Effective Date: February 3, 2026

Company: Xponzy Tech LLC
State/Country: New York, United States
Website: https://xponzy.com
Legal Contact: legal@xponzy.com

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of services provided by Xponzy Tech LLC ("Xponzy," "we," "us," or "our"). By registering for, accessing, or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

2. Definitions

For purposes of these Terms:

  • "Services" means all hosting, virtual private servers (VPS), game server hosting, software-as-a-service (SaaS) platforms, domain registration, consulting, and related services offered by Xponzy.
  • "Customer," "you," or "your" refers to the individual or entity that has registered for and uses our Services.
  • "Account" means your customer account with Xponzy.
  • "Content" means any data, text, software, music, sound, photographs, graphics, video, messages, or other materials.

3. Eligibility

You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

4. Account Registration and Security

To use our Services, you must create an Account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your Account information
  • Maintain the security and confidentiality of your Account password
  • Accept all responsibility for all activities that occur under your Account
  • Immediately notify us of any unauthorized use of your Account

You are solely responsible for all activities conducted through your Account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to maintain Account security.

5. Description of Services

Xponzy provides the following categories of Services:

  • Shared Hosting and Managed WordPress Hosting: Web hosting services on shared infrastructure
  • Virtual Private Servers (VPS): Virtualized server environments with root or administrative access
  • Game Server Hosting: Hosting for games including Minecraft, Hytale, and similar platforms
  • SaaS Platforms: Software-as-a-Service applications and platforms
  • Domain Registration and Related Services: Domain name registration, transfers, and management
  • Consulting and Digital Infrastructure Services: Professional services related to digital infrastructure

6. Billing and Payment

6.1 Payment Methods

We accept payment via Stripe (credit/debit cards) and PayPal. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

6.2 Recurring Charges and Renewals

Most Services are provided on a subscription basis with recurring billing cycles (monthly, quarterly, semi-annually, annually, or multi-year). Unless you cancel your Service before the end of the current billing period, your Service will automatically renew for successive periods of the same duration at the then-current rates. You authorize us to charge your payment method for each renewal period.

6.3 Price Changes

We reserve the right to change our pricing at any time. Price changes for existing Services will take effect at your next renewal date. We will provide reasonable advance notice of price increases.

6.4 Taxes

All fees are exclusive of applicable taxes, duties, and governmental charges. You are responsible for payment of all such taxes, duties, and charges.

6.5 Failed Payments

If a payment fails, is declined, or cannot be processed, we may:

  • Suspend or terminate your Services
  • Assess late fees as permitted by law
  • Use collection agencies or legal action to recover amounts owed
  • Report delinquent accounts to credit reporting agencies

6.6 Chargebacks and Payment Disputes

Important: Initiating a chargeback or payment dispute (through your credit card issuer, bank, or PayPal) without first contacting us to resolve the issue is a material breach of these Terms and may result in:

  • Immediate suspension or termination of all Services
  • Assessment of a chargeback processing fee (currently $25 USD or local equivalent)
  • Permanent ban from using our Services
  • Referral to collections or legal action to recover amounts owed plus fees and costs

If you dispute a charge, you must contact legal@xponzy.com first. Fraudulent chargebacks may be reported to appropriate authorities and may result in criminal or civil liability.

6.7 PayPal-Specific Terms

If you pay via PayPal and initiate a dispute, claim, or chargeback through PayPal, the consequences described in Section 6.6 apply. You agree to work with us directly to resolve any billing issues before escalating through PayPal.

6.8 Reactivation Fees

If your Services are suspended due to non-payment and you wish to reactivate them, we may charge a reactivation fee in addition to all outstanding balances and any applicable late fees.

7. Suspension and Termination

7.1 Suspension by Xponzy

We may suspend your Services immediately, without prior notice, if:

  • You violate these Terms or our Acceptable Use Policy
  • Your Account becomes delinquent or payment fails
  • Your use of Services poses a security risk or potential liability
  • We are required to do so by law or court order
  • You engage in fraudulent or abusive behavior

7.2 Termination by Xponzy

We may terminate your Services and Account at any time for any reason, including violation of these Terms. Upon termination, you must immediately cease using all Services.

7.3 Termination by Customer

You may cancel your Services at any time through your Account dashboard or by contacting support. Cancellations take effect at the end of your current billing period. No refunds will be provided for partial billing periods unless otherwise specified in our Refund Policy.

7.4 Data Deletion

Upon termination or cancellation for any reason, we may delete all of your Content and data. We are not obligated to retain your data after termination. You are solely responsible for backing up your data. Backup services, if offered, are for your convenience only and do not create any obligation on our part to retain data.

8. Refund Policy

Refunds are provided at our sole discretion and only in the following circumstances:

  • You request a refund within 30 days of your initial purchase of a new Service
  • The Service has not been materially used
  • The Service has experienced significant downtime or performance issues that we are unable to resolve

The following are NOT eligible for refunds:

  • Domain registration or renewal fees
  • Setup fees, installation fees, or migration fees
  • Services that have been actively used (e.g., bandwidth consumed, emails sent, server resources utilized)
  • Renewals of existing Services
  • Accounts terminated for violation of our Acceptable Use Policy or these Terms
  • Monthly billing cycles (refunds apply only to quarterly, semi-annual, annual, or longer billing cycles)
  • Add-on services, software licenses, or third-party products

To request a refund, contact legal@xponzy.com with your Account details and reason for the request. Refunds, if approved, will be processed to the original payment method within 10-15 business days.

9. Acceptable Use Policy (AUP)

You agree not to use our Services for any unlawful or prohibited activities, including but not limited to:

9.1 Illegal Activities

  • Any activity that violates local, state, national, or international law
  • Distribution of illegal content, child pornography, or materials promoting terrorism
  • Fraud, identity theft, or phishing
  • Hacking, unauthorized access, or computer intrusion

9.2 Intellectual Property Infringement

  • Copyright infringement, including hosting or distributing pirated software, movies, music, or other copyrighted materials ("warez")
  • Trademark infringement or counterfeiting
  • Violation of patent rights or trade secrets

9.3 Security Threats and Malicious Activity

  • Distributing, hosting, or executing malware, viruses, trojans, ransomware, or other malicious code
  • Launching or facilitating distributed denial-of-service (DDoS) attacks
  • Operating botnets or command-and-control infrastructure
  • Port scanning, vulnerability scanning, or network penetration testing without prior written authorization
  • Exploiting security vulnerabilities in our Services or third-party systems

9.4 Spam and Email Abuse

  • Sending unsolicited bulk email (spam)
  • Operating email lists without proper opt-in mechanisms
  • Email bombing or mail server abuse
  • Forging email headers or engaging in email spoofing

9.5 Resource Abuse

  • Excessive use of server resources that negatively impacts other customers
  • Operating file-sharing, torrent, or peer-to-peer (P2P) applications on shared hosting
  • Cryptocurrency mining without prior written authorization (prohibited on shared hosting and unauthorized on VPS)
  • Running scripts or processes that consume excessive CPU, memory, or bandwidth

9.6 Game Server Prohibited Activities

  • Distributing or using game cheats, hacks, or exploits
  • Hosting modified game files or plugins designed to circumvent game publisher restrictions
  • Operating servers that violate game publisher End User License Agreements (EULAs)
  • DDoS attacks or other disruptive actions targeting game servers

9.7 Other Prohibited Activities

  • Adult content hosting on services not explicitly designated for such use
  • Operating proxy servers, VPN services, or anonymization services without authorization
  • Reselling Services without a valid reseller agreement
  • Interfering with or disrupting our Services or networks

Violation of this AUP may result in immediate suspension or termination of Services without refund.

