Terms of Service

Terms of Service

Changes to the Terms of Service

We may modify the Terms of Service from time to time and are not obligated to notify you. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. You understand and agree that your continued access to or use of the website and/or services after any posted modification to the Terms indicates your acceptance of the modification.

Data Transfer

In most cases, if you use our services consistently within the Terms of Service and these paragraphs, you will not need to worry about how much bandwidth your server is using. Exonia Hosting will use its 3rd party monitoring software to monitor the amount of bandwidth each service uses. You will be charged the appropriate bandwidth overage fees if the limit is exceeded.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Exonia Hosting is strictly prohibited. Exonia Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to Exonia Hosting, will result in action against you. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE - Exonia Hosting has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown here WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined within. You may not run IRC, bots or clients on dedicated servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Exonia Hosting to be unacceptable use of our services including abuse of server resources. The severity of each abuse type is determined by the Exonia Hosting Abuse Department. You will be notified via a support ticket about any abuse complaints originating from your IP address and your service may be suspended. In the event of a severe abuse complaint, you may be subject to an administrative fine or service termination.

99.9% Uptime Guarantee

(1.) COVERAGE - This 99.9% uptime guarantee applies to any customer in good standing with Exonia Hosting at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Exonia Hosting endeavours to have the content of your services available for access by any party in the world 99.9% of the time. Network downtime ("unavailability") is defined as 99.9% packet loss from Exonia Hosting to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Exonia Hosting's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by contacting support via email. Exonia Hosting's administrators will determine the end of the downtime by a traceroute to your machine from outside the Exonia Hosting network.
(3a.) HOSTING CREDITS - In the event that your service is unavailable for less than 99.9%, Exonia Hosting will credit the following month's service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit:
- 95% to 99.5% - your account will be credited 5% of your monthly hosting fee
- 90% to 94.9% - your account will be credited 10% of your monthly hosting fee
- 89.9% or below - your account will be credited 15% of your monthly hosting fee
(3b.) UNMANAGED DEDICATED SERVERS - For unmanaged dedicated server customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by you for the services during that monthly period. In addition, for unmanaged dedicated servers, you may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month. In order for you to receive a credit on your account, you must request such credit within five (5) days after you experienced the downtime. You must request credit by sending an e-mail message to admin@exoniahosting.com. For security, the body of this message must contain your first and last name, the dates and times of the unavailability of your service, and such other customer identification requested by Exonia Hosting. Credits will usually be applied within ten (10) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS - Credit shall not be provided to you in the event that you have any outage resulting from:
- Scheduled maintenance as posted from time to time by Exonia Hosting,
- Your behavior or the performance or failure of your equipment, facilities or applications,
- Circumstances beyond Exonia Hosting's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your service,
- you breaking any agreement policy in Exonia Hosting's "Terms & Conditions and AUP" causing a machine to fail as a result.

Account Credit

Any account credit stored within your billing account is non-refundable. This includes, but is not limited to, credit received from Exonia Hosting's SLA, adding funds, invoice overpayment, etc.

Refunds

Our refund policy is subject to change at any time. New game hosting, web hosting, andservices, excluding but not limited to, dedicated servers, vps/vds services, and reseller packages are entitled to a refund, if a request is submitted. A refund request must be submitted within 24 business hours from the time of purchase, and this request must be submited via email, or support ticket via our ticketing system. Any request made after 24 hours of purchase or not made via our email or ticketing system will not be honored, and will be ignored. Refunds will only be given to clients who are in a good standing status within Exonia Hosting. This refund policy is only valid for new clients at Exonia Hosting. New clients are defined to have no previous active orders within Exonia Hosting.

Overdue Invoices

Under the circumstance that a client's invoice becomes overdue, their service will be suspended. Files and associated control panel accounts will be kept for a two (2) day grace period. After the second day, the suspended service and associated accounts are subject to cancellation and removal at any time.

Chargebacks

In the event that you decide to issue a chargeback or file a PayPal dispute on any service Exonia Hosting offers, your service will be suspended until the funds are once again available to us.

Fair Use

The Fair Use Policy applies to game servers and resellers only and is subject to change at any time without notification of update. For game hosting, fair use simply means that your server(s) will be allowed to use as many resources as needed for it to run at peak performance relative to other users resource usage. In other words, if 98% of users are running 512MB of memory and you are using 3GB, that would be violating the fair use policy and our game panel automatically cuts the server off from resources. This rarely becomes a problem and should not be something to worry about. For game resellers, fair use is defined as 6GB of memory allotted for Minecraft servers (unless more is purchased), and for all other game services it is calculated the same as game hosting. Minecraft and Rust do not count for reseller slot limits, however those are the only services for resellers that require a memory limit.

Technical Support Boundaries

Exonia Hosting provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is Exonia Hosting neither obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously.

Dedicated Server Provisioning

Exonia Hosting guarantees that new orders of any dedicated servers will be setup and accessible by the client within the allotted time listed on each individual product, which is usually 24 hours. If Exonia Hosting fails to do so, you will receive 50% of the setup fee as an account credit if the setup is within 72 hours, and 100% of the setup fee is the provisioning time exceeds 72 hours.

Data Integrity

You agree that data stored by Exonia Hosting is not guaranteed. Exonia Hosting recommends that clients backup their data to their personal computers or storage servers. You are responsible for your own data.

Cancellation of Service

WExonia Hosting reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Exonia Hosting if we institute our right of cancellation. Setup fees are refundable only if the account order is cancelled prior to account activation. All account cancellations must be done via our ticketing and/or billing system. E-mail requests will not constitute acceptance of any cancellation and will be ignored for security purposes. If a service is associated with an overdue invoice as per our billing system, that service is able to be deleted/removed/cancelled/terminated at any time while the invoice is marked as overdue and any lost data due to the termination is the client's responsibility.

Intellectual Property Rights

Material accessible to you through Exonia Hosting's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, you must not use Exonia Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Exonia Hosting network. If you use a domain name in connection with Exonia Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Exonia Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Exonia Hosting will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

IP Address Ownershipt

Exonia Hosting shall maintain and control all IP numbers and addresses that may be assigned to you by Exonia Hosting. Exonia Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Lawful Purpose

Exonia Hosting reserves the right to refuse service to anyone. You may only use Exonia Hosting services for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limited to material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Exonia Hosting management. If illegal content or usage is found, the account will be suspended and/or terminated. You agree that Exonia Hosting may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of agreeing to this agreement, you agree that for purposes of venue these Terms are entered in Tampa, Florida, and any dispute will be litigated or arbitrated in Tampa, Florida. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Florida courts.

Idemnification

YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Exonia Hosting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Exonia Hosting, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Exonia Hosting AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Exonia Hosting'S SERVICES, (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY, AND (3) COPYRIGHT INFRINGEMENT.

Disclaimer

Exonia Hosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Exonia Hosting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, FOR SERVICES WE PROVIDE. Exonia Hosting DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Exonia Hosting AND ITS EMPLOYEES. Exonia Hosting RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS, AND DEDICATED SERVERS OF Exonia Hosting MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION, SUSPENSION, TERMINATION, OR DELETION.