Terms of Service

By creating an account, purchasing a service, or otherwise using Lagless.gg, you acknowledge that you have read, understood, and agreed to these Terms, as well as our Privacy Policy.

Lagless.gg offers multiple types of hosting services, each with specific terms and conditions:

• Game Server Hosting: Managed game server instances optimized for specific games (Minecraft, Rust, etc.) with game-specific configurations and support.
• Virtual Private Servers (VPS): Virtualized server instances providing root access and full control over the operating system and installed software. VPS services include various resource allocations (RAM, CPU, storage) with user-managed configurations.
• Dedicated Servers: Physical server hardware exclusively allocated to a single customer, providing full hardware control, custom configurations, and maximum performance isolation.

Different service types may have varying terms, limitations, support levels, and policies as outlined throughout these Terms. Service-specific terms will be clearly indicated where applicable.

• You must be at least 18 years old or have parental/guardian consent to use our services.
• If you are under 18, your parent or legal guardian must agree to these Terms on your behalf and is responsible for your account activity.
• Users under 13 require explicit parental consent and supervision in compliance with COPPA regulations.
• You agree to provide accurate and up-to-date information when registering.
• You are responsible for maintaining the security of your account. We are not liable for any unauthorized access.

General Usage Terms

• Our services are provided on an "as is" and "as available" basis.
• We reserve the right to modify, suspend, or discontinue services at our discretion.
• You may not use our services for illegal activities, abusive behavior, or any actions that violate applicable laws or regulations.
• We may suspend or terminate your service if we determine, at our sole discretion, that your use violates these Terms.

VPS-Specific Terms

• VPS services provide root access and full administrative control. You are solely responsible for all software installations, configurations, security updates, and system administration.
• You are responsible for securing your VPS instance, including but not limited to configuring firewalls, managing user accounts, and keeping software updated.
• We provide the virtualized hardware and network connectivity; all software management and security are your responsibility.
• Resource limits (CPU, RAM, storage, bandwidth) are enforced at the virtualization level. Excessive resource usage may result in service degradation or suspension.
• VPS services may be subject to fair usage policies to ensure optimal performance for all users on shared hardware.
• Email Port Restrictions: Port 25 and other outbound mail ports on VPS services are closed by default and must be requested to be opened. It is at the sole discretion of our staff team to determine if your use case is acceptable for email port access. Requests for email port access should be submitted through our support channels with detailed justification for your intended use.

Fair Usage Policy for VPS Services

Our VPS services include bandwidth allocations designed to provide flexibility for legitimate business and personal use. Xeon VPS plans feature 1Gbps Fair Usage bandwidth, while Ryzen VPS plans include metered bandwidth allocations (1TB per GB of RAM). This policy ensures fair and sustainable usage while maintaining optimal performance for all customers.

Acceptable Use

• Standard business applications: Web hosting, application servers, development environments, databases, and standard internet services
• Content delivery: Serving website content, APIs, and legitimate media streaming for your own projects
• Data backups: Regular backup operations and data synchronization activities
• Development and testing: Software development, testing environments, and CI/CD pipelines
• Gaming servers: Private game servers for communities and legitimate gaming applications
• Educational use: Learning environments, research projects, and academic applications

Prohibited Usage

• Commercial file sharing: Operating BitTorrent, peer-to-peer, or file sharing services for public distribution
• Proxy/VPN services: Commercial proxy services, open VPN services, or anonymization services for third parties
• Cryptocurrency mining: Any form of cryptocurrency mining, blockchain validation, or similar computational activities
• Bulk email/spam: Mass mailing, spam operations, or unsolicited email distribution
• DDoS activities: Participating in or facilitating distributed denial-of-service attacks
• Bandwidth reselling: Reselling bandwidth or using the service primarily as a bandwidth provider for third parties
• Continuous high utilization: Sustained bandwidth usage at or near maximum capacity (>800Mbps) for more than 24 consecutive hours without business justification
• Content piracy: Hosting, distributing, or facilitating access to copyrighted content without authorization

Usage Monitoring & Enforcement

• Network monitoring: We monitor bandwidth usage patterns and network behavior to ensure compliance with this policy
• Investigation triggers: For 1Gbps Fair Usage plans, sustained high usage (>500Mbps for 48+ hours), unusual traffic patterns, or abuse reports may trigger investigation
• Warning process: First violations may result in a warning and request for usage explanation or modification
• Bandwidth limitation: Repeated violations may result in bandwidth throttling, conversion to a metered billing model, or service limitations
• Service suspension: Severe violations or repeated non-compliance may result in service suspension or termination

Fair Usage Guidelines

• Burst usage: Short-term high bandwidth usage for legitimate purposes (backups, updates, content publishing) is acceptable
• 1Gbps Fair Usage (Xeon VPS): You have access to a 1Gbps connection with fair usage policies. Typical usage should average under 100Mbps over a 30-day period for most applications. Sustained usage near maximum capacity may be subject to review
• Metered Bandwidth (Ryzen VPS): Ryzen VPS plans include specific bandwidth allocations (1TB per GB of RAM). Usage beyond your allocation may result in additional charges or service limitations
• Peak usage consideration: Extended usage during peak hours (6 PM - 2 AM local time) may be subject to additional scrutiny
• Communication requirement: High-bandwidth applications should be communicated to our support team in advance when possible
• Business justification: We may request business justification for sustained high-bandwidth usage patterns

Alternative Solutions

For applications requiring guaranteed high bandwidth or specific usage patterns not covered by this policy, we offer dedicated server solutions with custom bandwidth allocations. Please contact our sales team to discuss enterprise bandwidth options or dedicated infrastructure that better suits your specific requirements.

Dedicated Server-Specific Terms

• Dedicated servers provide exclusive access to physical hardware. You have full control over hardware configuration within the specifications of your purchased plan.
• You are responsible for all aspects of server management, including operating system installation, software configuration, security, updates, and maintenance.
• Hardware replacement and maintenance are our responsibility, but data backup and software troubleshooting remain your responsibility unless additional managed services are purchased.
• Dedicated servers may require longer provisioning times compared to other services due to hardware allocation and configuration requirements.
• Custom hardware configurations may be available for additional fees and extended provisioning times.

Our database usage rules are part of our Acceptable Use Policy and apply to all services. Please review the full database policy in our Acceptable Use Policy.

• All services are paid for on a monthly basis in advance.
• All payments are due at the time of purchase.
• We accept various payment methods as displayed at checkout.
• We reserve the right to adjust pricing with prior notice.

Automatic Payment Processing

• Invoice Generation: Invoices are generated 7 days before the service due date.
• Payment Capture: We automatically attempt to capture payment on the service due date.
• Payment Reminders: We send payment reminder emails 5 days before your invoice due date.

Overdue Payment Process

• First Overdue Notice: Sent 1 day after the invoice due date.
• Second Overdue Notice: Sent 2 days after the invoice due date.
• Final Overdue Notice: Sent 4 days after the invoice due date.
• Late Fees: A 6% late fee per day is applied starting 5 days after the payment due date.
• Service Suspension: Services are automatically suspended if the invoice remains unpaid after the automatic collection attempt on the due date. Suspended services can be restored by completing payment.
• Service Termination: Services will be permanently terminated 7 days after the payment due date if payment is not received. All data will be permanently deleted upon termination.

Price Changes & Taxes

• Price changes: We may modify pricing at any time. For existing subscriptions, increases will take effect starting the next billing cycle with reasonable advance notice.
• Taxes and duties: You are responsible for any applicable taxes, duties, and assessments, excluding taxes based on our net income. We may collect such taxes where required by law.

Payment Violations & Chargebacks

Chargeback Policy

We take chargebacks very seriously as they represent a significant cost and administrative burden to our business. Before initiating any chargeback with your bank or payment processor, you must contact our support team to resolve any billing disputes. We are committed to working with customers to resolve legitimate billing issues promptly and fairly.

