Terms of Service

Introduction

These Terms of Service (the “Terms”) govern the relationship between eXact Digital LLC, a limited liability company organized under the laws of the State of Colorado, United States (“eXact Digital LLC”, “we”, “us”, or “our”) and the individual or entity (“you”, “your”, or the “Customer”) who accesses, registers for, or uses any of the services offered on or through https://www.exact.gg (the “Platform”), including, but not limited to, web hosting, VPS, server, infrastructure, domain registration, SSL certificates, email services, and related digital infrastructure products (collectively, the “Services”).

Please read these Terms carefully. By accessing, browsing, purchasing, registering for, or using any part of the Platform or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any applicable service-specific policies or agreements referenced herein. If you do not accept these Terms in full, you are not authorized to use our Platform or Services and must immediately discontinue use.

1. Acceptance of Terms

1.1 These Terms constitute a legally binding agreement between you and eXact Digital LLC. Your access to and use of the Services is subject to your compliance with these Terms and all applicable laws and regulations.

1.2 By creating an account, subscribing to a paid or free plan, or engaging with any portion of our Platform or Services (including communications with our support or sales staff), you affirm that you have read, understood, and agreed to these Terms in their entirety.

1.3 In the case of a business entity, the individual accepting these Terms represents and warrants that they have the full legal authority to bind such entity to these Terms. Where applicable, references to “you” shall include the entity you represent.

1.4 These Terms apply to all users of our Services, including individuals, small and medium-sized businesses, resellers, affiliates, developers, and enterprise clients.

1.5 You further agree that any violation of these Terms may result in the suspension or termination of your Account or Services, and that we may take legal or administrative action as necessary to protect our platform and reputation.

2. Definitions

In these Terms, the following terms shall have the meanings set forth below. Other terms may be defined contextually elsewhere in this document:

• “Account”: The user-specific dashboard or login profile created upon registration with eXact Digital LLC, used to manage service subscriptions, billing, and support communications.
• “Services”: Any of the products, packages, and functionality offered or made available by eXact Digital LLC, including web hosting, VPS, server, infrastructure, reseller hosting, SSL certificates, email hosting, website builder tools, domain registration and renewals, and related offerings. References to “Services” include hosting, VPS, server, infrastructure, website hosting, account, support, billing, and all related services unless context requires otherwise.
• “Platform”: The public-facing and client-facing portions of the website located at https://exact.gg, including any subdomains, client portals, APIs, tools, or integrations.
• “User Content”: Any data, text, images, files, software, scripts, multimedia, or other content submitted, uploaded, hosted, published, stored, or transmitted by you through or to the Platform.
• “Free Plan”: The zero-cost hosting package offered under the name “eXact Lite” or any similar service designated as free-of-charge.
• “Paid Plan”: Any subscription, license, or service which requires payment, either on a recurring or one-time basis.
• “SLA”: Service Level Agreement, describing the uptime standards and compensatory mechanisms offered in the event of certain disruptions.
• “Jurisdiction”: The State of Colorado, United States, as the governing legal system for these Terms (see Section 5).
• “Personal Data”: Information that identifies or can be used to identify an individual, as defined by applicable data protection and privacy laws, which may include the CCPA, GDPR, or other applicable statutes depending on your jurisdiction.
• “Third-Party Services”: External service providers, platforms, or tools (e.g., Cloudflare, Sensfrx) that we integrate with or rely upon for part of the functionality of the Services.

3. Eligibility and Authority

3.1 You may use the Services only if you:

• Are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher;
• Have full legal capacity and authority to enter into binding agreements;
• Are not prohibited by law from accessing or using our Platform;
• Will use the Services solely in accordance with these Terms and for lawful purposes.

3.2 If you are registering for or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that:

• You are an authorized representative of that entity;
• You have the legal right and authority to bind the entity to these Terms;
• All information you provide is accurate and complete.

3.3 eXact Digital LLC reserves the right to deny access to any person or entity, without obligation to disclose reasons, where we reasonably believe that doing so is necessary to ensure compliance with applicable laws, protect our business, or prevent abuse of the Services.

4. Amendments and Updates

4.1 eXact Digital LLC may revise, update, or amend these Terms from time to time, including to reflect changes in law, Services, pricing, infrastructure, security practices, upstream provider requirements, abuse-prevention practices, or business operations. Any changes will be posted on this page with a revised “Last Updated” date.

