Terms of Service

1. Acceptance of Terms

By clicking "I agree," creating an account, placing an order, or accessing or using the services of Fluxorus Networks, LLC ("Fluxorus," "we," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use our services.

2. Service Description

Fluxorus provides cloud infrastructure and network services including:

• Game Server Hosting
• Virtual Private Servers (VPS) and Virtual Dedicated Servers (VDS)
• Dedicated Servers
• DDoS Protection and Mitigation Services
• Content Delivery Network (CDN) Services
• Related hosting, network, and infrastructure services

3. Incorporated Policies

The following policies are part of and incorporated by reference into these Terms. By using the services you also agree to them, and a violation of any of them is a violation of these Terms:

• Acceptable Use Policy
• Privacy Policy
• Service Level Agreement
• Fair Use Policy
• Data Processing Agreement (where we process personal data on your behalf)
• Refund & Cancellation Policy
• Service-Specific Terms
• DMCA & Copyright Policy

If there is a conflict between these Terms and an incorporated policy, the document more specific to the issue controls for that issue; otherwise these Terms control.

4. Account Registration

• You must provide accurate, current, and complete information
• You are responsible for maintaining account and credential security
• You must be at least 18 years old
• One person or entity may not maintain multiple accounts without permission
• You are responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorized use

5. Payment Terms

• Services are billed in advance on a monthly, quarterly, or annual basis
• Automatic renewal: services renew automatically for successive terms at the then-current rate, and your payment method is charged on each renewal date, until cancelled in accordance with our Refund & Cancellation Policy
• Fees are non-refundable except as expressly stated in our Refund & Cancellation Policy or as required by applicable law
• Prices are subject to change with 30 days' notice, effective on your next renewal
• Late payment: overdue amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law, and we may suspend or terminate services for non-payment
• Chargebacks: initiating a chargeback or payment dispute without first contacting us is a breach of these Terms; we may suspend services and recover the disputed amount plus reasonable fees
• You are responsible for all applicable taxes, levies, and duties

6. 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. We may suspend service immediately for AUP violations as described in Section 14.

7. Service Availability

• We target 99.99% network availability as described in our Service Level Agreement, which sets out the sole remedies for downtime
• Scheduled maintenance will be announced in advance when possible
• We reserve the right to modify or discontinue services
• Service credits under the SLA are your sole and exclusive remedy for any failure to meet availability commitments

8. 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 solely responsible for backing up your data. See our Backup & Data-Loss Disclaimer
• You must comply with applicable data protection laws
• Following termination, we may permanently delete your data after a 30-day period; you are responsible for retrieving your data before then

9. 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. See our Trademark & Brand Guidelines.

10. 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.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY 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 THE GREATER OF (A) THE TOTAL FEES YOU PAID TO FLUXORUS FOR THE AFFECTED SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

The limitations and exclusions in this Section do not apply to: (a) your indemnification obligations under Section 12; (b) your breach of the Acceptable Use Policy or of Fluxorus's intellectual property rights; (c) amounts you owe for the services; or (d) any liability that cannot be excluded or limited under applicable law.

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.

11. 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

12. Indemnification

You agree to indemnify, defend, and hold harmless Fluxorus from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees, court costs, and expert witness fees) arising from or related to: your use of our services; your violation of these Terms or any incorporated policy; your content or the content you host (including any claim that it infringes intellectual property, is defamatory, or is unlawful); your violation of any applicable data-protection, privacy, export, sanctions, or tax law; and any claim brought by your end users. Fluxorus may assume sole control of the defense and settlement of any indemnified claim at your expense, and you will not settle any claim that affects Fluxorus without our prior written consent. You will cooperate with our defense.

13. 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

14. Suspension and Termination

• You may cancel your account at any time as described in our Refund & Cancellation Policy
• We may suspend or terminate services for violation of these Terms or any incorporated policy
• We may suspend service immediately and without prior notice for AUP violations, active abuse or attacks, non-payment, or to protect our network or other customers
• We may terminate services for any reason with 30 days' notice
• Upon termination, you must cease using our services and remove all content
• After termination we may permanently delete your data following a 30-day period; reinstatement of a suspended account may be subject to a fee
• No refunds will be provided for terminations due to Terms or AUP violations
• Provisions that by their nature should survive termination will survive, as listed in Section 20

15. Export Controls, Sanctions & Anti-Money-Laundering

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions, and that you are not identified on any government restricted-party or sanctions list (including the U.S. OFAC SDN list). You may not use the services in violation of any applicable export-control, sanctions, or anti-money-laundering laws, or to provide the services to any such restricted party. We may suspend or terminate your account if we reasonably believe you breach this Section.

16. 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.

17. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law provisions. Subject to the arbitration provisions in Section 18, the exclusive venue for any dispute shall be the state and federal courts located in New York County, New York, and you consent to their personal jurisdiction.

YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

18. 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 New York County, New York. 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.

Nothing in this Section waives any mandatory statutory rights you may have as a consumer under the laws of your country of residence.

19. Changes to These Terms

We may update these Terms from time to time. When we make material changes we will update the "Last updated" date above and, where required, notify you by email or through the services at least 30 days before the changes take effect. Your continued use of the services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the services and may cancel in accordance with the Refund & Cancellation Policy.

20. General Provisions

• Entire Agreement. These Terms and the incorporated policies are the entire agreement between you and Fluxorus and supersede all prior agreements, proposals, and representations.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.
• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. We may give notice by email to your account address or by posting in the services; legal notices to us must be sent to the address on our Company Information page.
• Survival. Sections 5, 8–15, and 17–21 survive termination.
• Relationship. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.

21. Contact Information

For questions about these Terms, contact us at: