Terms of Service

Version 1.0

XMRHost Terms of Service (v1.0)

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, PLACING AN ORDER, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, WITHOUT MODIFICATION.

1. ACCEPTANCE; MODIFICATION
1.1. These Terms constitute a legally binding agreement between you ("Customer") and the operator of this service ("we", "us", "our", "the Service").
1.2. We may amend these Terms at any time, in our sole discretion, by publishing an updated version. Continued use of the Service after an amendment takes effect constitutes acceptance of the amended Terms. It is your sole responsibility to review these Terms periodically.
1.3. If you do not agree to these Terms, in whole or in part, your sole and exclusive remedy is to discontinue use of the Service immediately.

2. PAYMENTS, PRICING & NO REFUNDS
2.1. ALL SALES ARE FINAL. ALL PAYMENTS ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCES, for any reason, including but not limited to dissatisfaction, change of mind, non-use, partial use, early termination, suspension, or termination of an account or order, whether initiated by you or by us, and regardless of cause.
2.2. Monero payments are irreversible by the nature of the underlying network. We have no mechanism to, and will not, reverse, refund, credit, or otherwise compensate a completed payment under any circumstance.
2.3. Any refund, credit, discount, or other accommodation offered at any time is offered entirely at our sole and unfettered discretion, on a case-by-case basis, and does not constitute a waiver of this Section or an obligation to do so again.
2.4. We reserve the right to change pricing, plan contents, bandwidth allocations, or any other feature of any product at any time, without notice, effective for future orders.
2.5. Underpayment, overpayment, late payment, or non-payment may result in an order not being provisioned, or in suspension or termination of an existing service, without further notice and without refund of any amount already paid.

3. NO WARRANTIES; NO SERVICE LEVEL COMMITMENT
3.1. THE SERVICE IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
3.2. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED.
3.3. DOWNTIME, OUTAGES, DEGRADED PERFORMANCE, DATA LOSS, LATENCY, OR UNAVAILABILITY OF ANY KIND MAY OCCUR AT ANY TIME, FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO MAINTENANCE, UPSTREAM PROVIDER FAILURE, NETWORK FAILURE, HARDWARE FAILURE, FORCE MAJEURE, THIRD-PARTY ACTION, GOVERNMENTAL ACTION, OR OUR OWN NEGLIGENCE, AND NO SUCH EVENT SHALL GIVE RISE TO ANY LIABILITY, CREDIT, REFUND, OR OTHER REMEDY WHATSOEVER.
3.4. No uptime percentage, response time, bandwidth guarantee, or other performance metric is promised, implied, or owed under any circumstance, notwithstanding anything stated in marketing copy, plan descriptions, or elsewhere.

4. ACCEPTABLE USE
4.1. No illegal content or activity of any kind, including but not limited to content or activity illegal in any jurisdiction connected to the Service's infrastructure, your own jurisdiction, or any jurisdiction a visitor to your content may be located in.
4.2. You are solely and exclusively responsible for all content, data, and activity under your account, however caused.
4.3. The site proxying product is intended for a web application's ordinary request/response traffic. It may not be used primarily for serving large static files, image hosting, video hosting or streaming, file sharing or distribution, or other bulk-bandwidth content delivery. We reserve the right, in our sole discretion and without notice, to throttle, suspend, or terminate any subscription used in a manner inconsistent with this Section.
4.4. By ordering a proxy subscription for a domain, you represent and warrant that you own or are validly authorized to administer that domain and its origin server. WE ACCEPT NO LIABILITY WHATSOEVER arising from a domain proxied without proper authorization, and you alone bear full responsibility and liability for any such misrepresentation and any consequence flowing from it.
4.5. By ordering a domain registration, you represent and warrant that your intended use is lawful. WE ACCEPT NO LIABILITY WHATSOEVER for how a registered domain is subsequently used by you or any third party.
4.6. We reserve the right to refuse, suspend, or terminate service to any person or entity, for any reason or no reason, at any time, in our sole discretion, without liability.

5. ABUSE, LEGAL REQUESTS & ENFORCEMENT
5.1. We may, but are not obligated to, comply with abuse or legal requests concerning our infrastructure that we determine, in our sole discretion, to be valid.
5.2. We aim to review abuse reports before acting on them but are under no obligation to do so, and reserve the right to suspend or terminate any service immediately and without prior review if we determine it necessary.
5.3. Domain registrations for .ru/.su are additionally subject to the relevant registry's own policies, which we do not control and for which we accept no responsibility.

6. DISCLAIMER OF LIABILITY
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR OPERATORS, AFFILIATES, OR ANY PERSON ACTING ON OUR BEHALF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE, THESE TERMS, OR YOUR USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2. WE BEAR NO FAULT AND NO RESPONSIBILITY FOR ANY OUTCOME ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF ACCESS, LOSS OF FUNDS, REPUTATIONAL HARM, OR ANY ACTION TAKEN AGAINST YOU BY A THIRD PARTY, A REGISTRY, A PAYMENT NETWORK, OR ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL BODY.
6.3. To the extent any liability cannot be excluded under applicable law, our total aggregate liability arising out of or relating to the Service, however caused, shall not exceed the lesser of (a) the amount you paid us for the specific order giving rise to the claim, or (b) fifty euros (€50).
6.4. You expressly waive, to the maximum extent permitted by law, any claim for retribution, punitive recovery, or consequential recourse against us arising from any suspension, termination, outage, data loss, or other event connected with the Service.
6.5. You agree to indemnify, defend, and hold harmless the Service and its operators from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your content, your violation of these Terms, or your violation of any third party's rights.

7. ASSUMPTION OF RISK
7.1. You acknowledge that Monero transactions are irreversible, that you are solely responsible for sending the correct amount to the correct address, and that we bear no responsibility for lost, misdirected, underpaid, or unconfirmed transactions.
7.2. You acknowledge that services dependent on third-party infrastructure (registries, upstream providers, network carriers) may be affected by circumstances entirely outside our control, and you assume all risk associated with such dependency.

8. SEVERABILITY; ENTIRE AGREEMENT; GOVERNING TERMS
8.1. If any provision of these Terms is held unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
8.2. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
8.3. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision.