundable once they have been used. In addition, downgrading of a server plan will be applied to the client’s account as a credit for the remaining balance of the monthly billing cycle. Any credit applied to the account from downgrading the server plan is also non-refundable. Credit added using the “Add Funds” function is non-refundable and is automatically applied to your invoice each pay period. Any accounts which initiate a chargeback or dispute on a payment will have their services automatically terminated and the account closed.
Cancellations
To terminate your services you must cancel any PayPal subscriptions active and cancel via our WHMCS billing area at https://billing.apexminecrafthosting.com/. A cancellation can be induced at any point in time and executed immediately or at the end of the billing period.
Apex Hosting will attempt to cancel PayPal subscriptions via API requests after receipt of a cancellation request, however, it is the client’s responsibility to ensure any active PayPal subscriptions to Apex Hosting are canceled via their PayPal. Therefore, we cannot and will not be responsible for unintended payments made via the automatic payment subscription service. Click here for more information on how to cancel a PayPal Subscription.
Apex Hosting is not responsible for unintended payments made from using the automatic payment subscription service through Stripe or Paypal.
Cancellation requests are not a refund request. If you are eligible for a refund then a formal refund request ticket must be sent within the 7 day refund period. Any requests made outside of that refund period are not valid or eligible for a refund.
Liability Limitation and Exclusion
Apex Hosting, under no circumstances, shall be held liable for any data loss, disruption of information, or distribution of information including that of unauthorized access to our server systems or any other loss of data. Apex Hosting shall not be held liable for any disruption, delay, or disconnection of services for any period of time.
Support
Any support requests required for products from Apex Hosting shall be submitted through the billing system via tickets or Live Chat. Any other form of contact other than the predetermined ticket system or Live Chat is not guaranteed a proper answer from an official representative. In addition, not all support requests will be able to be performed over the Live Chat service. Support agents will direct you through the proper ticket procedure for these requests.
MySQL Agreement
While we offer instant database creation from our Multicraft panel you need to understand that our databases are provided as a free service. Because of this we do not hold any liability for MySQL data loss or corruption. By using a database provided by Apex Hosting you understand that we reserve the sole right to terminate it if we deem it necessary, additionally, our MySQL service is not to be used for personal use, this is not limited to but includes private websites, and other non-server uses.
Promotions
Apex Hosting cannot guarantee that all promotion codes will work all of the time.
Legal Contact
Apex Hosting retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising whether it is through violation of this policy or any other illegal occurrence requiring the involvement of law-enforcement agencies.
Unlimited Policy
While we offer unlimited bandwidth and space to our customers we reserve the right to request that you delete excessive files such as large logs or anything else we deem excessive. We do not support the use of any custom jar file or files uploaded by the user. Any uploaded files that cause the server to lag or make the server unplayable are not the responsibility of Apex Hosting.
Unfair usage
If we find your server using any sort of system to bypass limits put on your server(s) such as RAM or security your server is subject to being terminated without refund.
Termination
Additionally, we reserve all rights to terminate your server or service upon any violation of these terms or any other basis if deemed needed.
Illegal Use
Apex Hosting services may not be used for illegal purposes, or in support of illegal activities. Apex Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Threats
Use of the Apex Hosting services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment
Use of the Apex Hosting services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another.
Objectionable Content and Usage Policy
Objectionable Content or materials may not be submitted to Apex Hosting’s services such as usernames, sub-domains, server names, etc. Apex Hosting will moderate its services and ultimately decide whether or not to permit to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: sexually explicit materials; obscene, defamatory, libelous, slanderous, violent, racial hatred, LGTBQ+ hatred, and/or unlawful content or profanity; content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or that is deceptive or fraudulent; content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and gambling, including without limitation, any online casino, sportsbooks, bingo or poker.
Forgery or Impersonation
Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Fraudulent Activity
Use of Apex Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters.”
Unauthorized access
Use of the Apex Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Apex Hosting or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Apex Hosting account is subject to immediate termination and further investigation.
Network disruptions and unfriendly activity:
Use of the Apex Hosting service for any activity which affects the ability of other people or systems to use Apex Hosting Services or the Internet. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Apex Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud
Fraud involves a knowing misrepresentation or misleading statement, writing, or activity made with the intent that the person receiving it will act upon it. Fraud is strictly prohibited and offenses will be investigated.
Third-party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Apex Hosting. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Apex Hosting, you do so at your own risk and you agree that Apex Hosting will have no liability arising from your use of or access to any third-party website, service, or content.
Support Abuse Policy Guidelines
The following are our support policy guidelines that all clients must abide by using our services. Any violations of these terms and conditions can result in a temporary or permanent ban from services such as Live Chat, Premium Support, or permanent termination of their account.
Please read this agreement carefully before registering and using the Apex Hosting support services. By signing up for the Apex Hosting, you indicate your acceptance of this agreement and its terms and conditions.
Any form of racist, sexist, or harassing language.
Threats, either personal or professional. That includes threatening to initiate undue chargebacks with their credit card processor, threatening to expose information about the support agent, emotional blackmail, stalking, and constant harassment.
A history of bad behavior with no sign of improvement or change.
Frequent and repeated requests especially when ignoring support’s responses/resolutions.
Fraudulent activity or phishing attempts trying to “trick” agents into giving out information or completing requests they know aren’t permitted.
Any forms of hardware abuse. solicitation or illegal activity being performed using our services.
