8A. Customer Responsibilities
8A.1 Customers are responsible for all activity under their account, services, VPS, server, IP address, credentials, hosted websites, scripts, applications, databases, files, email activity, and network usage, whether or not authorized by the Customer.
8A.2 Customers are responsible for keeping all software, scripts, CMS installations, plugins, themes, passwords, API keys, SSH keys, and credentials secure and up to date. eXact Digital LLC strongly recommends using strong, unique passwords and enabling available security features.
8A.3 eXact Digital LLC is not responsible for Customer misconfiguration, insecure code, outdated software, compromised accounts, weak passwords, infected files, user-installed applications, or third-party attacks targeting Customer systems or hosted content.
8A.4 The Services may depend on upstream providers, data centers, cloud providers, registrars, ISPs, network providers, payment processors, software vendors, and other third parties. eXact Digital LLC does not guarantee the continuous availability of third-party services and is not liable for third-party service interruptions, policy changes, or failures.
8A.5 eXact Digital LLC may take necessary action to protect infrastructure, upstream providers, other customers, IP reputation, network stability, or legal compliance, including suspending, isolating, throttling, or terminating Services where necessary without prior notice.
12. Refund Policy
12.1 Except where required by applicable law or expressly stated in a written refund policy, payments are non-refundable for used service periods, setup fees, add-ons, custom work, third-party costs, licenses, domain-related charges, SSL certificates, administrative fees, or Services suspended or terminated due to Customer breach, abuse, unlawful activity, chargeback abuse, fair use violation, or violation of these Terms. eXact Digital LLC may, in its sole discretion, issue a refund where a paid Service was not delivered or provisioned due to a fault solely attributable to eXact Digital LLC. Refunds are not available where a free trial was used, or where delays, outages, or dissatisfaction arise after the Service was delivered in accordance with its specifications.
12.2 The following are non-refundable under all circumstances:
Domain registrations and renewals;
SSL certificates;
Upgrades, add-ons, or custom services;
Setup fees and administrative fees;
Any service suspended or terminated for abuse, fair use violation, acceptable use violation, security risk, or breach of these Terms;
Cryptocurrency payments, due to volatility and technical limitations;
Third-party costs, licenses, or fees incurred on the Customer's behalf;
Consumed service periods;
- Services provided under promotional pricing, free trials, or first-month-free offers.
12.3 Chargebacks or payment disputes initiated without contacting our support team in good faith may result in immediate suspension of your Account and all associated Services. We reserve the right to recover disputed amounts, reverse refunds, or assess administrative fees as necessary.
12.4 Promotional services, free trials, or “first month free” offers do not create a right to refunds. They are provided as-is and may be withdrawn or modified at any time.
12.5 If a refund is issued, it will be returned to the original payment method, unless mutually agreed otherwise. Refunds to account credit are final and non-transferable.
14. Acceptable Use Policy (AUP)
14.1 You agree to use the Services solely for lawful purposes and in accordance with applicable law, these Terms, and applicable industry standards. The following activities are strictly prohibited:
Hosting, distributing, or transmitting unlawful content of any kind;
Hosting, distributing, or transmitting child sexual abuse material (CSAM) or any content that sexually exploits minors;
Copyright infringement, trademark infringement, or any other violation of intellectual property rights;
Hosting or distributing malware, ransomware, spyware, viruses, trojans, rootkits, or other malicious code;
Phishing, fraud, identity theft, credential theft, or credential stuffing;
Sending spam, unsolicited bulk email, or unsolicited bulk messaging of any kind;
Operating botnets, command-and-control servers, or participating in distributed denial-of-service (DDoS) attacks;
Hacking, unauthorized access to systems or networks, unauthorized port scanning, or unauthorized vulnerability probing;
IP spoofing, packet forging, or traffic amplification attacks;
Operating open proxies, open mail relays, or TOR exit nodes (unless expressly approved in writing by eXact Digital LLC);
Mass scraping, high-volume web crawling, or abusive use of third-party platforms or services;
Operating cryptocurrency mining operations of any kind without express written approval;
Hosting terrorism, extremist content, or content that constitutes a credible threat of violence;
Hate-based threats, harassment campaigns, or content designed to facilitate real-world harm;
Mass mailing without verifiable recipient consent;
Violation of upstream provider, data center, or network provider acceptable use policies;
Activity that damages IP reputation, causes IP address or network blacklisting, or generates abuse complaints from upstream providers, data centers, networks, or third parties;
- Activity that generates legal complaints, DMCA notices, law enforcement requests, or security complaints directed at eXact Digital LLC's infrastructure.
