XFLAREHOSTING LLC - TERMS OF SERVICE

Last updated: May 5, 2025Version: 0.1.1

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY PURCHASING, ACCESSING, OR USING THE WEBSITE https://xflarehosting.com OR ANY SITES, SERVICES, APPLICATIONS, OR PRODUCTS OFFERED, OPERATED, OR OWNED UNDER XFLAREHOSTING LLC (COLLECTIVELY, THE "SERVICES"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, OUR ACCEPTABLE USE POLICY ("AUP"), OUR PRIVACY POLICY, OUR SERVICE LEVEL AGREEMENT ("SLA"), AND ANY OTHER DOCUMENTS INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.

This Terms of Service Agreement ("ToS") is entered into by and between XFLAREHOSTING LLC, a New Jersey Limited Liability Company ("Company," "We," "Us," or "Our"), and you, the person or entity purchasing or using the Services ("User," "Customer," "You," or "Your"). The Company may operate under or use the names "XFLARE" or "XFLAREHOSTING" in branding, marketing, or communication, but the legal entity bound by this Agreement is XFLAREHOSTING LLC.

This Agreement governs Your purchase and use of all Services offered by the Company as described on Our website (https://xflarehosting.com) or applicable order forms.

1. Definitions

  • "AUP" means Our Acceptable Use Policy, incorporated herein by reference and available at https://xflarehosting.com/legal/aup.
  • "Agreement" refers collectively to these Terms of Service, the AUP, the Privacy Policy, the SLA, and any other documents expressly incorporated by reference.
  • "Billing Cycle" means the recurring period (e.g., monthly, annually) for which You agree to pay for Services.
  • "Company," "We," "Us," or "Our" refers to XFLAREHOSTING LLC.
  • "Customer," "User," "You," or "Your" refers to the individual or entity using or purchasing the Services.
  • "Customer Content" means all data, text, images, software, music, sound, photographs, graphics, video, messages, code, or other materials uploaded, posted, stored, or transmitted by You on or through the Services.
  • "Privacy Policy" means Our Privacy Policy, incorporated herein by reference and available at https://xflarehosting.com/legal/privacy, detailing how We collect, use, and protect personal data.
  • "Services" means https://xflarehosting.com, all hosting plans (including but not limited to Web Hosting, VPS Hosting, Dedicated Servers, Game Server Hosting, Minecraft Server Hosting, Discord Bot Hosting), Software as a Service (SaaS) offerings, related products (like domain names, SSL certificates if offered), support, applications, sites, and other services offered, operated, or owned under XFLAREHOSTING LLC.
  • "SLA" means Our Service Level Agreement, incorporated herein by reference and available at https://xflarehosting.com/legal/sla.

2. Eligibility and Account Registration

  • Age Requirement: By using the Services, You represent and warrant that You are at least eighteen (18) years of age or the age of majority in Your jurisdiction, and have the legal capacity to enter into this Agreement. If You are under the age of majority but at least thirteen (13) years old, You may use the Services only with the express consent and under the direct supervision of a parent or legal guardian who agrees to be bound by this Agreement on Your behalf.
  • Account Creation: You must provide accurate, current, and complete information during the registration process and maintain the accuracy of this information throughout Your use of the Services. Providing false contact information of any kind may result in the termination of Your account.
  • Account Security: You are solely responsible for maintaining the confidentiality and security of Your account credentials (username, password, API keys, etc.) and for all activities that occur under Your account, whether authorized by You or not. You agree to notify the Company immediately of any unauthorized use or security breach via https://xflarehosting.com/support. The Company is not liable for losses caused by unauthorized account use due to Your failure to maintain credential security.

3. Services Provided

Subject to the terms of this Agreement, the Company agrees to provide the Services selected by You. Specific features, resources, and limitations are detailed on Our website or applicable service descriptions. The Company reserves the right to modify, change, or discontinue any aspect of the Services with reasonable notice where practicable.

4. Payment, Billing, Renewal, and Refunds

  • Fees: You agree to pay all applicable fees for the Services in advance of the service term, as specified during the order process or in Your control panel. All fees are non-refundable except as explicitly stated in this Agreement or Our Refund Policy available at https://xflarehosting.com/legal/refund.
  • Billing Cycle: Services are billed on a recurring basis according to Your selected Billing Cycle.
  • Auto-Renewal: TO ENSURE UNINTERRUPTED SERVICE, ALL SERVICES ARE SET TO AUTOMATICALLY RENEW BY DEFAULT. Unless You cancel the Services through the designated method (e.g., account control panel) prior to the end of the current Billing Cycle, Your Services will automatically renew for a subsequent term of the same duration. You authorize Us to collect the then-applicable renewal fees using any payment method on file. It is Your responsibility to manage Your renewal settings and ensure Your payment information is current.
  • Late Payments: Invoices are due on the date specified. Payments not received by the due date may result in suspension or termination of Services without notice. We reserve the right, at Our discretion, to impose a late fee on overdue accounts, particularly for Dedicated Server services if not paid promptly. Any applicable late fees will be specified on the invoice or service description. Late fees may be waived solely at Our discretion.
  • Price Changes: We reserve the right to change prices. For existing subscriptions, We will provide at least thirty (30) days' notice of price changes, typically via email or account notification.
  • Taxes: All fees are exclusive of applicable taxes (e.g., sales, use, VAT, GST). You are responsible for all taxes associated with Your purchase and use of the Services, excluding taxes based on Our net income.
  • Refund Policy: Generally, fees paid for Services are non-refundable. We offer a limited 7-day Money-Back Guarantee for the first-time purchase of certain hosting and SaaS Services (excluding Dedicated Servers, domain names, SSL certificates, licenses, add-ons, renewals, and services obtained via free trials), unless the specific terms for a SaaS product state otherwise. Specific Managed Service plans or promotional offers may have different refund terms stated in their respective agreements. Please review Our full Refund Policy available at https://xflarehosting.com/legal/refund for complete details, eligibility requirements, exclusions, and the request process. Violations of this Agreement, particularly the AUP, void any refund eligibility.

5. Term and Termination

  • Term: This Agreement begins upon Your acceptance (e.g., ordering Services or clicking "I Agree") and continues as long as You have an active Service subscription or until terminated as provided herein.
  • Cancellation by You: You may cancel Services at any time via Your account control panel or by contacting support via https://xflarehosting.com/support. Cancellations must be requested before the start of the next Billing Cycle to avoid charges for that cycle. Cancellation is effective immediately or at the end of the current billing term, as You select, but does not relieve You of payment obligations incurred prior to cancellation and does not entitle You to a pro-rata refund unless covered by the Money-Back Guarantee or specified otherwise in a separate agreement (e.g., for certain Managed Plans).
  • Suspension/Termination by Company: We reserve the right to suspend or terminate Your Services, in whole or in part, with or without notice (though We will attempt to provide notice where feasible), if:
    • You breach any term of this Agreement (including the AUP, Privacy Policy, SLA).
    • Your use poses a security risk, adversely impacts Our systems or network, or negatively affects other users.
    • You fail to make timely payments according to Section 4.
    • Providing Services becomes commercially impractical or legally prohibited.
    • You engage in abusive, threatening, or harassing behavior towards Company staff or other users.
    • Required by law, regulation, or governmental authority.
    • We detect fraudulent activity associated with Your account.
  • Effect of Termination: Upon termination or cancellation:
    • Your right to use the Services ceases immediately.
    • All outstanding fees become immediately due and payable.
    • Data Deletion: The Company has no obligation to retain Customer Content post-termination. All Customer Content may be permanently and irretrievably deleted from Our servers immediately upon or shortly after termination without liability. You are solely responsible for securing and backing up Your data before termination or cancellation. We will not provide data backups after termination.
    • Surviving provisions (including Sections 4, 5, 8, 9, 10, 13, 14, 15, 16, 19, and any others that by their nature should survive) remain in effect.