Affiliate Program Terms
To be an authorized affiliate of apexminecrafthosting.com, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Apex Hosting as an affiliate. By signing up for the Apex Hosting affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the apexminecrafthosting.com Affiliate Program.
1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine in our sole discretion that your site is unsuitable for the Program for any reason, including, but not limited to, if your site is based on coupons and discounts, incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement, or if your site is or promotes a business-opportunity program (collectively, “Content Restrictions”).
2. Utilizing Links on Your Site.
As an affiliate website of Apex Hosting, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Apex Hosting’s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Apex Hosting. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
3. Commissions.
We will pay you a commission based on the below structure:
Commission Rates:
All sign ups – Recurring 15%
4. Commission Payment.
Commissions deemed due and owed to you under the program will be paid to you directly by apexminecrafthosting.com after any holding period and in accordance with a regular payout cycle established by apexminecrafthosting.com. No commission will be paid for signups by you, your household, or anyone within your organization. Apex Hosting reserves the right to only pay for referrals that are active. Active is defined by clients with a website and domain name pointed to a Apex Hosting server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link. An existing customer, defined by any client who has had an existing account with us at anytime in the past, would not be eligible for a commission with the program. Referrals who have signed up using free domain name services will be subject to manual inspection and may be deemed invalid by Apex Hosting. We reserve the right to cancel any of your affiliate coupons, even if you are currently using the coupon. All coupons created internally for Apex Hosting promotion are ineligible for affiliate commission.
PayPal payments will only be reissued within 120 days of the original issue date in the case of incorrect PayPal address or refusal from PayPal to accept payment.
5. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law.
Apex Hosting expressly requires you to disclose that there is a “material connection” between you and Apex Hosting any time you offer an endorsement or testimonial on our services, in accordance with the Federal Trade Commission guidance as outlined here. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
You agree that you will maintain and follow a privacy policy that complies with all applicable laws and regulations regarding the privacy of visitor information, be commercially reasonable, and fully and accurately disclose your collection and use of visitor information.
Please note: You should obtain legal advice on how to fully comply with these responsibilities in your specific situation.
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
– Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of Apex Hosting or state law;
– Provide inaccurate or incomplete information to Apex Hosting concerning your identity, address or other required information;
– Attempt to cheat, defraud or mislead us in any way;
– Misrepresent to the public the terms and conditions of our sites or your sites;
– Engage in popup advertisement network activities;
– IFrames may not be used unless given express permission by Apex Hosting, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid
– Engage in solely promoting coupons or promotions on your website
6. Paid Search Policy.
You are required to comply with the following rules when bidding on keywords on any paid search engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:
You are prohibited from bidding on any Apex Hosting trademarks, or any variations and misspellings thereof. Examples of prohibited keywords are “Apex Hosting,” “Apex Hosting,” “apexminecrafthosting.com,” “www.apexminecrafthosting.com,” “apex minecraft hosting,” “Apex Hosting reviews,” “apex host,” “Apex Hosting hosting,” and “apexhosting.”
All variations and misspellings of Apex Hosting must be negative matched (for example, -Apex Hosting, -apexminecrafthosting.com, -www.apexminecrafthosting.com, etc.) to avoid violating this section.
You are prohibited from outranking Apex Hosting’s internal paid search ad on any keywords.
You may not bid more than two dollars and fifty cents ($2.50) for any Apex Hosting keyword.
You are prohibited from direct linking to apexminecrafthosting.com from any paid search ads.
You are prohibited from using apexminecrafthosting.com as a display URL.
You are permitted to use the keyword “Apex Hosting” in ad copies, as long as it is not the display URL.
All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the program may be terminated. For more information on match types, please visit Google’s overview of match types.
7. Minimum Payment Threshold.
Affiliates must earn a minimum affiliate account balance of $25 or more before their account is eligible for payment. There is a $25 minimum threshold for Commission Fees.
8. Tax Forms and Address Changes.
Taxes/Address Changes: It is Your responsibility to provide Apex Hosting with the tax and payment information required to issue a Commission Fee to You. If Apex Hosting does not receive the necessary tax or payment information within 120 days of a Commission Fee being earned, Apex Hosting will consider that Commission Fee to be forfeited by the Affiliate, and no payment will be issued. Each Affiliate is required to submit a W8/W9 tax form before Apex Hosting will issue any Commission Fees.You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, Apex Hosting will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with proper address, tax forms (including W8/W9 or other tax forms) or information within two (2) days of any request issued by Apex Hosting to issue a Form 1099. Any address changes must be made in the Affiliate profile in the Affiliate Console at least 15 business days prior to the end of the calendar month in order for Commissions for that month to be sent to the revised address.”
9. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
10. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
11. Relationship of Parties.
You and Apex Hosting are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the Apex Hosting and Apex Hosting expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
12. Limitation of Liability.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
13. Disclaimers.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
14. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Apex Hosting with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
15. Confidentiality.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purpose of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Apex Hosting, customer and vendor lists relating to Apex Hosting and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
16. Indemnification.
You hereby agree to indemnify, defend and hold harmless Apex Hosting, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
17. Miscellaneous.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Virginia, without reference to rules governing choice of laws. Apex Hosting reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. Apex Hosting will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple Apex Hosting affiliate accounts spanning multiple affiliate networks are strictly prohibited.
18. Binding Arbitration.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against apexminecrafthosting.com LLC or its subsidiaries in conjunction with this program. An arbitration firm selected by apexminecrafthosting.com LLC will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