14.2 You may not:
- Share your Account credentials with others;
- Sell access to your Account or hosted environment without explicit reseller status;
- Use our infrastructure for high-risk financial services or content without approval.
14.3 You agree not to manipulate, override, or evade such controls through abusive scripting, tunneling, or unconventional use. Non-abusive use of scripts and automation tools (e.g., bots or cron jobs) is permitted provided it remains within fair usage limits.
14.4 eXact Digital LLC may suspend, restrict, or terminate Services immediately, with or without prior notice, where eXact Digital LLC reasonably believes that Customer activity creates legal risk, security risk, operational risk, abuse risk, harm to other customers, harm to upstream providers, harm to IP reputation, or potential violation of applicable law or third-party provider rules. Grounds for immediate suspension include, without limitation: serious abuse, illegal content, upstream provider complaints, law enforcement requests, DMCA or intellectual property complaints, network protection requirements, or suspected unlawful activity.
14.5 Users are encouraged to report suspected abuse or violations by contacting support@exact.gg.
15. User Content and Conduct
15.1 You are solely responsible for all content, files, scripts, databases, email communications, or other materials uploaded, published, stored, or transmitted through your Account or via the Services (“User Content”).
15.2 You represent and warrant that:
- You own or have the necessary rights and licenses to use and distribute the User Content;
- Your User Content does not infringe, misappropriate, or violate any third-party rights, including intellectual property rights, privacy rights, or contractual obligations;
- Your User Content complies with all applicable laws and regulations.
15.3 We do not claim ownership over your User Content. However, by submitting content through our Services, you grant eXact Digital LLC a limited, non-exclusive, worldwide, royalty-free license to host, store, display, and transmit such content solely as necessary to provide the Services.
15.4 We reserve the right (but not the obligation) to review, monitor, remove, or block access to any User Content that we reasonably believe violates these Terms, applicable laws, or poses a risk to our systems or reputation.
15.5 You must not use our Services to collect or process sensitive personal data (as defined under GDPR or other applicable data protection laws) unless you have obtained explicit consent and implemented appropriate safeguards.
16. Fair Use and Resource Usage Policy
16.1 All Services provided by eXact Digital LLC — including hosting, VPS, server, and related infrastructure services — are subject to fair use and resource usage requirements to ensure stable performance, equitable access, and infrastructure integrity across all Customers. These requirements apply regardless of plan type and may relate to:
- Disk space
- Bandwidth
- CPU and RAM usage
- Number of processes, connections, or IOPS
- Email sending limits
- API request frequency
16.2 Most limits are system-enforced and pre-configured in accordance with your selected plan. We reserve the right to take appropriate actions — including throttling, suspension, or migration offers — if usage patterns threaten service availability or degrade performance for other users. Daily backups are maintained automatically for web hosting services, and recovery may be offered free of charge subject to availability.
16.3 The following activities constitute excessive, abusive, or prohibited resource usage and are prohibited without the express prior written approval of eXact Digital LLC:
Sustained CPU abuse or prolonged high-CPU processes that degrade infrastructure or other customers' services;
Excessive RAM usage beyond allocated or reasonable plan limits;
Excessive disk I/O that degrades server or storage performance;
Excessive bandwidth or network throughput that impacts shared infrastructure;
Abusive storage use, including using hosting accounts as file distribution or content delivery networks;
Cryptocurrency mining of any kind;
Mass scraping or high-volume automated web crawling;
Spam or bulk email abuse, mass mailing, or email relay abuse;
Participating in, facilitating, or attracting DDoS attacks;
Operating proxies, open relays, or TOR exit nodes without express written approval;
Operating botnets, malware distribution, or phishing infrastructure;
Port scanning, brute-force attacks, or credential stuffing;
Any activity that causes blacklisting of eXact Digital LLC's IP addresses or network ranges;
Any activity that generates abuse complaints from upstream providers, data centers, networks, registrars, or third parties.