Acceptable Reasons for Chargebacks

Chargebacks are only acceptable in the following circumstances:

• Unauthorized transactions: When your payment method was used without your knowledge or consent
• Service not provided: When we fail to deliver the ordered service and do not respond to support requests within 72 hours
• Billing errors: When you are charged incorrectly and we are unable or unwilling to correct the error after being contacted
• Technical fraud: When our payment processing system malfunctions and charges you incorrectly

Chargeback Abuse

The following actions constitute chargeback abuse and will result in immediate account termination:

• Post-service chargebacks: Initiating chargebacks after successfully receiving and using our services
• Refund avoidance: Using chargebacks to circumvent our refund policy or payment terms
• Bypassing support: Filing chargebacks without first attempting to resolve the issue through our support channels
• False claims: Making untrue statements to your bank about the nature of the transaction or services received
• Buyer's remorse: Initiating chargebacks simply because you changed your mind about the purchase
• Service dissatisfaction: Using chargebacks as a complaint mechanism for service quality issues rather than requesting support
• Repeated chargebacks: Multiple chargeback attempts regardless of reason

Chargeback Consequences

• Immediate service suspension: All services will be suspended immediately upon chargeback notification
• Account termination: Your account will be permanently terminated, and you will be banned from creating new accounts
• Data deletion: All server data, backups, and account information will be permanently deleted
• Chargeback fees: You will be responsible for all chargeback fees imposed by payment processors (typically $15-$25 per chargeback)
• Legal action: We reserve the right to pursue legal action for fraudulent chargebacks or to recover damages
• Credit reporting: Unpaid chargeback fees may be reported to credit agencies
• Industry reporting: Fraudulent chargeback attempts may be reported to industry fraud prevention networks

Chargeback Response Process

When we receive a chargeback notification, we will:

1. Immediately suspend all services associated with the account
2. Review the transaction and service delivery records
3. Attempt to contact you via email with documentation of services provided
4. Submit representment documentation to the payment processor if the chargeback appears invalid
5. Permanently terminate the account if the chargeback is determined to be abusive

Valid Dispute Resolution

To resolve billing disputes properly:

• Contact support first: Open a ticket through our billing portal or email support@lagless.gg
• Provide details: Include transaction details, account information, and specific concerns
• Allow response time: Give us 48-72 hours to investigate and respond to your inquiry
• Escalate if needed: If unsatisfied with the initial response, request escalation to management
• Document everything: Keep records of all communication for your protection

Additional Payment Violations

• Fraudulent payment methods: Use of stolen payment methods, false billing information, or identity theft will result in immediate account suspension and law enforcement reporting
• Payment manipulation: Attempting to manipulate payment systems, exploit promotional codes, or circumvent payment processes
• Account sharing for payment: Using multiple accounts to avoid payment obligations or circumvent account limitations
• Disputed service delivery: Falsely claiming non-delivery of services that were successfully provided and accessed

General Refund Policy

Refunds for game server hosting requested within 24 hours of the initial purchase are always honored. Outside that window, all refunds are at the sole discretion of management. VPS and dedicated server purchases are non-refundable due to dedicated resource allocation. See the sections below for service-specific details.

Game Server Hosting Refunds

• 24-hour refund window: Refunds requested within 24 hours of the initial purchase are always honored for game server hosting. This guarantee applies to game server hosting only — VPS and dedicated server purchases remain non-refundable.
• Outside the 24-hour window: Refund requests received more than 24 hours after the initial purchase are at the sole discretion of management and may be denied for any reason.
• Free trial limitation: If you have used a free trial for a service, refunds are not available for that service type under any circumstances, including within the 24-hour window.
• Request process: To request a refund, contact our support team with your order details. Refunds within the 24-hour window are processed without further review; later requests are evaluated case-by-case.

VPS & Dedicated Server Refunds

• VPS services are non-refundable once purchased. Due to the nature of VPS provisioning and resource allocation, all VPS purchases are final.
• Dedicated servers are non-refundable once purchased. This includes all dedicated server configurations and related hardware allocations.
• Given the exclusive resource allocation and provisioning requirements for VPS and dedicated services, no refunds will be provided regardless of circumstances.

General Refund Limitations

• Service renewals are excluded from the refund policy. The 24-hour refund period (where applicable) only applies to initial purchases of new services, not to automatic or manual renewals of existing services. Once a service has been renewed, no refunds will be offered regardless of the circumstances.
• Previous refund limitation: Refunds are not available if a refund has been processed on the account within the last six (6) months, regardless of the service or reason for the previous refund.
• Service addons are non-refundable once purchased. This includes but is not limited to advanced management services, dedicated IP addresses, additional storage, premium support, and any other supplementary services or features.

