Terms and Conditions of Electronic Services

1. General provisions

1.1. These Terms and Conditions set out the rules for using the apexnodes.xyz website together with subdomains, client panels, and related systems (hereinafter: the “Service”), the conditions for concluding contracts for the provision of electronic services, as well as the rights and obligations of the parties.

1.2. The Service is operated by the administrator of the apexnodes.xyz website (hereinafter: the “Service Provider” or “Administrator”).

1.3. Contact with the Service Provider: admin@apexnodes.xyz

1.4. The Terms and Conditions are available at: https://cdn.apexnodes.xyz/documents/terms-and-conditions in a manner enabling their downloading and printing.

1.5. The Service Provider reserves the right to change these Terms and Conditions. Changes enter into force after 14 days from the date of their publication on the Service, except for changes favorable to Customers, which enter into force immediately. The Service Provider will inform Customers of each change to the Terms and Conditions by:

• publishing the updated version of the Terms and Conditions on the Service;
• sending an e-mail notification to the contact address assigned to the account;
• a message in the WHMCS client panel upon next login.

1.6. Using the Service after the changes to the Terms and Conditions enter into force constitutes acceptance of those changes.

1.7. These Terms and Conditions are an integral part of every contract concluded via the Service.

2. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

• Terms and Conditions — this document;
• Service Provider — the operator of the Service;
• Customer — a natural person, legal person, or organizational unit without legal personality that has an account in the Service;
• Consumer — a Customer who is a natural person concluding a contract not directly related to his or her business or professional activity;
• Entrepreneur — a Customer who is not a Consumer;
• User — a person using the Service;
• Service — an electronic service provided by the Service Provider to the Customer, listed on the Service;
• Client Panel — the WHMCS system available at apexnodes.xyz, used for managing services;
• Management Panel — Pterodactyl systems (panel.apexnodes.xyz), SolusVM (solusvm.apexnodes.xyz, solusvm.msk.sh), ISPmanager (web.apexnodes.xyz:1500), phpMyAdmin (pma.apexnodes.xyz), and other systems made available to the Customer for managing Services;
• Pricing — a list of offered Services along with prices, available at: https://apexnodes.xyz/store/;
• Automatic Renewal — functionality for automatic extension of the Service for another period;
• Suspension — temporary suspension of access to the Service while preserving data;
• Account — the Customer’s individual account in the WHMCS system;
• Consent to Performance — the Customer’s express consent to the immediate commencement of the provision of the Service, resulting in the loss of the right to withdraw from the contract.

3. Technical requirements

3.1. To use the Service, it is necessary to have:

• a device with internet access;
• an installed web browser supporting JavaScript and cookies;
• an active e-mail address;
• in the case of using management panels — an SSH client or access to a web browser.

3.2. The Service Provider is not responsible for the inability to use the Service resulting from the Customer’s failure to meet the technical requirements.

4. Account registration and conditions of use

4.1. Registration of an account in the Service is free and voluntary.

4.2. During registration, the Customer is obliged to provide true and current personal or business data. The Customer bears full responsibility for providing false or outdated data.

4.3. The Service Provider has the right to verify the data provided by the Customer and request presentation of documents confirming identity (e.g., identity card, driver’s license, passport). Refusal to present documents may result in refusal to provide Services or blocking of the Account.

4.4. Each Customer may have only one account in the Service, unless explicit consent is obtained from the Service Provider. Creating multiple accounts without consent will result in immediate blocking of all accounts without the right to a refund.

4.5. The Customer is obliged to keep login data for the Account and Management Panels confidential. The Service Provider is not responsible for the actions of third parties who have gained access to the Account or Services as a result of the Customer’s negligence.

4.6. It is prohibited to transfer, resell, share, or lend the Account or Services to third parties without the written consent of the Service Provider. Violation of this prohibition will result in immediate blocking of the account without the right to a refund.

4.7. The Service Provider is not responsible for accidental or incorrect payments to the wrong account. Funds deposited into the wrong account are not transferable or refundable.

5. Description of offered Services

5.1. The Service Provider provides the following categories of electronic services:

5.2. Detailed parameters of each Service (computing power, RAM, disk space, transfer limit, number of databases, backups, ports) are specified in the description of the specific plan in the Pricing.