16.4 eXact Digital LLC may determine excessive, abusive, or unreasonable usage based on the impact of the usage on the Services, infrastructure, network, upstream providers, other customers, IP reputation, service stability, security, or performance. If eXact Digital LLC determines, in its reasonable discretion, that a Customer's usage is excessive, abusive, unlawful, harmful, or likely to negatively affect the Services, infrastructure, network, upstream providers, other customers, IP reputation, security, performance, or the reputation of eXact Digital LLC, eXact Digital LLC may take corrective action including rate-limiting, throttling, suspension, restriction, isolation, migration, null-routing, IP removal, service termination, or requiring the Customer to upgrade to a more suitable plan. Failure to comply with this Fair Use and Resource Usage Policy may result in suspension or termination without refund where permitted by applicable law.
16.5 Customers may not use 75% or more of allocated CPU resources across any product, service, VPS, server, or hosting environment for three (3) consecutive hours or more, unless eXact Digital LLC has expressly approved such usage in writing. No Account or Service may utilize 75% or more of the allocated CPU resources across any product tier for a continuous period exceeding three (3) hours. Violations of this limit may result in temporary throttling, automatic service limitation, or administrative suspension. For sustained high-performance needs, users are advised to upgrade to a plan that accommodates such usage levels.
23. Disclaimer of Warranties
23.1 The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, eXact Digital LLC disclaims all warranties, express or implied, including but not limited to:
- Warranties of merchantability or fitness for a particular purpose;
- Warranties that the Services will be uninterrupted, error-free, or free of harmful components;
- Warranties as to uptime or performance (except as explicitly stated in the SLA);
- Warranties arising out of course of dealing or usage of trade.
23.2 We do not warrant that:
- The Services will meet your specific needs or expectations;
- Any data stored or transmitted will be accurate, secure, or not lost;
- Any bugs or issues will be corrected within a specific time frame.
23.3 You assume full responsibility for the selection and use of the Services and for ensuring that the Services meet your requirements and compliance obligations.
23.4 eXact Digital LLC is not responsible for: Customer misconfiguration, insecure code, outdated software, compromised accounts, weak passwords, infected files, user-installed applications, or third-party attacks. The Services may depend on upstream providers, data centers, cloud providers, registrars, ISPs, network providers, payment processors, software vendors, and other third parties over which eXact Digital LLC has no control. eXact Digital LLC may take necessary action to protect infrastructure, upstream providers, other customers, IP reputation, network stability, or legal compliance.
23.5 eXact Digital LLC makes no warranty regarding: the continued availability, ranking, deliverability, or performance of Customer content, email, IP addresses, hosted websites, or any third-party integrations. Customers must maintain their own independent backups unless a specific backup service has been expressly purchased and confirmed in writing.
28. Service Level Agreement (SLA)
28.1 eXact Digital LLC aims to maintain a best-effort uptime target across its hosting infrastructure. Uptime commitments only apply where expressly stated for the relevant service plan. Where eXact Digital LLC expressly offers a service level commitment for a specific plan, any service credit offered under that commitment is the Customer's sole and exclusive remedy for qualifying downtime. No cash refund is owed for downtime unless expressly stated. While we strive for high availability, we do not provide a fixed uptime guarantee unless expressly stated for the applicable service plan.
28.2 If your paid hosting service experiences unplanned downtime exceeding 24 consecutive hours, and such outage is caused solely by a fault in our systems and not by scheduled maintenance, external events, or your own actions:
- You may request a credit of one (1) month of equivalent hosting service, to be applied to your next billing cycle.
28.3 Any SLA commitment does not apply to, and no SLA credit shall be issued for, downtime, degradation, or service interruption caused by:
Scheduled maintenance (with or without advance notice) or emergency maintenance;
Customer action, inaction, software, scripts, CMS installations, plugins, configurations, or credentials;
Third-party services, upstream providers, data centers, cloud providers, network providers, registrars, DNS providers, or ISPs;
Payment issues, account suspension, or Terms violations;
DDoS attacks, abuse mitigation actions, or security incidents;
Force majeure events, cyberattacks, acts of God, government action, or circumstances outside eXact Digital LLC's reasonable control;
Law enforcement requests, legal process, or regulatory compliance actions;
DNS or domain issues, including domain expiration, DNS propagation delays, or registrar outages;
- Any circumstance outside eXact Digital LLC's reasonable control.
28.4 Any SLA credits must be requested within seven (7) days of the qualifying incident by contacting eXact Digital LLC support. Credits will be applied to the Customer's account and will not be issued as cash refunds unless expressly required by applicable law. SLA coverage is not cumulative and is capped at one (1) month of the affected service per incident. Any service credit expressly offered under an applicable SLA is the Customer's sole and exclusive remedy for qualifying downtime.
