Terms of Service
Last updated: January 2025
1. Acceptance of Terms
By accessing or using Fluxorus Networks, LLC ("Fluxorus") services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.
2. Service Description
Fluxorus provides cloud infrastructure services including:
- Virtual Private Servers (VPS)
- Dedicated Servers
- DDoS Protection Services
- Network Infrastructure
- Related hosting and infrastructure services
3. Account Registration
- You must provide accurate, current, and complete information
- You are responsible for maintaining account security
- You must be at least 18 years old or have parental consent
- One person or entity may not maintain multiple accounts without permission
- You must notify us immediately of any unauthorized use
4. Payment Terms
- Services are billed in advance on a monthly, quarterly, or annual basis
- All fees are non-refundable unless otherwise stated
- Prices are subject to change with 30 days notice
- Late payments may result in service suspension or termination
- You are responsible for all applicable taxes
5. Acceptable Use
You agree not to use our services for:
- Illegal activities or content
- Spamming, phishing, or malicious activities
- Unauthorized access to systems or networks
- Distribution of malware or viruses
- Activities that violate intellectual property rights
- Content that is defamatory, obscene, or hateful
See our Acceptable Use Policy for complete details.
6. Service Availability
- We strive for 99.9% uptime but do not guarantee uninterrupted service
- Scheduled maintenance will be announced in advance when possible
- We reserve the right to modify or discontinue services
- Service credits may be available as outlined in our SLA
7. Data and Content
- You retain ownership of your data and content
- You grant us license to host and process your data to provide services
- You are responsible for backing up your data
- We are not responsible for data loss except as outlined in our SLA
- You must comply with applicable data protection laws
8. Intellectual Property
All Fluxorus trademarks, logos, and service marks are our property. You may not use our intellectual property without written permission. Our technology, software, and infrastructure remain our exclusive property.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLUXORUS NETWORKS, LLC (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF FLUXORUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Disclaimer of Warranties
FLUXORUS PROVIDES SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF SERVICES IS AT YOUR SOLE RISK
- FLUXORUS DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- RESULTS OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE
- ANY MATERIAL DOWNLOADED OR OBTAINED IS DONE AT YOUR OWN DISCRETION AND RISK
- NO ADVICE OR INFORMATION FROM FLUXORUS CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS
11. Indemnification
You agree to indemnify and hold harmless Fluxorus from any claims, damages, losses, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights. This includes reasonable attorneys' fees, court costs, and expert witness fees. You will cooperate with our defense of any claim and will not settle any claim without our prior written consent.
12. Third-Party Content and Links
Our services may contain links to third-party websites or content. Fluxorus:
- Is not responsible for third-party content, websites, or services
- Does not endorse or make representations about third-party services
- Is not liable for any damage arising from third-party interactions
- Does not monitor or control customer content hosted on our infrastructure
13. Termination
- You may cancel your account at any time
- We may suspend or terminate services for violation of these Terms
- We may terminate services with 30 days notice for any reason
- Upon termination, you must cease using our services and remove all content
- Provisions that should survive termination will remain in effect
- We reserve the right to immediately terminate without notice for serious violations
- No refunds will be provided for terminations due to Terms violations
14. Force Majeure
Fluxorus shall not be liable for any failure or delay in performance due to circumstances beyond our 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.
15. Governing Law
These Terms are governed by the laws of the United States and the state where Fluxorus is incorporated, without regard to conflict of law provisions. Any disputes shall be resolved in the courts of that jurisdiction.
YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.
16. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising from these Terms shall be resolved through binding arbitration, except for:
- Claims for injunctive or equitable relief
- Intellectual property disputes
- Claims under $10,000 which may be brought in small claims court
Arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA). The arbitration shall take place in the state where Fluxorus is incorporated. Each party bears their own costs, with arbitrator fees split equally.
CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
17. Contact Information
For questions about these Terms, contact us at:
Email: legal@fluxorus.com
Support: hello@fluxorus.com