5.3. The Service Provider reserves the right to change the parameters of offered plans, add new plans, and withdraw plans from the offer. Changes do not affect Services already activated, unless the parties decide otherwise.

5.4. Game Server (GAME-FREE) is a free Service limited in time and parameters. The Service Provider:

• does not guarantee availability, quality, or continuity of the GAME-FREE Service;
• provides the GAME-FREE Service only as resources are available;
• has the right to discontinue the GAME-FREE Service at any time without giving reasons;
• prohibits resale, rental, or commercial use of the GAME-FREE Service under threat of immediate blocking.

6. Conclusion of contract and activation of the Service

6.1. The contract for the provision of the Service is concluded when:

• the Customer places an order via the Service;
• the Customer makes payment (for paid Services);
• the order is accepted by the WHMCS system or a Service Provider employee.

6.2. Activation of the Service takes place after payment confirmation, except for Services requiring manual configuration (e.g., Dedicated Servers), whose activation time is provided individually.

6.3. In the case of GAME-FREE Services, activation takes place after verification by the Service Provider and as resources are available.

6.4. Upon activation of the Service, the Customer receives access to the appropriate Management Panel for the given Service category.

6.5. The Service Provider reserves the right to refuse to conclude a contract without giving reasons, in particular in the case of:

• providing false data;
• the Customer being on a list of undesirable persons/companies;
• previous violations of the Terms and Conditions by the Customer;
• suspicion of illegal activity;
• suspicion of fraudulent activity.

6.6. Consent to Performance. By placing an order, the Customer expressly consents to the immediate commencement of the provision of the Service before the expiry of the deadline for withdrawal from the contract. The Customer has been informed that as a result of giving this consent, he or she will lose the right to withdraw from the contract in accordance with applicable consumer protection regulations. Consent to performance is necessary for the activation of the Service.

7. Prices, payments, and invoicing

7.1. Service prices are expressed in currencies: USD, EUR, RUB, UAH — according to the Customer’s selection in the Service.

7.2. Prices listed in the Pricing are net prices. The Service Provider reserves the right to add VAT or other taxes applicable in the Customer’s jurisdiction in accordance with the law. The final amount payable is visible in the cart before placing the order.

7.3. Payment operator fees. All commissions, transaction fees, and costs associated with making the payment are borne by the Customer. These amounts are non-refundable.

7.4. The Service Provider offers the following payment methods: LAVA, Monobank, Stripe, 2328.io, Heleket, CryptoBot, LZT Market. The list of methods may change.

7.5. The Service is activated after the full amount due is credited to the Service Provider’s account.

7.6. The Service Provider issues VAT invoices for Customers from the European Union and transaction-documenting invoices for other Customers. Invoices are available in the WHMCS Client Panel.

7.7. In the event of non-payment on time:

• Day 0 — end of the paid period;
• Day 0 (immediately) — Service Suspension (no access, data preserved);
• Day 3–7 — deletion of the Service along with all data without the possibility of recovery.

7.8. The exact deletion date depends on the Service category and the Service Provider’s decision.

8. Suspension and termination of contract

8.1. Non-payment of the Service. In the event of non-payment for the renewal of the Service on time, the Service is automatically Suspended from the day following the expiry of the paid period. During the Suspension period, the Customer does not have access to the Service, but the data is stored.

8.2. If payment is not made within 3 to 7 days from the date of Suspension, the Service is irreversibly deleted along with all data. After deletion of the Service, data recovery is impossible.

8.3. Request Cancellation. The Customer may submit a request to cancel the Service via the WHMCS Client Panel, choosing one of the options:

• Immediate cancellation — the Service will be terminated at the next WHMCS automation run (usually within 24 hours);
• Cancellation at the end of the paid period — the Service will remain active until the end of the paid period, after which it will be Suspended and deleted in accordance with point 8.2.

8.4. After termination of the Service, its data (files, databases, configurations) is stored in a backup for a period of up to 30 days, after which it is irreversibly deleted. The Service Provider does not guarantee the possibility of restoring data after this period.

8.5. Termination of contract by the Service Provider. The Service Provider may terminate the contract with immediate effect and block the Account in the case of:

• violation of the Terms and Conditions;
• illegal activity;
• non-payment of liabilities;
• suspicion of fraud or attempted hacking;
• infringement of third-party rights;
• failure to provide verification documents upon request;
• any action threatening the security of infrastructure or other Customers.

In the event of termination of the contract for reasons attributable to the Customer, funds accumulated in the account are non-refundable.

9. Right of withdrawal (Consumers)

9.1. In accordance with applicable consumer protection regulations, the right of withdrawal does not apply to the Consumer in relation to contracts for the provision of digital services if the Service Provider has begun performance with the Consumer’s express consent, who was informed before the commencement of performance that as a result of giving consent he or she would lose the right to withdraw from the contract.

9.2. By placing an order and giving Consent to Performance (point 6.6), the Consumer confirms that:

• he or she has been informed of the loss of the right of withdrawal;
• he or she consents to the immediate commencement of the provision of the Service;
• he or she understands that after activation of the Service he or she will not be able to withdraw from the contract.

9.3. In cases where the right of withdrawal applies despite the above (e.g., before activation of the Service), the Consumer may withdraw from the contract within 14 days of concluding the contract by submitting a statement to the e-mail address: admin@apexnodes.xyz or in the Client Panel. The refund is made in the form of funds to the WHMCS account within 14 days of receiving the statement of withdrawal.

10. Refund policy

10.1. The Service Provider does not refund funds to external bank accounts, payment cards, or cryptocurrency wallets. All refunded funds are transferred exclusively to the account in the WHMCS system (so-called “account credit”).

10.2. The account in the WHMCS system may be used exclusively for payment for the Service Provider’s Services. Funds from the WHMCS account are not eligible for withdrawal to external accounts.

10.3. Refund of funds to the WHMCS account may occur only for undelivered Services (Services paid for but never activated) or in the case of a technical error on the Service Provider’s side preventing the provision of the Service.

10.4. In legally required cases (e.g., before activation of the Service), the refund is made within 14 calendar days to the WHMCS account or, in cases required by mandatory provisions, to the original payment account.

10.5. The refund does not cover payment operator commissions, taxes, or transaction fees.

10.6. The Service Provider reserves the right to refuse a refund in the case of:

• establishing the fact of fraud or violation of the Terms and Conditions;
• having used the Service in any scope;
• exceeding the complaint deadline;
• illegal activity;
• lack of justified grounds for a refund.

10.7. The decision on refund belongs exclusively to the Service Provider and is made on a case-by-case basis.

11. Liability of the parties

11.1. The Service Provider provides Services “as is”, without providing any warranties of quality, performance, availability, uninterrupted operation, or fitness for a particular purpose.

11.2. The Service Provider does not provide any availability guarantee (SLA) for any Service, except in situations where such a guarantee has been expressly specified in a separate agreement.

11.3. The Service Provider’s liability to the Customer is limited to the amount paid by the Customer for the Service in the last 30 days in which the event giving rise to liability occurred. In no event shall the Service Provider be liable for:

• lost profits;
• data loss;
• indirect, incidental, consequential damages;
• interruptions in the Customer’s business;
• damages resulting from force majeure;
• damages resulting from the actions or omissions of third parties (including payment operators, infrastructure providers, domain registrars).

11.4. The Service Provider is not liable for:

• unavailability of the Service or Services resulting from maintenance, upgrades, or failures;
• data loss caused by the Customer’s actions or omissions;
• infringement of third-party rights by content posted by the Customer;
• virus, malware, or other malicious software operation on the Customer’s side;
• problems resulting from configuration or software installed by the Customer.

11.5. The Service Provider is not liable for interruptions in the provision of Services caused by:

• force majeure (see point 17);
• actions or omissions of telecommunications operators, energy suppliers, or other entities;
• actions of public authorities;
• DDoS attacks, break-ins, or other security events if the Service Provider has exercised due diligence in preventing them.

11.6. The Customer bears full responsibility for:

• content posted on servers and within the Services;
• security of his or her systems, passwords, and access data;
• having current backups of his or her data;
• compliance with the law, including copyright, intellectual property rights, personal data protection regulations;
• activities of third parties having access to the Services based on the Customer’s authorization.

12. Prohibited activities and content

12.1. It is ABSOLUTELY PROHIBITED to use the Services for:

• storing, distributing, or promoting content related to the sexual exploitation of minors (CSAM/CP);
• operating, maintaining, or distributing botnets, malicious software, viruses, trojans, keyloggers;
• conducting phishing, spoofing, or impersonation activities;
• conducting scams, financial fraud, pyramid schemes;
• unauthorized network scanning, breaking security, penetration testing without the target owner’s consent;
• distributing content inciting violence, terrorism, hatred, or discrimination;
• trading illegal substances, weapons, or explosives;
• hosting or streaming pirated content protected by copyright (movies, music, software, games) without required licenses;
• operating proxy servers, VPNs, SSH tunnels, or other mechanisms redirecting traffic to external servers or devices not provided by the Service Provider, without express written consent of the Administration;
• using the Service Provider’s DDoS protection (StormWall, Cloudflare) to secure external servers, services, or infrastructure not owned by the Service Provider or not provided on its behalf.

12.2. It is also prohibited to:

• use the Services for cryptocurrency mining without the written consent of the Service Provider;
• use the Services to conduct DDoS attacks, flooding, spamming;
• send unsolicited mass correspondence (spam);
• impersonate the Service Provider or other entities;
• excessively load shared resources affecting the work of other Customers (“noisy neighbor”);
• use the Services to store backups that are not directly related to the operation of the server or application.

12.3. Violation of the provisions of this point results in:

• immediate blocking of the Service or Account without prior warning;
• irreversible deletion of data;
• no right to any refund;
• transfer of information about the violation to the appropriate law enforcement authorities;
• pursuing compensation claims in court.

12.4. The Service Provider is not obliged to notify the Customer before taking actions resulting from the violation of this point.

12.5. The Service Provider has the right to disclose to law enforcement authorities, courts, or other authorized entities all information regarding the Customer’s Account and Services if there is justified suspicion of a violation of the law.

13. Technical support

13.1. The Service Provider provides technical support to Customers via the ticket system in the WHMCS Client Panel. Support is free and unlimited in terms of the number of tickets.

13.2. Technical support includes:

• Service availability issues;
• Service Provider infrastructure failures;
• Management Panel issues;
• questions regarding the functioning of the Service.

13.3. Technical support does not include:

• configuration of software on the Customer’s side;
• installation of plugins, mods, modifications;
• internal configuration of the game server, application, or operating system;
• programming, script creation;
• data migration from other providers.

13.4. The Service Provider reserves the right to:

• limit or suspend the ability to create tickets in the case of inappropriate Customer behavior, vulgarities, threats, or harassment of employees;
• extend response time or refuse support if the ticket concerns matters outside the scope of support (point 13.3);
• not respond to repetitive or unfounded tickets;
• change communication channels (e.g., restrict access to tickets while maintaining other contact methods) if the situation justifies it.

13.5. Response time to tickets depends on the category and complexity of the problem and is provided in the ticket system. The Service Provider does not guarantee an immediate response.

13.6. Any actions performed by the support team beyond the scope specified in point 13.2 are provided voluntarily and do not constitute an obligation of the Service Provider to repeat them or convert them into a permanent scope of services.

14. Backups and data security

14.1. The Customer is solely responsible for creating and storing backups of his or her data, files, databases, and configurations. The Service Provider does not guarantee creating or storing backups of Customer data.

14.2. In some plans, the Service Provider may offer backup functionality as an additional option. The availability and parameters of this feature are specified in the plan description.

14.3. The Service Provider is not liable for the loss of Customer data, regardless of the cause of the loss (failure, deletion by the Customer, attack, system error, etc.).

14.4. If the Customer exceeds the backup storage limit, the Service Provider has the right to delete the oldest backups without prior warning.

15. Domain registration and management

15.1. Domain registration is carried out through the Service Provider as an intermediary, using the registrar eNom (Tucows Inc.).

