Terms of Service. Overdue Accounts If your account is overdue, the server will be shut down and access removed till payment is

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1 T Terms of Service By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. Disclaimer The materials on hostersbay.com's web site are provided "as is". hostersbay.commakes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, hostersbay.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Limitations In no event shall hostersbay.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on hostersbay.com, even if hostersbay.com or a hostersbay.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Acceptable Use Our servers are to be used for Minecraft servers, not to be used as a file server, for hosting picture's, music, video's, etc. To not modify slot count, Ram allocated to the server, trying to access files that do not belonging to you, etc. Hard drive usage, not to go over 4GB on your server unless you speak to us. If any of those listed is abused in any way we reserve the right to cancel your account with us, without a refund. Overdue Accounts If your account is overdue, the server will be shut down and access removed till payment is

2 made. Files may be kept up to 72 hours after that we will remove them from our system. Plugins We let our clients use plugins on their servers. Our staff will not help setup or manage plugins for your servers, our control panel lets you select the default minecraft.jar, or bukkit, we don't offer support for bukkit. Due to the amount of plugins players may add you may have issues with performance, if you have issues with performance and are using a lot of plugins we might suggest you upgrade your package or disable some plugins. Note most plugins you wish to use will have support on their forums so please be sure to ask there if you have any issues. Backups For some of our servers we provide backups, in your control panel you have the option to backup your server. Doing so we suggest you copy those files onto your own computer to make sure you have a backup of the files. We take no responsibility for data loss. Be sure to shut down the server if you wish to fully backup the server from ftp so it does not get corrupted. Setup You should receive an with your info almost instantly after payment; our system for setting up your server is automatic. That being said if something goes wrong and your server is not up please info@hostersbay.com with your invoice number so we can get it setup for you. If for some reason it never got setup it should be setup for you within 24 hours. Be sure to let us know something is wrong or we might not know you have an issue. Promotional Codes Our promotional codes do not stack with other promotional codes or quarterly, semi annual, or annual discounts unless otherwise stated. Refund We have the right to provide or deny refunds for any reason, regardless of our refund policy. We offer a three (3) day refund on our servers. Plan add-on's (Mysql database, Dedicated IP) are not refundable. Refunds will only be granted if there is a server or performance issue. However, refunds will not be granted if we are not given an opportunity to rectify any issues. Refunds are also not granted if the issue is due to plugin configurations or plugin conflicts of your own doing. We are not responsible for user issues. If you've paid for multiple months we have the right to not issue a refund for whatever reason we provide. PayPal subscription refunds: We do not accept responsibility for users who have cancelled their services and not their PayPal subscriptions. The client will take full responsibility for negligence to the subscription, we reserve the right to not refund you. Adding funds into your account are non refundable they can only be used for credit for hostersbay.com and or Purevoltage.net services.

3 Affiliates Affiliates are only to be used towards services in our system, the credit made from referrals are not redeemable for money. Billing Our service is provided as a recurring subscription. If payment is setup via Credit card or PayPal. Payments will come out automatically until service is cancelled via the client area using the "Cancellation request" feature. Invoices are generated 3 days before the next due date to prevent downtime or suspension of service should any payment issues arise. Due to this feature if you pay using a credit card or PayPal it will pay the invoice at this time. Services must be cancelled 5 days before the next due date or no refund will be provided if an advanced invoice is paid. Those payments are not refundable as the service is considered active. If you wish not to be charged before specific dates please contact billing and see if we are able to adjust your due date a few days for you. The other option is using the PayPal-Manual option. Cancelling Your Plan If you have cancelled your server with us, but failed to follow the directions on our cancellation regarding paypal subscriptions, refunds will not be granted. Any additional payments will be in our system as a credit. If you fail to cancel your service 5 days before an invoice is due it will create a new invoice which if you paid using Stripe the payment will still come out and isn't refundable. Failing to cancel can also lead to late fees and or Collections if it's a dedicated server. We require 7 days' notice for our dedicated server customers to cancel their plans before their next due date so that we have an idea if a server will become free for another client. If you don't plan on renewing your service you need to cancel your service and not just stop paying, we cannot read minds. As soon as the cancellation takes effect all files will be deleted from the server. Server Uptime We can't control when updates come out that may break how the server runs, our control panel works and so on. With that said we will make sure to have everything working for you as fast as possible to have as little downtime for you the client. Also note ram usage may also go up with updates so performance may get affected. Server Resource's If your server is using too many resources due to too much lava, tnt, or plugins, your server may be shut down until we resolve the issue. Remember others also have servers on the same box so if you make bog down the server it affects others as well. Also note TNT when used in masses will mess up your world and you may have to restore from a backup or restart everything from scratch.