Service Downgrades & Account Credits

• Downgrade refunds: When you downgrade a service to a lower-tier plan, the difference in the remaining billing period will be refunded to your account as account credit.
• Account credit usage: Account credits cannot be refunded to payment methods. Account credits can only be used toward service renewals or new service purchases.
• Credit application: Account credits will be automatically applied to future invoices when available. Credits cannot be transferred to other accounts or redeemed for cash.

Game Server Hosting Backups

• We provide automatic backups of game server data retained for 3 days from the time of creation.
• Backups are provided as a convenience service only and are not guaranteed to be available or complete.
• Post-deletion backup retention: Upon deletion of your service, we will make a best effort to retain your most recent backup for a limited time period, but this retention is not guaranteed and should not be relied upon for data recovery.

VPS & Dedicated Server Backups

• No automatic backups are provided for VPS or dedicated server services unless explicitly purchased as an additional service.
• You are solely responsible for implementing and maintaining your own backup solutions for VPS and dedicated server data.
• Optional managed backup services may be available for additional fees with separate terms and service level agreements.
• Due to the self-managed nature of these services, we cannot provide data recovery assistance without a purchased backup service.

General Data Responsibility

• Users are solely responsible for maintaining their own additional backups of all important data regardless of service type.
• We are not liable for any data loss, corruption, or unavailability regardless of cause, including but not limited to hardware failure, software issues, user error, or service termination.
• Upon account termination or service cancellation, all data including any backups may be permanently deleted immediately without notice.
• Data recovery requests are not guaranteed and may incur additional fees at our discretion.

• We strive for high uptime but do not guarantee uninterrupted service.
• Scheduled maintenance may cause temporary downtime, and we will attempt to provide notice whenever possible.
• We are not responsible for downtime caused by third-party providers, force majeure events, or user error.
• VPS and Dedicated Server maintenance: Some maintenance activities may require longer downtime for VPS and dedicated services due to hardware-level updates or security patches.

• We are not liable for any data loss, service disruptions, or damages resulting from use of our services.
• To the maximum extent permitted by law, we disclaim all warranties, express or implied.

• We reserve the right to suspend or terminate your service at any time if you violate these Terms.
• You may terminate your service at any time by canceling through your account portal.
• VPS and Dedicated Server termination: Termination of VPS and dedicated services may result in immediate and permanent data loss due to the exclusive nature of allocated resources.

General Abuse Policy

• Users may not engage in abusive behavior, including but not limited to harassment, exploitation, unauthorized access, or actions that disrupt other users or the stability of our services.
• Any user found engaging in abusive behavior will be subject to immediate suspension or termination of services without prior notice.
• If you believe someone is abusing our services, you may report it by contacting us at abuse@lagless.gg with relevant details and evidence.
• We reserve the right to investigate all abuse reports and take appropriate action at our sole discretion.

VPS & Dedicated Server Abuse

Due to the increased control and capabilities provided by VPS and dedicated server services, additional abuse restrictions apply to these service types. The following activities are strictly prohibited:

Network & Security Abuse

• Port scanning and network reconnaissance: Unauthorized scanning of ports, networks, or systems belonging to others
• DDoS attacks: Participating in, coordinating, or facilitating distributed denial-of-service attacks against any target
• Botnet operations: Hosting, controlling, or participating in botnet command and control infrastructure
• Vulnerability exploitation: Attempting to exploit vulnerabilities in systems you do not own or have explicit permission to test
• Network flooding: Generating excessive network traffic designed to overwhelm or disrupt network infrastructure
• Unauthorized access attempts: Attempting to gain unauthorized access to systems, networks, or accounts

Content & Service Abuse

• Malware hosting: Hosting, distributing, or serving malicious software, viruses, trojans, or other harmful code
• Phishing operations: Creating or hosting websites, services, or content designed to steal user credentials or personal information
• Spam relay operations: Using services as mail relays for unsolicited bulk email or spam campaigns
• Copyright infringement: Hosting or distributing copyrighted material without proper authorization
• Proxy/VPN abuse: Operating open proxies, VPN exit nodes, or anonymization services without proper security measures and abuse handling
• Resource mining abuse: Unauthorized cryptocurrency mining using compromised systems or excessive resource consumption

Legal & Compliance Violations

• Illegal content hosting: Hosting content that violates applicable laws, including but not limited to illegal pornography, hate speech, or terrorist content
• Dark web marketplaces: Operating or facilitating illegal marketplaces, drug sales, weapons trafficking, or other criminal activities
• Financial fraud: Hosting services involved in credit card fraud, identity theft, or other financial crimes
• DMCA violations: Repeatedly hosting content that violates copyright laws after receiving proper takedown notices

Abuse Response & Enforcement

• Immediate suspension: Services involved in active attacks or critical security violations will be suspended immediately without notice
• Investigation period: Suspended services will remain offline during our investigation process, which may take 24-72 hours
• Evidence preservation: We may preserve system snapshots and logs as evidence during investigations
• Law enforcement cooperation: We will cooperate with law enforcement agencies and provide necessary evidence for criminal investigations
• Account termination: Confirmed abuse violations will result in permanent account termination and forfeiture of all services
• Network-level blocking: Severe violations may result in network-level IP blocking and upstream provider notification

Customer Responsibilities

• Security maintenance: You are responsible for keeping your VPS/dedicated server secure and properly configured
• Access control: You must implement proper access controls and monitor user activity on your services
• Prompt response: You must respond to abuse reports within 24 hours and take corrective action immediately
• Monitoring obligations: You are expected to monitor your services for signs of compromise or abuse
• Reporting requirements: You must report any suspected security breaches or abuse to our support team immediately

Appeal Process

• Customers may appeal abuse-related suspensions by contacting abuse@lagless.gg with detailed explanations
• Appeals must be submitted within 72 hours of suspension notification
• We will review appeals within 48 hours of receipt during business days
• Customers must provide evidence of corrective actions taken to prevent future violations
• Repeated violations will result in permanent termination regardless of appeals

Affiliate Program Overview

Our affiliate program allows eligible participants to earn commissions by referring customers to our services. Participation in the affiliate program is subject to these Terms and our separate Affiliate Agreement.

Eligible Referrals

To qualify for affiliate commissions, referrals must meet the following criteria:

• Be genuine customers who purchase services for legitimate business or personal use
• Not be existing customers of Lagless.gg or Elcro Digital Services, LLC
• Complete their purchase through proper channels without manipulation or fraud
• Maintain their service for the minimum required period to qualify for recurring commissions

Non-Qualifying Referrals

The following types of referrals do NOT qualify for affiliate commissions:

• Coupon and deal aggregation sites: Referrals from coupon websites, deal comparison sites, discount aggregators, or similar platforms that primarily focus on promoting deals and discounts
• Automated referral systems: Referrals generated through bots, scripts, automated systems, or other non-human means
• Self-referrals: Referrals to yourself, your own business entities, family members, or household members
• Fake or fraudulent accounts: Referrals using false information, stolen identities, or accounts created solely for the purpose of generating commissions
• Paid traffic manipulation: Referrals from paid advertising campaigns that violate our terms or misrepresent our services
• Incentivized referrals: Referrals where the referred customer receives payment, credits, or other incentives to make the purchase
• Affiliate-to-affiliate referrals: Referrals between existing affiliate partners
• Chargeback-prone referrals: Referrals from customers with a history of chargebacks, payment disputes, or fraudulent activity
• Competitor referrals: Referrals from employees, contractors, or representatives of competing hosting or technology companies
• Violation-based disqualification: Any referral that violates these Terms or applicable laws

Commission Structure

• Affiliates earn a one-time $0.50 bonus for each qualifying referral
• Affiliates earn 10% recurring commission for the lifetime of qualifying referrals
• Affiliates receive a $10 signup bonus upon joining the affiliate program
• Minimum payout threshold is $50
• Payouts are processed within 48 hours of reaching the minimum threshold

Affiliate Compliance & Monitoring

• We monitor all affiliate referrals for compliance with these terms
• We reserve the right to investigate any suspicious referral activity
• Commission payments may be delayed or withheld pending investigation of questionable referrals
• We may request documentation to verify the legitimacy of referrals
• Affiliates found to be generating non-qualifying referrals will have their commissions revoked

Affiliate Program Violations

The following actions constitute violations of our affiliate program terms:

• Generating referrals from prohibited sources (coupon sites, deal aggregators, etc.)
• Creating fake accounts or using false information to generate referrals
• Offering incentives to customers in exchange for using affiliate links
• Manipulating tracking systems or attempting to bypass referral validation
• Spamming or using unsolicited marketing methods to promote affiliate links
• Misrepresenting our services or making false claims to generate referrals
• Violating any applicable laws or regulations in the promotion of affiliate links