15.2. By registering a domain, the Customer declares that the provided contact data (WHOIS) is true and current.

15.3. The Service Provider transfers Customer data necessary for domain registration to the registrar in accordance with ICANN requirements. Transferring this data is necessary to conclude a domain registration contract.

15.4. When registering or transferring a domain to the Service Provider, additional fees, quarantine periods, and restrictions resulting from the registrar’s policy and the domain zone may apply.

15.5. The Service Provider is not liable for:

• refusal of domain registration by the registrar;
• loss of a domain due to non-payment of renewal by the Customer;
• seizure of a domain by third parties before the Customer placed the order;
• decisions of arbitration bodies or courts regarding domains.

16. Intellectual property rights

16.1. All intellectual property rights to the Service, its graphic elements, software, databases, logos, and trademarks belong to the Service Provider or its licensors.

16.2. The Customer grants the Service Provider an unlimited in time, royalty-free, sublicensable license to use the content, files, and data stored on the Service Provider’s servers to the extent necessary to provide the Services.

16.3. The Customer bears sole responsibility for infringing the intellectual property rights of third parties within the use of the Services. In the event of receiving a notice of copyright infringement (DMCA or other), the Service Provider has the right to immediately block access to the content covered by the notice.

17. Force majeure

17.1. Neither party shall be liable for failure or improper performance of obligations arising from the Terms and Conditions if such failure or improper performance was caused by force majeure.

17.2. Force majeure means extraordinary events independent of the will of the parties, in particular: natural disasters, floods, fires, earthquakes, epidemics, pandemics, riots, wars, terrorist activities, strikes, blockades, decisions of public authorities, failures of critical infrastructure (electricity, internet connections), DDoS attacks exceeding the capabilities of protection, break-ins to IT systems caused by previously unknown vulnerabilities (zero-day).

17.3. The party whose performance of obligations is prevented by force majeure is obliged to immediately inform the other party of the occurrence of such circumstances.

18. DDoS protection and network infrastructure

18.1. The Service Provider uses StormWall and Cloudflare services to protect against DDoS attacks.

18.2. DDoS protection is provided exclusively for the Services and infrastructure of the Service Provider. It is prohibited to use the Service Provider’s DDoS protection to secure servers, services, domains, or infrastructure not owned by the Service Provider or not provided on its behalf, including:

• tunneling traffic to external servers;
• proxying traffic through the Service Provider’s IP addresses;
• using the Service Provider’s DNS to protect external resources.

18.3. Violation of the prohibition in point 18.2 results in immediate blocking of the Account and Services without the right to a refund.

18.4. The Service Provider does not guarantee protection against all types of DDoS attacks or protection at every attack scale. Protection is provided within the technical capabilities available at the given time.

19. Changes to the Terms and Conditions

19.1. The Service Provider reserves the right to change these Terms and Conditions at any time.

19.2. Changes enter into force after 14 days from the date of publication on the Service, except for changes:

• favorable to Customers — enter into force immediately;
• required by law — enter into force on the date specified in the regulations;
• related to security — enter into force immediately.

19.3. Customers will be informed of changes to the Terms and Conditions by electronic means (e-mail) and by publishing a message in the Client Panel.

19.4. In the event of non-acceptance of changes to the Terms and Conditions, the Customer is obliged to stop using the Service and submit a request to cancel the Services. Continued use of the Service after the changes enter into force constitutes acceptance of the new Terms and Conditions.

20. Final provisions

20.1. In matters not regulated by these Terms and Conditions, the provisions of applicable law, including consumer protection regulations and the GDPR, shall apply.

20.2. In the event of disputes between the Service Provider and a Consumer, the competent court is the court competent for the Consumer’s place of residence, in accordance with applicable civil procedure regulations.

20.3. In the event of disputes between the Service Provider and an Entrepreneur, the competent court is determined in accordance with applicable law.

20.4. The Service Provider informs Consumers that they have the possibility to use out-of-court methods of resolving complaints and claims, including the Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr.

20.5. These Terms and Conditions enter into force on June 4, 2026.

20.6. Last updated: June 4, 2026.

E-mail: admin@apexnodes.xyz

Источник: https://cdn.apexnodes.xyz/documents/terms-and-conditions