6. Acceptable Use Policy (AUP)

Your use of the Services is strictly governed by Our AUP, available at https://xflarehosting.com/legal/aup and incorporated herein. The AUP details prohibited uses and content. Violations of the AUP may result in immediate suspension or termination of Your Services without refund or prior notice. Please review the full AUP carefully.

7. Resource Usage

You agree not to consume excessive resources (CPU, RAM, Disk I/O, Bandwidth, Inodes, Processes, etc.) beyond Your plan limits or in a way that negatively impacts the stability, performance, or security of shared infrastructure or other users. Specific resource limits may be defined in Your service plan description. We monitor resource usage and reserve the right to take corrective action, including throttling, suspension, requiring an upgrade, or termination, for abusive or excessive usage.

8. Data Backup and Loss

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING REGULAR, INDEPENDENT BACKUPS OF YOUR CUSTOMER CONTENT. While the Company may offer optional backup services or perform administrative backups for its own disaster recovery purposes (as specified per Service), these are provided "AS IS" and are not guaranteed. We are not liable for any data loss, corruption, or failure to restore data for any reason, including the failure of any backup systems We may operate. We strongly recommend You implement and test Your own robust, off-site backup strategy.

9. Intellectual Property

  • Customer Content: You retain all right, title, and interest in and to Your Customer Content. You grant Us a limited, worldwide, royalty-free, non-exclusive license to access, use, reproduce, modify, display, and distribute Your Content solely as necessary to provide, maintain, secure, and operate the Services.
  • Company Property: All software, hardware, technology, trademarks, service marks, logos, documentation, and intellectual property provided by Us or used in connection with the Services remain Our exclusive property or that of Our licensors. This Agreement grants no ownership rights or licenses to Our intellectual property beyond the right to use the Services as permitted herein. See Our Brand Usage Policy at https://xflarehosting.com/legal/branding.

10. Data Protection and Privacy

  • Privacy Policy: Your use of the Services is subject to Our Privacy Policy, available at https://xflarehosting.com/legal/privacy. The Privacy Policy details how We collect, use, disclose, and protect personal data.
  • Compliance: We strive to comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA), as applicable. Our Privacy Policy provides details regarding data subject rights and how to exercise them.
  • Data Processing Addendum (DPA): If You are a business customer processing personal data subject to GDPR or similar regulations through Our Services, and We act as a data processor on Your behalf, You must enter into Our standard DPA. Please contact Us at [email protected] or consult Our website for information on obtaining Our DPA. [Note: Create a DPA document/process].
  • Your Responsibility: You are solely responsible for ensuring that Your collection, use, processing, and storage of any personal data within Your Customer Content complies with all applicable data protection laws and regulations, including providing necessary notices, obtaining required consents, and responding to data subject requests related to Your Customer Content.

11. Third-Party Software and Agreements

If You use third-party software (e.g., game server software like Minecraft, control panels like cPanel, applications, scripts, plugins) in conjunction with the Services, You agree to abide by the terms and conditions and End User License Agreements (EULAs) of those third parties. The Company is not responsible for third-party software, its performance, security, or Your compliance with its terms. For certain managed services, You may authorize Us to accept such EULAs on Your behalf as necessary for service provisioning.

12. Service Level Agreement (SLA)

The Company provides specific uptime guarantees for certain eligible Services as outlined in Our SLA, available at https://xflarehosting.com/legal/sla and incorporated herein. The SLA details the applicable uptime commitments, calculation methods, exclusions, and the process for requesting service credits, which are Your sole and exclusive remedy for any failure to meet the guaranteed uptime. Unless explicitly stated in the SLA, Services are provided without an uptime guarantee.

13. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. USE OF THE SERVICES IS AT YOUR SOLE RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XFLAREHOSTING LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PROVISION OR USE OF (OR INABILITY TO USE) THE SERVICES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE THE FIRST EVENT GIVING RISE TO SUCH LIABILITY OCCURRED.