4 Site Terms of Use Modifications hostersbay.com may revise these terms of use for its web site at any time without notice. By using hostersbay.com you are agreeing to be bound by the then current version of these Terms and Conditions of Use. General Terms and Conditions applicable to Use of a Web Site. Herein this document, all usages of the words: "we," "us," and "our" refer to hostersbay.com. All Exodus Hosting account holders are bound to this agreement. You may not publish anything that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization. IRC Servers / websites are not permitted. Hacking, cracking, Piracy, warez software or information that educates or encourages these activities or uses these activities are not permitted. ROM's and emulators are not permitted, See #1. You may not publish any material that is grossly offensive, including, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group. Pornography is allowed as it meets all U.S. Laws and regulations. We have a no spam policy, Spam will result in immediate termination of services. You may not use our services in the commission of any crime that violates the laws of local, state, and federal government of the United States of America. You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder. In no event will wee liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use our services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record. Refunds may be granted for source game servers and minecraft standard servers. We do not offer refunds for minecraft pro or dedicated servers. We may not offer a refund for account credit. If a cancellation request is submitted within 3 days of the purchase of a service, you may be eligible for a refund. Cancellations will take place soon after the request is submitted. Cancellation requests must be submitted through an authenticated ticket in our billing panel (hostersbay.com/billing). If you have cancelled your server with us, but failed to follow the directions on our cancellation regarding paypal subscriptions, refunds will not be granted. Any additional payments will be in our system as a credit. If you fail to cancel your service 5 days before an invoice is due it will create a new invoice which if you paid using Stripe the payment will still come out and isn't refundable. Failing to cancel can also lead to late fees and or Collections if it's a dedicated server. If you don't plan on renewing your service you need to cancel your service and not just stop paying, we cannot read minds. We reserve the right to terminate any account without warning or notice if any of the above restrictions are violated and to examine the contents of any account at any time. Payment for services is due on the same day of each month, If services remain unpaid for 2 days then your services may be terminated. We are not responsible for sending billing notices, any notices that you receive regarding your billing date are courtesy, it is the customers responsibility to remember when to pay for their services. We are not liable for any loss of data for any reason. This includes VPS or dedicated servers. All payments are final and the issuing of a refund will be decided by Exodus Hosting staff. It is the customers responsibility to maintain backups of their data. We do not provide support for 3rd party modifications to game servers and their operation. Any support provided is complementary and doesn't have to be provided. Our affiliate system is aimed at providing clients a chance to recieve account credit in exchange for referring new customers. Payouts will only be given via account credit to be used on services with

5 Exodus Hosting. To recieve payouts, the original account holder MUST be a United States citizen. SEO Marketing is not permitted. When purchasing, you must be at least 13 years of age, as well as the primary account holder for the payment method. All sales are final. All billing issues must be reported to Exodus Hosting within 3 days. Chargebacks with your card issuer are invalid as they are not constitutional under the Exodus Hosting Terms of Service. If a customer files a chargeback against a legit charge placed by Exodus Hosting, a $50 administrative fee may be charged per chargeback. Should a customer open a PayPal dispute or file a chargeback, Exodus Hosting has the right to suspend or terminate service at its discretion. Disputes or chargebacks issued on payments will disqualify the client from receiving refunds for that or other payments. Terms of Service subject to change without notice. Please direct any questions regarding our Terms of Service to info@hostersbay.com Acceptable Use Policy Herein this document, all usages of the words: "we," "us," and "our" refer to hostersbay.com. Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Network security violations include but are not limited to: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an or a newsgroup posting. Use of our provided service to transmit any material (by , uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF OUR CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER. Acceptable Use Policy subject to change without notice. Please direct any questions regarding our Acceptable Use Policy to info@hostersbay.com hostersbay.com