4.2 Material changes to the Terms will be communicated to you via email, dashboard notification, or other reasonable means. It is your responsibility to regularly review these Terms for any updates.

4.3 Continued use of the Platform or Services after the effective date of any changes constitutes your acceptance of the amended Terms. If you do not agree to any modifications, your sole remedy is to discontinue use of the Services and, where applicable, cancel your subscription.

4.4 We may also update our pricing, product offerings, policies, or service terms periodically. Such changes may impact specific plans or features and will be communicated in advance where required by law or by contract.

5. Governing Law and Jurisdiction

5.1 These Terms, and any non-contractual obligations arising from or related to them, shall be governed by and interpreted in accordance with the laws of the State of Colorado, United States, without regard to conflict-of-law principles. Subject to any mandatory consumer protection rights that may apply under applicable law, the courts located in Colorado shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.

5.2 Any disputes, claims, proceedings, or litigation arising out of or relating to these Terms or the use of our Services shall be subject to the exclusive jurisdiction of the courts located in Colorado, United States, subject to any mandatory consumer protection rights that may apply. You hereby irrevocably submit to the personal jurisdiction of those courts for such purposes.

5.3 Nothing in this clause shall restrict either party’s right to seek injunctive relief or urgent equitable relief in any competent court.

5.4 Customers accessing our Services from outside the United States are responsible for compliance with local laws applicable to them to the extent those laws apply. eXact Digital LLC makes no representations that the Services are appropriate or available in all jurisdictions.

6. Service Overview

6.1 eXact Digital LLC provides a range of online hosting and infrastructure services, including but not limited to:

• Shared hosting and reseller hosting
• Virtual private servers (VPS)
• Domain name registration and renewals
• SSL certificate provision and management
• Email hosting
• Integrated website builder tools
• Value-added perks such as backups, Cloudflare integrations, and anti-fraud screening

6.2 Our Services are designed to support affordability, speed, simplicity, and accessibility for individuals, developers, entrepreneurs, small businesses, and resellers.

6.3 Certain Services are offered under a Free Plan (e.g., “eXact Lite”) or with promotional pricing (e.g., 1st month free using promo codes such as FREEMONTH). Free plans are limited in scope and do not include guarantees, warranties, or refunds.

6.4 Our Paid Plans are offered on a monthly, annual, or fixed-term basis depending on the product. Certain products (e.g., domains, SSL certificates) may only be available with annual billing.

6.5 You agree to use the Services only for lawful and ethical purposes. Any use of the Platform or Services that results in violation of applicable laws, network abuse, security compromise, or reputational harm to eXact Digital LLC may result in immediate suspension or termination of access.

7. Free Trials, Promotions, and Service Credits

7.1 We may from time to time offer promotional deals, free trials, or bundled services to new or existing users. Such promotions are subject to eligibility criteria and may be withdrawn or modified at any time without notice.

7.2 The eXact Lite free plan is provided as-is, without guarantees or performance warranties. Free plans are subject to fair usage limits, availability constraints, and may be discontinued or modified at our sole discretion.

7.3 The “FREEMONTH” promo code offers one free month of hosting on eligible Paid Plans. This offer may be used once per user or account and may not be combined with other offers. Abuse of promo codes may result in account suspension.

7.4 Promotional credits, if offered, may only be used for eligible products and are not redeemable for cash. All credits expire after the timeframe specified at issuance.

7.5 If you upgrade from a Free Plan to a Paid Plan, or from one Paid Plan to another, the new billing cycle will apply as of the upgrade date. Downgrades or plan changes mid-cycle do not entitle you to prorated refunds unless otherwise specified in Section 13 (Refund Policy).

8. Account Registration and Security

8.1 To access and manage certain features of the Services, you are required to create a user account (“Account”). You must provide accurate, complete, and current information during the registration process and maintain the accuracy of such information at all times.

8.2 You are solely responsible for maintaining the confidentiality of your Account credentials, including your password. You agree to notify us immediately at support@exact.gg if you suspect unauthorized access, use, or disclosure of your credentials or account.

8.3 You acknowledge and agree that any actions taken through your Account, whether authorized or not, are your sole responsibility until such time as you notify us of a breach. eXact Digital LLC shall not be liable for any loss or damage arising from your failure to protect your credentials or from any unauthorized access resulting from your negligence.

8.4 You may not register or use multiple Accounts for purposes of abusing promotional offers, circumventing usage limits, or engaging in prohibited conduct. We reserve the right to suspend or terminate Accounts found to be in violation of this policy.

8.5 We reserve the right to refuse registration, cancel an Account, or restrict access to the Platform at our sole discretion, particularly if there is reason to believe that the Account is being used in a fraudulent, abusive, or otherwise unlawful manner.

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.

9. Reseller Terms

9.1 If you are using our Services as a reseller, whether formally designated as such or not, you must ensure that:

• All downstream users, clients, or sub-account holders (“End Users”) are informed of and bound by the core terms of this Agreement;
• You are responsible for the behavior, actions, and violations of your End Users as if they were your own;
• You provide your End Users with appropriate technical support and customer service.

9.2 Rebranding is permitted, and eXact Digital LLC provides tools to help resellers customize their customer-facing services. However, resellers, affiliates, or any third parties using eXact Digital services must not impersonate eXact Digital, claim to be eXact Digital, or suggest that they are owned, operated, or officially affiliated with eXact Digital LLC. Such parties may state that they “use eXact Digital” or that their services are “powered by eXact Digital,” but they must not state “we are eXact Digital” or make any similar claim that misrepresents the origin of the service. Misleading branding or impersonation may result in immediate account suspension or termination.

9.3 In the event of a dispute, eXact Digital reserves the right to intervene, restrict, or terminate End User services that pose a threat to platform integrity or that violate these Terms.

9.4 Resellers are responsible for all billing, refunds, and support issues with their End Users. eXact Digital LLC is not a party to your agreements with third parties and disclaims all liability arising therefrom.

10. Pricing and Billing Cycles

10.1 All pricing for Services is displayed in USD unless otherwise stated and may be subject to change at any time with or without notice. Ongoing subscriptions will maintain current pricing until the end of their billing cycle.

10.2 Billing cycles vary depending on the specific product or plan:

• Hosting and VPS plans: Monthly or annually
• Domains, SSL certificates: Annual only
• Promotional plans: May include fixed-term or bundled pricing

10.3 All fees for Services are due in advance unless otherwise expressly stated. Upon initial order or renewal, fees will be charged to your selected payment method. You are responsible for maintaining accurate, current, and valid payment information at all times. Failure to maintain valid payment information may result in service interruption, suspension, or termination without notice.

10.4 We reserve the right to change pricing for Services at any time. Price changes will not affect already active plans until their next renewal date. However, any new purchases or upgrades will be subject to the new pricing.

10.5 Applicable taxes (e.g., sales tax, VAT, GST) may be charged based on your location and applicable law. You are responsible for all applicable taxes, duties, and regulatory charges related to the Services. Where eXact Digital LLC is required to collect taxes, such amounts will be added to your invoice. Any chargeback fees, payment processor fees, or bank fees incurred as a result of your payment activity may also be your responsibility where permitted by applicable law.

11. Accepted Payment Methods

11.1 We currently accept the following forms of payment:

• Credit and debit cards
• PayPal
• Direct debit (where supported)
• Cryptocurrency (e.g., Bitcoin, Ethereum)

11.2 You acknowledge that:

• Payments made via cryptocurrency are non-refundable under any circumstance due to volatility and technical limitations;
• Some services may only support specific payment methods, and availability may vary by region;
• You may be redirected to a third-party processor when making a payment. We do not retain full credit card details and disclaim responsibility for processing issues arising from third-party platforms.

11.3 By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge all applicable fees to that method.

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.

13. Late Payments and Chargebacks

13.1 If payment is not received by the due date, your Service may be suspended, disabled, or deleted without notice. A grace period may be offered at our discretion but is not guaranteed.

13.2 Late fees may be applied, and your access to support or upgrades may be restricted until the outstanding balance is cleared.

13.3 In the event of a chargeback, payment reversal, or dispute:

• Your Account may be suspended immediately;
• Any associated data may be deleted or held in escrow;
• You may be required to provide identification and payment proof before reinstatement;
• You may lose the right to pay by card in the future.

13.4 Multiple chargebacks or fraud-related disputes will result in permanent Account closure and blacklisting from future access to our Services.

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.

17. Monitoring and Enforcement

17.1 eXact Digital LLC may actively monitor the Services, traffic patterns, system performance, and publicly visible User Content to ensure compliance with these Terms and to protect platform integrity.

17.2 Monitoring may include:

• Automated scans for malware, spam, or known abuse signatures;
• Resource consumption audits;
• Log analysis for unusual behaviors or security threats;
• Inbound and outbound network activity tracking.

17.3 Any suspected violations, abuse, or compromised systems may result in immediate intervention, including but not limited to:

• Rate-limiting or bandwidth throttling;
• Temporary suspension of Services;
• Disabling affected domains or scripts;
• Requesting remediation or cooperation from the User;
• Permanent termination in severe or repeated cases.

17.4 Users found intentionally evading restrictions, impersonating other users, manipulating billing or credits, or using compromised payment methods will be permanently banned and may be referred to law enforcement.

18. Suspension and Termination

18.1 You may cancel your subscription or request account termination at any time through your Account dashboard or by contacting our support team.

18.2 eXact Digital LLC reserves the right to suspend, restrict, isolate, throttle, null-route, remove IP addresses, block ports, terminate, or otherwise limit access to any Service, with or without prior notice, if eXact Digital LLC reasonably determines that such action is necessary to protect the Services, infrastructure, network, upstream providers, other customers, IP reputation, security, legal compliance, or eXact Digital LLC’s business interests. Grounds for suspension or termination include, without limitation:

• Non-payment, failed billing, or failure to maintain valid payment information;
• Chargebacks, payment reversals, or fraudulent payment disputes;
• Breach of these Terms, the Acceptable Use Policy, or the Fair Use and Resource Usage Policy;
• Excessive resource usage, fair use violation, or security risk;
• Abuse complaints, DMCA notices, law enforcement requests, regulatory action, or upstream provider instructions;
• Suspected fraud, unlawful activity, or any risk to infrastructure, network stability, IP reputation, or other customers.

18.3 Upon termination:

• Your access to the Platform and Services will be revoked;
• All data associated with your Account may be permanently deleted;
• Any remaining account credit or unused subscription time will be forfeited;
• You remain liable for any outstanding fees or damages incurred prior to termination.

18.4 eXact Digital LLC shall not be liable for any loss of data, business opportunity, or goodwill resulting from termination or suspension undertaken in accordance with these Terms.

19. Backups and Data Loss

19.1 While we strive to maintain system integrity and employ industry-standard data redundancy protocols, eXact Digital LLC makes no guarantees that User Content will not be lost or corrupted.

19.2 Unless you have explicitly purchased a paid backup add-on, you are solely responsible for maintaining your own up-to-date backups of website files, databases, emails, and configuration settings.

19.3 We may, in some cases, be able to assist in recovery efforts, but do so without obligation and offer no guarantees of restoration success. Recovery services may be subject to additional fees.

19.4 Data deleted due to account suspension, expiry, cancellation, or non-payment is not recoverable after 7 days unless otherwise required by law.

20. Modifications and Discontinuation

20.1 eXact Digital LLC reserves the right to modify, update, upgrade, rebrand, or discontinue any aspect of the Services at any time, with or without notice, provided such actions do not violate active service contracts.

20.2 This includes the right to:

• Deprecate legacy features or plans;
• Migrate infrastructure (e.g., from one data center to another);
• Replace bundled third-party tools (e.g., analytics, spam filters);
• Introduce new usage limits or pricing models for future purchases.

20.3 Where a material change adversely affects your current subscription, we will endeavor to provide at least 14 days’ prior notice and offer commercially reasonable alternatives or refund options.

20.4 We are not liable for any loss, damages, or inconvenience caused by the suspension or removal of optional features or discontinued promotional services.

21. Use of Third-Party Tools and Integrations

21.1 Our Services rely on and may integrate with third-party platforms, providers, and APIs to enhance performance, security, and functionality. Notable providers include:

• Cloudflare (for DNS, CDN, DDoS protection)
• Sensfrx or equivalent (for anti-fraud screening)
• Payment processors (e.g., Stripe, PayPal, crypto gateways)
• Analytics or monitoring platforms

21.2 You acknowledge that:

• Some data (e.g., IP addresses, usage metadata) may be transmitted to these third parties under lawful bases such as contract or legitimate interest;
• These third parties may apply their own terms, service conditions, and privacy practices, which we do not control;
• Certain features or protections (e.g., edge caching, CAPTCHA) may depend on the availability and continued operation of such integrations.

21.3 eXact Digital LLC disclaims any liability for service interruptions, data loss, or degraded performance arising directly from third-party outages, software bugs, or upstream provider errors.

21.4 We reserve the right to change third-party vendors, partners, or processors at any time. Users will be notified of significant changes that materially impact data handling, pricing, or service continuity.

22. Intellectual Property Rights

22.1 All content, materials, software, interfaces, designs, systems, trademarks, and service marks provided by eXact Digital (excluding User Content) are the intellectual property of eXact Digital LLC or its licensors and are protected under applicable copyright, trademark, patent, and other intellectual property laws.

22.2 You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Services solely for your personal or internal business purposes, subject to these Terms.

22.3 You may not:

• Copy, modify, reproduce, republish, display, distribute, or create derivative works from any part of the Platform;
• Reverse engineer, decompile, or disassemble any software or functionality used by or in connection with the Services;
• Use eXact Digital branding, logos, or marks without our prior written permission.

22.4 All rights not expressly granted herein are reserved by eXact Digital. Any unauthorized use of the Platform or Services may result in immediate termination of your Account and may constitute a violation of applicable intellectual property laws.

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.

24. Limitation of Liability

24.1 To the maximum extent permitted by applicable law, in no event shall eXact Digital LLC, its owners, officers, directors, employees, contractors, affiliates, suppliers, providers, or licensors be liable to you or any third party for:

• Any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages;
• Any loss of profits, revenue, data, goodwill, business opportunity, business interruption, or service availability, even if advised of the possibility of such damages;
• Any costs of substitute goods or services, loss of use, or downtime costs;
• Any unauthorized access to or alteration, loss, or corruption of your data, content, or systems.

24.2 To the maximum extent permitted by applicable law, eXact Digital LLC’s total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the amounts paid by the Customer to eXact Digital LLC for the affected Service during the three (3) months immediately preceding the event giving rise to the claim.

24.3 Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain types of damages; in such jurisdictions, eXact Digital LLC’s liability shall be limited to the maximum extent permitted by applicable law.

25. Indemnification

25.1 You agree to defend, indemnify, and hold harmless eXact Digital LLC, its owners, officers, directors, employees, contractors, affiliates, providers, and agents from and against any claims, damages, liabilities, losses, costs, penalties, fines, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Customer’s use or misuse of the Services;
• Customer’s breach or alleged breach of these Terms;
• Customer’s content, hosted materials, User Content, or data;
• Customer’s violation of applicable laws or third-party rights; abuse complaints, security incidents, or legal proceedings caused by Customer systems; or activity under Customer’s account, VPS, server, IP address, or credentials.

25.2 eXact Digital LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense and reimburse any costs reasonably incurred.

25A. DMCA and Copyright Complaints

25A.1 eXact Digital LLC respects intellectual property rights. Where applicable, eXact Digital LLC may process copyright complaints under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. This section does not constitute legal advice and does not guarantee any particular legal outcome.

25A.2 Copyright owners or their authorized representatives who believe that content hosted through eXact Digital LLC’s Services infringes their copyright may submit a written notice to support@exact.gg with the subject line “DMCA Notice.” The notice should include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and its location within the Services; (c) contact information for the complainant; (d) a statement of good-faith belief that the use is not authorized by the copyright owner; and (e) a statement under penalty of perjury that the information in the notice is accurate and that the complainant is authorized to act on behalf of the copyright owner.

25A.3 Upon receipt of a valid and complete notice, eXact Digital LLC may, in its discretion, remove or disable access to the allegedly infringing content. eXact Digital LLC reserves the right to terminate Services for customers who are repeat infringers.

25A.4 eXact Digital LLC is not responsible for evaluating the legal merits of any copyright claim. Submission of a DMCA notice does not guarantee action, and customers who believe a takedown was erroneous may submit a counter-notice in accordance with applicable law.

26. Privacy and Data Protection

26.1 By using the Services, you agree to the terms of our Privacy Policy, which explains how we collect, use, store, and disclose your personal data in accordance with applicable privacy laws. Use of the Services is also subject to any applicable data protection laws in your jurisdiction, which may include the CCPA, GDPR, and other applicable statutes depending on your location.

26.2 You acknowledge that we may process certain types of personal data (e.g., name, email, address, usage logs, payment history) as necessary to:

• Provide and maintain the Services;
• Detect, investigate, and prevent fraud or abuse;
• Comply with legal obligations and domain registration requirements (e.g., WHOIS).

26.3 Some data may be processed by trusted third-party processors, including data centers, payment gateways, fraud detection services, and analytics providers. Such data transfers may involve jurisdictions outside the United States or your country of residence. Where applicable and required by law, we implement appropriate safeguards for such transfers.