THIS LIMITATION OF LIABILITY IS FUNDAMENTAL TO THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

15. Indemnification

You agree to defend, indemnify, and hold harmless XFLAREHOSTING LLC, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of this Agreement (including the AUP, Privacy Policy, SLA); (iii) Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right; (iv) Your violation of any applicable law, rule, or regulation; or (v) Any claim that Your Customer Content caused damage to a third party. This defense and indemnification obligation will survive the termination of this Agreement and Your use of the Services.

16. Governing Law and Dispute Resolution

  • Governing Law: This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
  • Jurisdiction and Venue: Except as provided in the Arbitration clause below, any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Bergen County, New Jersey, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
  • Informal Resolution: We want to address Your concerns without needing a formal legal case. Before filing a claim against XFLAREHOSTING LLC, You agree to try to resolve the dispute informally by contacting Us at [email protected]. We'll try to resolve the dispute informally by contacting You via email. If a dispute is not resolved within thirty (30) days of submission, You or We may bring a formal proceeding.
  • Binding Arbitration: [REVIEW WITH LAWYER]
    • You and XFLAREHOSTING LLC agree to resolve any claims relating to this Agreement or the Services through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, except as set forth under Exceptions to Agreement to Arbitrate below.
    • The arbitration will be held in Bergen County, New Jersey, or any other location We mutually agree to in writing. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable.
    • Exceptions to Agreement to Arbitrate: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Additionally, either party may assert claims, if they qualify, in small claims court in Bergen County, New Jersey.
    • NO CLASS ACTIONS: You may only resolve disputes with Us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under this Agreement.
    • To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Our registered agent on file with the New Jersey Division of Revenue and Enterprise Services, with a copy to [email protected]. The AAA rules will govern payment of all arbitration fees. We will not seek Our attorneys' fees and costs in arbitration unless the arbitrator determines that Your claim is frivolous.

17. Modifications to the Agreement

We reserve the right to modify this Agreement (including the ToS, AUP, Privacy Policy, and SLA) at any time in Our sole discretion. We will indicate changes by posting the revised version(s) on Our website at https://xflarehosting.com/legal/terms (and other relevant pages) and updating the "Last Updated" date. Significant changes may also be communicated via email to the address associated with Your account or through account notifications. Your continued use of the Services after the effective date of the changes constitutes Your acceptance of the modified Agreement. It is Your responsibility to review these documents periodically for updates. If You do not agree to the modified terms, You must stop using the Services and cancel Your account.

18. Software as a Service (SaaS) Offerings

Unless the specific terms and conditions presented at the time of purchase or use for a distinct SaaS product offered by the Company state otherwise, such SaaS products are covered by this Agreement, including the Refund Policy outlined herein and at https://xflarehosting.com/legal/refund.

19. Miscellaneous

  • Entire Agreement: This Agreement (including all documents incorporated by reference) constitutes the entire agreement between You and Us regarding the Services and supersedes all prior or contemporaneous agreements, representations, understandings, or communications, whether oral or written.
  • Severability: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified or interpreted to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
  • Waiver: The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.
  • Assignment: You may not assign or transfer this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without Our prior written consent. We may assign or transfer this Agreement, in whole or in part, without restriction or notice.
  • Notices: Notices to You may be sent via email to the address associated with Your account or posted within Your account control panel or on Our website. Notices to Us regarding legal matters must be sent to the legal contact address provided on Our website, with a copy emailed to [email protected].
  • Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement (except for payment obligations) due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
  • Relationship of the Parties: The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
  • Headings: Section headings are for convenience only and shall not affect the interpretation of this Agreement.

20. Contact Information

For general questions about these Terms of Service or other legal matters, please contact Us at [email protected] or use the contact information provided on the XFLAREHOSTING website. For support requests, please visit https://xflarehosting.com/support.

By creating an account, ordering Services, or using XFLAREHOSTING LLC's Services, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement.

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