These terms and conditions ("Terms") govern the use of the web hosting and allied services provided by https://exact.gg/ ("We," "Us," or "Our"). By signing up for or using our services, you ("Customer" or "You") acknowledge that you have read, understood, and agreed to be bound by these Terms. These Terms constitute a legally binding agreement between you and our Company. If you do not agree with any provision of these Terms, you should not sign up for or use our services. It is your responsibility to read these Terms carefully before using our services.
2. ELIGIBILITY; AUTHORITY:
By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accessing or using our services on behalf of a company, organization, or other legal entity, you further represent and warrant that you have the authority to bind such entity to these Terms. If you do not meet these eligibility requirements or do not have the necessary authority, you must not use our services.
We reserve the right to request proof of age or authority at any time to verify compliance with this provision. Failure to provide satisfactory evidence may result in the suspension or termination of your account and the services we provide.
3. SERVICE PROVISION
3.1 Service Offerings: We offer a range of services, including web hosting, reseller hosting, and site builder services. The specific features and functionalities of each service are outlined on our website and may be subject to separate terms and conditions.
3.2 Account Setup: Upon receipt of payment, we will promptly set up your web hosting or other account. It is your responsibility to provide accurate and complete information during the signup process. You agree to provide us with current, up-to-date, and valid information, including your name, contact details, billing information, and any other requested details. You understand that failure to provide accurate information may result in delays in the setup of your account or the suspension/termination of your services.
3.3 Data Processing: In order to provide our services effectively, we may collect and process personal data as required. This may include, but is not limited to, your name, address, email address, telephone number, payment information, and any other data necessary for the provision of our services. We are committed to protecting your privacy and handling your personal data in accordance with applicable data protection laws and regulations.
4. ACCOUNT MANAGEMENT ACCESS (ACCOUNT SHARING)
4.1 Account Ownership: The account provided to you is personal and non-transferable. You agree that the account and its associated resources are for your exclusive use and that you will not share, resell, or transfer access to your account or any part of it to any third party without our prior written consent.
4.2 Authorized Account Access: You are solely responsible for maintaining the confidentiality and security of your account login credentials. You acknowledge that sharing your account login information with others may compromise the security of your account and the data contained within it. Therefore, you agree not to share your account login credentials with any third party unless explicitly authorized by our company.
4.3 Unauthorized Account Sharing: In the event that we detect unauthorized account sharing, we reserve the right to suspend or terminate your account without prior notice. We may also take appropriate legal action to protect our interests and the integrity of our services.
4.4 Responsibility for Account Usage: You are responsible for all activities conducted under your account, whether authorized by you or not. You agree to promptly notify us of any unauthorized use or security breach related to your account. We shall not be liable for any damages or losses resulting from unauthorized access to your account due to your failure to maintain the confidentiality of your login credentials or to promptly notify us of any unauthorized activity.
5. PAYMENT AND REFUNDS
5.1 Payment: By using our services, you agree to pay the fees for the selected hosting package in advance. The applicable fees are specified on our website and may vary depending on the hosting plan and billing cycle chosen. We accept various payment methods, as specified on our website. You authorize us to charge your chosen payment method for the agreed-upon fees.
5.2 Refund Policy: We are committed to your satisfaction and stand behind the quality of our services. Therefore, we offer a 14-day money-back guarantee. If, for any reason, you are unsatisfied with our services within the first 14 days of your initial order, you may request a refund by contacting our customer support. The refund will be issued according to the original payment method used for the purchase, minus any applicable setup fees or domain registration charges. Please note that the refund policy is applicable only to the initial order and does not apply to any subsequent renewals or additional services.
5.3 Refunds Process: Refund requests must be submitted within the 14-day refund period. We will process refund requests promptly and aim to issue the refund within 14 days of receiving a valid refund request. However, we reserve the right to refuse or delay refunds if we suspect any violations of these Terms or abusive behavior on the part of the customer. In such cases, we may request additional information or clarification to assess the eligibility for a refund. We will communicate any decision regarding refund requests to the customer's registered email address.
5.4 Please note that refunds are subject to the terms and conditions of any third-party payment processors or financial institutions involved in the transaction. We shall not be liable for any delays or issues in the refund process caused by such entities.
5.5 For any inquiries or assistance related to payments or refund requests, please contact our customer support team through the designated channels provided on our website.
6. CUSTOMER RESPONSIBILITIES
6.1 Acceptable Use:
You agree to use our services only for lawful purposes and in compliance with all applicable laws, regulations, and industry standards. You shall not engage in any activities that may harm our infrastructure, impair the performance of our services, or interfere with the use of our services by other customers. Prohibited activities include, but are not limited to:
a) Transmitting, distributing, or storing any material that infringes upon the intellectual property rights, privacy rights, or any other rights of any individual or entity.
b) Engaging in any form of unauthorized access, including but not limited to hacking, password mining, or any other illegal activities.
c) Uploading, transmitting, or distributing any malicious software, viruses, worms, or other harmful computer code.
d) Engaging in any activity that disrupts or interferes with the integrity or security of our network or systems, or with the accounts of other customers.
e) Using our services to send unsolicited bulk email (spam) or engage in any form of mass mailing, phishing, or fraudulent activities.
f) Engaging in any activity that violates the rights of others or is abusive, defamatory, or offensive.
6.2 Account Security:
You are responsible for maintaining the security of your account, including your login credentials. You agree to:
a) Keep your account information, including passwords, confidential and secure.
b) Prevent unauthorized access to your account by regularly updating and strengthening your passwords.
c) Notify us immediately if you suspect any unauthorized use or security breach of your account.
d) Assume full responsibility for all activities conducted under your account, whether authorized by you or not, until you have notified us of any unauthorized access.
6.3 Data Backup
a) Backup Responsibility: While we strive to maintain reliable data backups, you are solely responsible for the backup of your data. We strongly recommend that you regularly backup your files and data to prevent any loss. We shall not be held responsible for any loss, corruption, or unauthorized access to your data.
b) Backup Tools and Assistance: We may provide backup tools or resources, but their use and effectiveness remain your responsibility. Any assistance we provide regarding backups is purely a courtesy, and we do not guarantee the availability, completeness, or restoration of your data.
c) Data Loss: In the event of data loss or corruption, we will make reasonable efforts to restore data from our available backups. However, we cannot guarantee the recovery of all lost or corrupted data. It is your responsibility to maintain independent backup copies of your data.
d) By using our services, you acknowledge and agree to comply with the acceptable use policy, ensure the security of your account, and assume responsibility for backing up your data. We reserve the right to suspend or terminate your services in case of any violations or security breaches.
7. LIMITATION OF LIABILITY
7.1 Service Availability: We strive to provide uninterrupted service availability and maintain the highest level of service quality. However, due to the inherent nature of web hosting services and factors beyond our control, we cannot guarantee that our services will be error-free, uninterrupted, or available at all times. We shall not be held liable for any damages, losses, or inconveniences arising from service interruptions, including but not limited to:
a) Downtime caused by scheduled maintenance or system upgrades.
b) Network or hardware failures, including those of our third-party service providers.
c) Software conflicts, compatibility issues, or other technical difficulties.
d) Force majeure events, such as natural disasters, acts of war, terrorism, or government regulations.
7.2 Limitation of Liability: To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to these Terms or the use of our services. This includes, but is not limited to:
a) Loss of profits, revenue, business opportunities, or data.
b) Damage to reputation, goodwill, or customer relationships.
c) Costs incurred for the procurement of substitute services or technologies.
In any event, our total liability, whether arising from contract, tort (including negligence), or any other legal theory, shall not exceed the total amount paid by you for the affected hosting services during the two (2) months preceding the event giving rise to the liability.
This limitation of liability applies even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you. In such cases, our liability shall be limited to the extent permitted by applicable law.
8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
8.1 We strive to provide reliable and high-quality services. However, to the extent permitted by applicable law, we provide our services on an "as is" and "as available" basis. We make no representations or warranties of any kind, whether express, implied, or statutory, regarding the operation, performance, or availability of our services.
8.2 We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses, malware, or other harmful components. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or title.
8.3 Any content, materials, or information obtained through the use of our services is accessed at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that may result from the use of our services.
8.4 We do not endorse, warrant, or assume responsibility for the accuracy, completeness, reliability, or usefulness of any content, products, services, or other materials obtained through our services or accessed on third-party websites linked from our services.
8.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above disclaimers and limitations may not apply to you to the extent prohibited by applicable law.
8.6 You understand and agree that any reliance on our services or any content, materials, or information obtained through our services is solely at your own risk. We shall not be liable for any damages or losses, whether direct, indirect, incidental, consequential, or punitive, arising out of or in connection with your use of our services or reliance on any content, materials, or information obtained through our services.
9.1 Termination by Customer: You have the right to terminate your hosting services at any time by providing us with a written notice of termination. Termination requests must be submitted through our designated customer support channels. Upon receipt of your termination notice, we will process the request promptly and confirm the termination of your hosting services. Please note that termination does not relieve you of any outstanding payment obligations.
9.2 Termination by Us: We reserve the right to terminate your hosting services immediately and without prior notice if you violate these Terms or engage in any activities that may harm our infrastructure, compromise the security of our systems, or negatively impact other customers' ability to use our services. Such violations may include, but are not limited to, engaging in illegal activities, distributing malicious software, or engaging in any form of abusive or disruptive behavior. In the event of termination by us, we will provide you with a written notice specifying the reasons for termination. In such cases, you shall not be entitled to any refunds for the remaining unused portion of the hosting services. We may also pursue any legal remedies available to us under applicable laws or regulations.
a) Modification of Terms: We reserve the right to modify or update these Terms at any time in order to reflect changes in our services, legal requirements, or industry practices. Any changes to these Terms will be effective immediately upon posting the revised Terms on our website. It is your responsibility to review these Terms periodically to stay informed of any modifications. Your continued use of our services after the posting of revised Terms constitutes your acceptance of such changes.
b) Entire Agreement: These Terms, along with any additional agreements, policies, or guidelines incorporated by reference, constitute the entire agreement between you and our company regarding the subject matter herein. They supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written, between you and us relating to the use of our services.
c) Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of UK without regard to its conflict of laws principles. Any disputes arising under or in connection with these Terms, including disputes regarding their existence, validity, interpretation, performance, or termination, shall be exclusively subject to the jurisdiction of the courts of UK.
By using our services, you acknowledge that you have read, understood, and agreed to these comprehensive Terms and Conditions. If you do not agree with any provision of these Terms, you should not use our services.