26.4 You may have certain rights under applicable data protection laws, including rights of access, correction, deletion, or restriction of processing, to the extent required by applicable law. Please refer to our Privacy Policy or contact support@exact.gg for assistance.

27. Force Majeure

27.1 eXact Digital shall not be liable or considered in breach of these Terms for any delay, failure, or interruption in performance resulting directly or indirectly from causes beyond our reasonable control, including but not limited to:

• Acts of God;
• Internet service disruptions;
• Labor strikes or disputes;
• Cyberattacks or network outages;
• War, terrorism, or civil unrest;
• Regulatory or legal action by government authorities;
• Pandemics or other public health emergencies.

27.2 During the duration of such events, our obligations under this Agreement will be suspended to the extent affected. We will make reasonable efforts to resume Services as soon as practicable.

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.

29. Support and Communications

29.1 eXact Digital offers customer support through the following channels:

• Email support support@exact.gg;
• Live chat via our website for real-time assistance;
• Discord-based ticketing system, available to all users;
• Web-based support tickets submitted through the client dashboard at https://exact.gg.

29.2 Standard support is available 24/7, although actual response times may vary depending on demand, complexity of issue, and plan level. While most tickets are resolved significantly faster, the maximum expected response time is 16 hours.

29.3 By creating an Account or using the Services, you consent to receiving service-related communications from us, which may include:

• Notices about your account status or billing.
• Policy changes or updates.
• Incident or outage notifications.
• Renewal or expiration reminders.
• Service optimization suggestions or surveys.

29.4 You may also receive promotional or marketing communications, which you can opt out of at any time using the unsubscribed link or account settings. Essential service communications, however, are mandatory and cannot be opted out of unless you close your Account.

30. Modification of Terms

30.1 eXact Digital LLC may update these Terms from time to time, including to reflect changes in law, Services, pricing, infrastructure, security practices, upstream provider requirements, abuse-prevention practices, fair use policies, acceptable use policies, or business operations. eXact Digital LLC reserves the right to modify or replace these Terms at any time, with or without prior notice. Any such changes will become effective upon posting the updated Terms on the Platform.

30.2 We may notify you of material changes via:

• Email (to your registered address);
• In-app dashboard notifications.
• Prominent display on our website.

30.3 Your continued use of the Services after such changes take effect constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Services and close your Account.

31. Severability

31.1 If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or competent authority, the remaining provisions shall remain in full force and effect.

31.2 The invalid or unenforceable provision shall be modified to the extent necessary to make it valid and enforceable, while preserving the intent of the original provision as closely as possible.

32. Entire Agreement

32.1 These Terms, together with the Privacy Policy, Cookie Policy, SLA, and any other referenced agreements or policies, constitute the entire agreement between you and eXact Digital LLC and supersede all prior agreements, understandings, negotiations, or representations, whether oral or written.

32.2 No waiver, amendment, or modification of these Terms will be binding unless made in writing and signed by both parties or published by eXact Digital in an official update.

33. Waiver

33.1 No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.

33.2 Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of eXact Digital.

34. Contact Information

If you have any questions about these Terms, wish to submit a legal notice, abuse report, or DMCA complaint, you may contact eXact Digital LLC at:

eXact Digital LLC

Email: support@exact.gg

Privacy-related inquiries: support@exact.gg

Abuse reports: support@exact.gg

35. Legal Notices and Disputes

35.1 Any legal notice required or permitted under these Terms must be sent via email to support@exact.gg with the subject line clearly marked “LEGAL NOTICE”. eXact Digital LLC may update its designated legal contact address from time to time; the current contact address will be posted on the Platform.

35.2 Formal legal service of process on eXact Digital LLC should be directed to eXact Digital LLC at its registered address in Colorado, United States (available upon written request to support@exact.gg).

35.3 In the event of a legal dispute:

• The matter shall first attempt to be resolved through good faith negotiations between the parties.
• If unresolved, the dispute shall be submitted to the exclusive jurisdiction of the courts located in Colorado, United States, subject to any mandatory consumer protection rights that may apply.

36. Final Provisions

36.1 These Terms shall be interpreted in accordance with their plain meaning and not against the drafting party.

36.2 Section headings are for convenience only and do not affect the interpretation of the Terms.

36.3 You may not assign or transfer your rights or obligations under these Terms without prior written consent from eXact Digital. Any unauthorized assignment shall be null and void.

36.4 eXact Digital LLC may freely assign these Terms, including any of our rights or obligations hereunder, in connection with a merger, acquisition, corporate reorganization, or sale of assets.