Terms of Service

1. Acceptance

By creating an account, placing an order, or using the Services, you agree to these Terms and to our Privacy Policy, Acceptable Use Policy, Anti-Spam Policy, and Copyright & DMCA Policy (together, the "Policies"), each incorporated by reference. If you do not agree, do not use the Services. If you accept on behalf of an organization, you represent that you have authority to bind that organization.

2. Privacy and data protection

Our Privacy Policy explains how we collect and use personal data. Customers in the European Economic Area (EEA), United Kingdom, and Switzerland should also read our EEA / GDPR Notice. Where we process personal data on your behalf as a processor (for example, data your end users store on your servers), you are responsible for your own legal bases, notices, and data processing agreements with those individuals.

3. Changes to the Services and Terms

We may update these Terms or the Services at any time. We will post updated Terms with a revised "last updated" date and, where required by law, provide additional notice or request your consent before changes take effect. Price or material service changes for paid subscriptions generally apply after your current billing period unless we agree otherwise in writing. Continued use after the effective date constitutes acceptance where permitted by law. If you do not agree, you must stop using the Services and cancel active subscriptions.

4. Eligibility and accounts

You must be at least 18 years old (or the age of majority where you live) and able to enter a binding contract. You must provide accurate registration information and keep it current. You are responsible for all activity under your account, including actions by your users, contractors, or anyone who accesses your instances. Keep credentials confidential and notify us promptly via the contact form or support email address published on our website and in the customer portal if you suspect unauthorized access. We may require verification, suspend accounts with inaccurate information, or reclaim usernames that violate third-party rights.

5. Services we offer

Subject to these Terms and your plan, we provide cloud and hosting services that may include, without limitation:

• Virtual machines and Linux containers (including Proxmox-based compute) for general workloads and shared-style hosting.
• Game server hosting (including panel-based game servers, modpacks, and related integrations such as CurseForge where enabled).
• Quick Apps and similar appliance deployments (for example TurnKey-based applications such as WordPress).
• Networking features such as assigned IPs, reverse proxies, testing domains, and custom domains where offered.
• Optional add-ons such as managed backups, high availability, or enhanced support when purchased.
• Experimental or promotional programs (including free tier or trial offerings) subject to additional limits.
• A customer portal for ordering, billing, console access, file management, support, and account administration.

6. Product-specific terms

Certain products may display additional terms at checkout or in the catalog (for example billing mode, resource limits, or acceptable use addenda). Those terms supplement these Terms. If there is a conflict, the product-specific terms control for that product only.

7. Incorporated policies

You must comply at all times with our Acceptable Use Policy and Anti-Spam Policy. Copyright complaints are handled under our Copyright & DMCA Policy. Violations may result in immediate suspension, termination without refund, content removal, and reporting to law enforcement or rights holders where appropriate.

8. Your content and end users

You retain ownership of content you upload, host, or transmit through the Services ("Customer Content"). You grant us a limited license to host, copy, transmit, and display Customer Content solely to provide and secure the Services. You are solely responsible for Customer Content and for the acts of your end users (for example players on a game server or visitors to a site you host). You represent that you have all rights necessary for Customer Content and that it does not violate law or third-party rights. We do not routinely monitor all Customer Content but may do so to enforce these Terms, comply with law, or protect our network. We may cooperate with law enforcement and rights holders and preserve or disclose information as required by law.

9. Security and maintenance

You are responsible for securing your operating systems, applications, passwords, SSH keys, panels, and firewalls. We may perform maintenance, migrations, or emergency actions that affect availability. You must not attempt to probe, scan, or breach our systems or other customers' systems. Security violations may result in immediate termination.

10. Backups and data loss

Unless a separate written agreement says otherwise, you are responsible for maintaining your own backups. Optional backup add-ons are provided on a commercially reasonable basis but are not guaranteed to be complete, restorable, or error-free. We are not liable for loss or corruption of Customer Content except where liability cannot be excluded by applicable law.

11. Fees, billing, and taxes

Fees are shown at order and in your account. Recurring plans renew automatically for successive periods of the same length unless you cancel before renewal. You authorize us and our payment processors (such as Stripe) to charge your payment method for fees, taxes, and usage overages. Failure to pay may result in suspension or termination. Fees are generally non-refundable except where required by law or stated in writing. You are responsible for applicable taxes unless we are required to collect them. Chargebacks without good faith contact may result in account closure.

12. Third-party services

The Services may integrate with or depend on third parties (for example payment processors, game panels, mod platforms, email providers, analytics, or TurnKey appliances). Those services are governed by their own terms. We are not responsible for third-party outages, data practices, or license compliance on your part.

13. Suspension and termination

You may cancel subscriptions according to portal controls and billing terms. We may suspend or terminate the Services immediately for breach of these Terms or Policies, non-payment, fraud, malware or illegal activity, network abuse, or risk to us or others. We may terminate without cause on notice where permitted. On termination, access ends and we may delete Customer Content after any grace period stated in your account or required by law. Provisions that by nature should survive (including payment obligations, disclaimers, liability limits, and indemnity) survive termination.

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUPPLIERS OR AFFILIATES ARE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICES IS LIMITED TO THE FEES YOU PAID US FOR THE SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.

16. Indemnification

You will defend, indemnify, and hold harmless Ferrix Systems and its affiliates, officers, and employees from claims, damages, losses, and expenses (including reasonable legal fees) arising from your Customer Content, your use of the Services, your end users, or your breach of these Terms or Policies, except to the extent caused by our gross negligence or willful misconduct.

17. European Union and UK consumers

If you are a consumer in the EEA, UK, or Switzerland, mandatory local law may give you rights that cannot be waived by contract. Nothing in these Terms limits statutory consumer rights, including rights relating to defective digital services where applicable. Distance-contract withdrawal rights may apply to certain purchases; where a statutory right of withdrawal exists and you request service to begin during the withdrawal period, you may lose that right once performance begins — we will present any required checkout acknowledgements separately. For EU/UK data protection requests, see our Privacy Policy and EEA / GDPR Notice.

18. Export and sanctions

You may not use the Services in violation of export control or sanctions laws. You represent that you are not located in, under control of, or a resident of any country or person prohibited by applicable sanctions programs.

19. Governing law and disputes

These Terms are governed by the laws of the jurisdiction where Ferrix Systems is established, without regard to conflict-of-law rules, except where mandatory consumer law in your country of residence requires otherwise. Courts in that jurisdiction have exclusive venue for disputes unless mandatory law provides otherwise. Before filing suit, the parties agree to attempt good-faith resolution through the contact form or support email address published on our website and in the customer portal for at least thirty (30) days.

20. General

These Terms and the Policies are the entire agreement regarding the Services. If any provision is unenforceable, the remainder stays in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. We are independent contractors, not partners. Failure to enforce a provision is not a waiver.

21. Contact

Questions about these Terms: legal@ferrix.systems or the contact form or support email address published on our website and in the customer portal. Report abuse, malware, or policy violations: abuse@ferrix.systems (include URLs, IPs, timestamps, and logs — do not attach illegal content). We may copy you on abuse reports concerning your account.