Consequences of Violations

• Immediate suspension of affiliate account pending investigation
• Revocation of commissions for all non-qualifying referrals
• Permanent termination of affiliate account for serious violations
• Legal action for fraudulent activity or violation of applicable laws
• Reporting to industry fraud prevention networks when appropriate

Affiliate Program Changes

We reserve the right to modify, suspend, or terminate the affiliate program at any time with reasonable notice. Changes to commission rates, payout thresholds, or qualifying criteria will be communicated to active affiliates with at least 30 days' notice when possible.

• Users are responsible for ensuring they have the right to use any content (including but not limited to skins, textures, builds, plugins, or media) on their servers.
• We respect intellectual property rights and expect our users to do the same.
• If you believe content on our platform infringes your copyright, please send a DMCA takedown notice to dmca@lagless.gg including: (a) identification of the copyrighted work, (b) identification of the infringing material and its location, (c) your contact information, (d) a statement of good faith belief that use is not authorized, and (e) a statement that the information is accurate and you are authorized to act on behalf of the copyright owner.
• Upon receiving a valid DMCA notice, we will remove or disable access to the allegedly infringing content and notify the user.
• Users may submit a counter-notification if they believe the content was removed in error.
• Repeated copyright infringement may result in account termination.

We may update these Terms from time to time. Continued use of our services constitutes acceptance of any changes.

Our Service Level Agreement (SLA) outlines our commitments regarding service uptime, scheduled maintenance, and service credit policies. The SLA is a separate document that forms part of these Terms.

You can view our full Service Level Agreement here.

Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Jurisdiction and Venue

You agree that any claim or dispute you may have against us must be resolved exclusively in the state or federal courts located in Pittsburgh, Pennsylvania, USA. You hereby consent to the personal jurisdiction and venue of those courts and waive any objection to such jurisdiction or venue. This includes but is not limited to disputes regarding the validity, enforceability, or scope of these Terms.

Dispute Resolution Process

• Informal Resolution: Before filing any legal action, you agree to first attempt to resolve any dispute through informal negotiations by contacting our legal department at legal@lagless.gg
• Notice Requirement: You must provide written notice of your dispute, including a description of the nature and basis of the claim and the relief sought
• Good Faith Negotiation: Both parties agree to negotiate in good faith for a period of thirty (30) days from receipt of the dispute notice
• Statute of Limitations: Any claim must be filed within one (1) year after the claim arose, or it will be permanently barred

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against us.

Indemnification Obligation

You agree to defend, indemnify, and hold harmless Lagless.gg, Elcro Digital Services, LLC, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney's fees and court costs).

Indemnifiable Events

This indemnification applies to claims arising from:

• Your use of and access to the services, including any data transmitted or received by you
• Any content, data, or materials hosted on your servers or transmitted through our services
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party right, including without limitation any copyright, trademark, patent, trade secret, privacy, publicity, or other intellectual property or proprietary right
• Any negligent or willful misconduct by you or your authorized users
• Any breach of your representations and warranties contained in these Terms
• Any dispute between you and any third party related to your use of the services

Indemnification Process

• We will promptly notify you of any claim subject to indemnification
• You may assume control of the defense and settlement of any such claim with counsel of your choice
• We may participate in the defense with counsel of our choice at our expense
• You may not settle any claim without our prior written consent if the settlement would impose any obligation on us
• This indemnification obligation will survive termination of these Terms

Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAGLESS.GG, ELCRO DIGITAL SERVICES, LLC, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• DAMAGES RESULTING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES
• DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS

This exclusion applies whether the damages are based in contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Liability Cap

Our aggregate liability to you for any claim arising out of or relating to the services or these Terms shall not exceed the greater of:

• Five hundred U.S. dollars (USD $500), or
• The total amount you paid us for the services in the twelve (12) months preceding the event giving rise to the claim

Essential Purpose and Separate Remedy

The limitations set forth in this section shall apply even if your remedies under these Terms fail of their essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

General Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION OR CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS

Third-Party Content and Services

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD-PARTY CONTENT, SOFTWARE, HARDWARE, OR SERVICES THAT MAY BE ACCESSED THROUGH OR USED IN CONNECTION WITH THE SERVICES. ANY SUCH THIRD-PARTY CONTENT OR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

No Advice or Information

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, our warranties will be limited to the greatest extent permitted by law.