10. VPS and Root Access Responsibilities

If you purchase VPS or other Services with root or administrative access, you acknowledge and agree that:

  • You are solely responsible for all software, configurations, and security on your VPS
  • You must keep all software up to date with security patches
  • You are responsible for configuring firewalls, access controls, and other security measures
  • We are not responsible for security breaches, hacks, or compromises due to your misconfiguration
  • You must comply with all applicable laws and these Terms
  • You are responsible for all activity originating from your VPS, including activity by third parties who compromise your VPS due to inadequate security

11. Game Server Terms

If you use our game server hosting Services:

  • Performance and Lag: Game server performance depends on many factors including player count, mods/plugins, and game complexity. We do not guarantee specific performance levels, tick rates, or lag-free experiences.
  • Mods and Plugins: You are responsible for selecting and configuring mods and plugins. We are not responsible for incompatibilities, bugs, crashes, or data corruption caused by mods/plugins.
  • Game Publisher Actions: We are not responsible if a game publisher bans, suspends, or restricts your server or players for any reason.
  • World and Player Data: While we provide reasonable backup services, you are ultimately responsible for your game worlds and player data. World corruption, data loss, or other issues may occur, and we are not liable for such losses.
  • License Compliance: You must comply with all game publisher license agreements and terms of service.

12. Backups and Data Loss

Important: You are solely responsible for backing up your data. While we may provide backup services as a courtesy:

  • Backups are not guaranteed to be available, complete, or functional
  • We are not responsible for data loss, corruption, or inability to restore backups
  • Backup services may be discontinued at any time
  • You should maintain your own independent backups

We are not liable for any data loss regardless of the cause, including but not limited to hardware failure, software bugs, security breaches, human error, or acts of God.

13. Uptime and Service Level

While we strive to provide reliable Services, we do not guarantee 100% uptime. Services may be unavailable due to:

  • Scheduled maintenance (we will provide reasonable notice when possible)
  • Emergency maintenance
  • Hardware failures
  • Network outages
  • Third-party service provider failures
  • DDoS attacks or other malicious activity
  • Events beyond our reasonable control

Unless you have a specific Service Level Agreement (SLA) with us, Services are provided on an "as available" basis without uptime guarantees.

14. Intellectual Property

14.1 Our Intellectual Property

All content, software, technology, and materials provided as part of the Services are the property of Xponzy or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on our Services except as expressly permitted.

14.2 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes.

14.3 Your Content

You retain all rights to Content you upload or store on our Services. By using our Services, you grant us a limited license to store, transmit, and display your Content solely to provide the Services to you.

15. DMCA and Copyright Policy

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe Content on our Services infringes your copyright, please send a DMCA notice to legal@xponzy.com including:

  • Your contact information
  • Identification of the copyrighted work claimed to be infringed
  • Identification of the allegedly infringing material and its location
  • A statement that you have a good faith belief that use of the material is not authorized
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
  • Your physical or electronic signature

We may terminate Accounts of repeat infringers.

16. Indemnification

You agree to indemnify, defend, and hold harmless Xponzy, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your Content.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICES AT YOUR OWN RISK.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XPONZY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

19. Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles.

21. Dispute Resolution and Arbitration

21.1 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except as modified by these Terms. The arbitration shall be conducted in New York, New York, or remotely via video conference. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all Disputes.

21.2 Class Action Waiver

YOU AND XPONZY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND XPONZY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

21.3 Exceptions

Either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights.

21.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@xponzy.com within 30 days of first accepting these Terms. If you opt out, all other terms still apply, but Disputes will be resolved in the state or federal courts located in New York, New York.

22. Notices

All legal notices to Xponzy must be sent to legal@xponzy.com. We may provide notices to you via email to the address associated with your Account or by posting on our website.

23. Survival

Sections 6 (Billing), 8 (Refund Policy), 16 (Indemnification), 17 (Disclaimer of Warranties), 18 (Limitation of Liability), 20 (Governing Law), 21 (Arbitration), and any other provisions that by their nature should survive, shall survive termination of these Terms.

24. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

25. Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without restriction.

26. Entire Agreement

These Terms, together with our Privacy Policy and any Service-specific terms, constitute the entire agreement between you and Xponzy regarding the Services and supersede all prior agreements and understandings.

27. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.

28. Contact Information

For questions about these Terms, please contact us at:

Xponzy Tech LLC
Email: legal@xponzy.com
Website: https://xponzy.com