Elemental Nodes - Terms of Service

Welcome to Elemental Nodes! These Terms of Service (the "Agreement") outline the terms and conditions that govern your use of our game server hosting services. By accessing this website and using our Services, we assume you accept these terms and conditions in full. Do not continue to use Elemental Nodes's website or Services if you do not accept all of the terms and conditions stated on this page. Please read these terms carefully before proceeding.

1. Definitions

1.1. "Elemental Nodes," "we," "us," or "our" refers to Elemental Nodes, the Game Server Provider (GSP) offering game server hosting services.
1.2. "Services" refer to the game server hosting services provided by Elemental Nodes, including the software, hardware, network infrastructure, and related components required for hosting game servers.
1.3. "User," "you," or "your" refers to any individual or entity accessing or using our Services.
1.4. "Website" refers to the Elemental Nodes website, currently accessible at https://elementalnodes.net (or any successor URL).
1.5. "Party," "Parties," or "Us," refers to both the Client and ourselves, or either the Client or ourselves. 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 Company's stated services/products, in accordance with and subject to, prevailing law of The United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

2. Account Creation and Usage

2.1. Eligibility: To use our Services, you must be at least 18 years old or have the necessary legal capacity to enter into this Agreement on behalf of an entity. By creating an account, you represent that you meet these requirements.
2.2. Account Responsibility: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Elemental Nodes immediately of any unauthorized use of your account or any other breach of security.

3. Cookies

We employ the use of cookies. By using Elemental Nodes's website you consent to the use of cookies in accordance with Elemental Nodes's privacy policy. Most modern interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

4. License

Unless otherwise stated, Elemental Nodes and/or its licensors own the intellectual property rights for all material on Elemental Nodes. All intellectual property rights are reserved. You may view and/or print pages from https://elementalnodes.net for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from https://elementalnodes.net
Sell, rent or sub-license material from https://elementalnodes.net
Reproduce, duplicate or copy material from https://elementalnodes.net
Redistribute content from Elemental Nodes (unless content is specifically made for redistribution).

5. Hyperlinking our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
Dot.com community sites;
Associations or other groups representing charities, including charity giving sites;
Online directory distributors;
Internet portals;
Accounting, law and consulting firms whose primary clients are businesses; and
Educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Elemental Nodes; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an email to support@elementalnodes.net. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Elemental Nodes's logo or other artwork will be allowed for linking absent a trademark license agreement.

6. Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.

7. Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

8. Removal of links from our website

If you find any link on our Website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

9. Content Liability

We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

10. Prohibited Activities and Abuse Policy

You agree not to use the Services for any unlawful, abusive, or unauthorized purpose, including but not limited to:

10.1. Illegal Activities: Engaging in any activity that violates any applicable local, state, national, or international law or regulation. This includes, but is not limited to, hosting illegal content, engaging in fraud, or distributing malware.
10.2. Abuse of Services:
- Resource Abuse: Excessive use of system resources (CPU, RAM, disk I/O, network bandwidth) that negatively impacts the performance or availability of our infrastructure or other users' services.
- Network Abuse: Any activity that disrupts or interferes with our network or the networks of others, including port scanning, network flooding, or unauthorized access attempts.
- Vulnerability Exploitation: Attempting to exploit vulnerabilities in our systems or any third-party systems.
10.3. Unauthorized Access & Hacking:
- Attempting to gain unauthorized access to any system, network, or data.
- Hosting or distributing tools or instructions for hacking, cracking, or other malicious activities.
10.4. DDoS Attacks:
- Initiating, participating in, or facilitating Distributed Denial of Service (DDoS) attacks against any network, server, or service.
- Hosting or providing services to websites or applications that are primarily used for organizing, launching, or facilitating DDoS attacks.
10.5. Spamming: Sending unsolicited bulk emails (spam), phishing attempts, or any other form of unsolicited communication through our Services.
10.6. Malware and Viruses: Hosting, distributing, or linking to malicious software, viruses, worms, Trojan horses, or any other harmful code.
10.7. Nulled Services/Software: Hosting or distributing "nulled" or cracked versions of copyrighted software, themes, plugins, or any other intellectual property for which a legitimate license is required.
10.8. Copyright and Trademark Infringement: Engaging in any activity that infringes upon the intellectual property rights of others, including unauthorized distribution of copyrighted material or use of trademarks without permission.
10.9. Child Exploitation: Hosting, distributing, or linking to any content related to child sexual abuse material. This is strictly prohibited and will result in immediate termination and reporting to relevant authorities.
10.10. Harassment and Threats: Using the Services to harass, threaten, defame, or intimidate any individual or entity.
10.11. Proxy/VPN Abuse: Operating open proxies or VPNs that are used for illegal activities or to bypass security measures.
10.12. Cryptocurrency Mining (Unauthorized): Unauthorized cryptocurrency mining that consumes excessive resources and negatively impacts server performance or stability.

Our Rights Regarding Abuse: Elemental Nodes reserves the right to investigate any suspected violation of this policy. We may, at our sole discretion, take any action we deem appropriate, including, but not limited to:

Issuing warnings.
Suspending or terminating Services without refund.
Removing content.
Reporting illegal activities to law enforcement.
Taking legal action to recover damages caused by your misuse of the Services.

11. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury resulting from negligence;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Additionally, Elemental Nodes reserves the right to suspend or terminate your service immediately if, at our discretion, we believe or have evidence that your usage of our services is causing harm or is intended to cause harm to our platform, users, or any third party.

12. Payments

12.1. Stopping Automatic Payments: You can disable auto-pay via the client area.

13. Acknowledgement

By using our Services, you acknowledge that you have read, understood, and agreed to be bound by this Terms of Service Agreement. If you do not agree, do not use our Services. For questions, contact us at support@elementalnodes.net.

Thank you for choosing Elemental Nodes as your Game Server Provider!