Force Majeure Events

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, or other environmental catastrophes affecting our data centers
• War, terrorism, civil unrest, riots, or other acts of violence
• Government actions, laws, regulations, or court orders that prohibit or restrict our operations
• Labor disputes, strikes, or other industrial actions beyond our control
• Epidemic, pandemic, or other public health emergencies that prevent access to our facilities
• Cyberattacks targeting critical internet infrastructure or widespread network attacks affecting multiple providers
• Any similar events or circumstances that are truly beyond our reasonable control and not related to our normal hosting operations

Notice and Mitigation

• We will use reasonable efforts to notify you of any force majeure event that may affect our services
• We will use reasonable efforts to minimize the impact of any force majeure event and resume normal operations as soon as practicable
• We will provide updates on the status of service restoration efforts when reasonably possible

Limitation of Relief

During any force majeure event, our obligations under these Terms will be suspended to the extent affected by the event. You will not be entitled to any refund, credit, or other compensation for service interruptions caused by force majeure events, except as may be provided in our Service Level Agreement.

Entire Agreement

These Terms, together with any policies or documents expressly incorporated by reference (including the Privacy Policy, Acceptable Use Policy, and Service Level Agreement), constitute the entire agreement between you and us regarding the services. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us relating to the subject matter hereof.

Modification of Terms

• We may modify these Terms from time to time by posting the updated Terms on our website
• Material changes will be effective thirty (30) days after posting, unless otherwise required by law
• Non-material changes will be effective immediately upon posting
• Continued use of our services after any modification constitutes acceptance of the modified Terms
• If you do not agree to the modified Terms, you must discontinue use of the services

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the intent of the original provision.

Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision must be in writing and signed by an authorized representative of the Company.

Assignment

• You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent
• We may assign these Terms in whole or in part at any time without notice to you
• These Terms will be binding upon and inure to the benefit of the parties' respective successors and assigns

Headings and Interpretation

The headings used in these Terms are for convenience only and shall not affect the interpretation of any provision. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." The singular includes the plural and vice versa.

Survival

The provisions of these Terms that by their nature should survive termination will survive termination, including but not limited to sections relating to indemnification, limitation of liability, disclaimer of warranties, governing law, and dispute resolution.

Customer Content

You retain ownership of data and content you upload to our services ("Customer Content"). You grant us a limited, non-exclusive, royalty-free license to host and process Customer Content solely to provide and maintain the services.

Usage Data

Operational data such as logs, metrics, metadata, and configuration information ("Usage Data") may be used to operate, secure, and improve the services. Usage Data is not considered Customer Content.

Backup Responsibility

While we may perform infrastructure-level backups, you are solely responsible for maintaining independent backups of Customer Content and validating restore procedures.

• Availability: Services are provided on an "as available" basis; specific uptime commitments are described in the SLA.
• Scheduled maintenance: We may perform planned maintenance with reasonable advance notice; emergency work may occur without notice to protect security and stability.
• Service changes: We may change or discontinue features or services; we endeavor to provide reasonable notice where practicable.

We may offer best-effort migration assistance for supported workloads. Migration outcomes are not guaranteed and may require adjustments to configurations or data.

Our infrastructure services are generally unmanaged. You are responsible for your software, content, configurations, security hardening, and compliance obligations unless a managed add-on is explicitly purchased.

We are not responsible for third-party applications, user-generated content, or AI/automated systems you deploy on our infrastructure. You assume responsibility for their operation, outputs, and compliance with applicable laws and policies.

Hosting and operating online services may expose you to business risk. We recommend maintaining appropriate professional, cyber, and general liability insurance coverage commensurate with your use case.

• Export/sanctions: You represent you are not on any restricted lists and will comply with applicable export control and sanctions laws.
• Children's privacy: If you process data of children under applicable ages of consent, you are responsible for obtaining required parental consents and complying with relevant laws.

• You are solely responsible for compliance of AI systems and automated content with applicable regulations (e.g., transparency, labeling, risk controls).
• You warrant that any training data or inputs used comply with intellectual property and data protection laws.
• We may suspend workloads that present unacceptable risk or violate law or policy.