Last updated August 31, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By accessing or using our Website or Service in any way, you are agreeing to comply with the Terms and Conditions, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms and Conditions, "Terms of Service", "Terms" or "ToS"). This ToS contains the terms and conditions that govern your access to and use of the Services and is an agreement between Icewall Systems Inc. t/a Oddblox Hosting and you. This ToS takes effect when you order a product or service provided by us through this Website ("Service") and click the "I have read and agree to the Terms and Conditions" check box, or when you use any of the Services or when you access and use our Website.
Account means a unique account created for You to access our Website ("Customer Portal") and any parts of our Service.
Company (referred to as either "Oddblox Hosting", "Oddblox", "the Company", "We", "Us" or "Our" in this ToS) refers to Icewall Systems Inc.
Service refers to Minecraft Hosting, Control Panel, Web Hosting and other products provided by the Company.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing and controlling how the Service is used.
Website refers to the Oddblox Hosting websites, accessible from https://www.oddblox.net, https://oddblox.us and https://oddblox.us/portal
"You" or "Your" means You (the customer), and also includes any of your subsidiaries, affiliates, employees, agents, customers, contractors or entities you represent ("end users").
You represent to us that you at least 13 years of age. If you are 13 or older but under 18 years of age, you must have your parent or guardian’s permission to purchase any Service from us. If you are entering into this ToS for an entity, such as a company, you represent to us that you have legal authority to bind that entity. If you are not at least 13 years of age or older or if you are not fully able and competent to enter into the terms, conditions, and representations set forth in this Agreement, please exit the Website.
We may change or modify the content of this Terms of Service from time to time. We will notify you via email and/or a prominent notice on our Announcements page, prior to the change becoming effective, and update the "Last updated" date at the top of this Terms and Conditions page. The amended terms will become effective upon posting or, if we notify you via email, as stated in the email message. Your continued use of the Service after the "Last updated" date of any changes to the content of this Terms of Service shall constitute your consent to the changes and your agreement to be bound by the modified terms. We reserve the right to change, modify or discontinue, temporarily or permanently, the Website, the ToS and the Service, at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, the ToS, or the Website. It is your responsibility to check the Website regularly for modifications to this Terms of Service. We last modified this Terms of Service on the "Last updated" date listed at the top of this page.
5.1 General. You may use the Service in accordance with this Terms of Service. You agree to adhere to all rules and regulations related to your use of the Service, including the Acceptable Use Policy.
5.2 Setting Up Your Account. To access the Services, you must create an account with a valid email address and place an order for a Service. You are responsible for all activities that occur on your account, regardless of whether the activities are by you, your employees or a third party (including, but not limited to, a hacker that may be using your server) and we are not responsible for unauthorized access to your account. You agree to contact us immediately if an unauthorized party is using your account or server or if your account information is lost or stolen. As you place your order for Service and set up your account, the following requirements apply:
(a) One Account. We allow one account per customer name. Opening several alternate accounts may result in termination without refund.
(b) Matching Names. If the name on your credit card does not match the company name or the contact person's name associated with your account, we may reject payment. The name on the CC and your company name (or company contact) must match. This does not apply to PayPal balance-only payments, or Bitcoin.
5.3 Support. The support we generally provide to you and other users of the Services without charge is as follows:
(a) Support is by our Ticket System, Tawk.to Live Chat platform, or Discord messaging platform. Any communication through the aforementioned methods may be tracked and documented. Support through our Ticket System is generally available 24/7/365. We only provide unmanaged services - As such, we do not manage your servers.
(b) NO ASSISTANCE WITH PLUGINS OR MODS. Our 24 hour on site staff will respond to tickets regarding server hardware, service disruption issues and control panel functionality issues only. Clients are required to manage their own software/plugin aspects of the server including plugin configuration beyond a base JAR install. Any JAR change can corrupt or erase your data. Backups of your Minecraft / Game Server data are created automatically, every 6 hours, and we can restore them by your request, but we are not responsible for any permanent loss of data that may occur.
(c) Multiple Tickets. Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system and may result in termination of services without refund or notice.
6.1 Service Level Agreement. Our service level agreement (SLA) is a contract. It explains our responsibility to you as a hosting provider, and the credit that you are entitled to if your server ever goes offline.
All SLA credit requests must be made within 7 days of the incident, these requests can be processed by opening a Support Ticket.
| Uptime | Credit |
|---|---|
| 99.97% to 100% | No Credit |
| 99.969% or lower | 100% (Free Month) |
| Downtime | Credit |
|---|---|
| 12 Hours or Less | No Credit |
| 12 to 24 Hours | 25% of Month |
| 24 to 48 Hours | 50% of Month |
| Over 48 Hours | 100% (Free Month) |
6.2 SLA Terms. This Agreement is subject to the following terms:
(a) Service Disruptions Covered. A Service Disruption occurs when your server is completely offline for more than 15 minutes due to technical errors or unplanned faults in our hardware, networking or power infrastructure. These are covered by this SLA.
(b) Minecraft Server Disruptions Not Covered. Disruptions caused by the software of the Minecraft server itself are not covered by this SLA.
(c) Planned Disruption Not Covered. Disruptions caused by planned or unplanned maintenance are not covered by this SLA.
(d) Security Disruptions Not Covered. Disruptions caused as a result of actions taken by our security department are not covered under this SLA.
(e) Null-Route Not Covered. If the client is under a Dos/DDoS attack and the Service is not accessible due to Null-Route, the client may not be eligible for credit.
6.3 Redemption and Conditions.
(a) Account Credit. We add to your Account Credit Balance for use in future billing cycles only. SLA credits are non-transferable in any way. SLA credits may not be exchanged for currency of any kind.
(b) Request via Support Ticket. All SLA claims must be made via Support Ticket.
(c) All SLA claims must be made within 7 days of the incident. SLA credits may take up to 24 hours to authorize and post to your account.
(d) Valid for Active Service. We only give credit for services that are being renewed. If you are late on payment, you will not be eligible for SLA credit.
(e) Must be following ToS. If any of your servers are disconnected due to violation of the ToS, Acceptable Use or the rest of these terms, you will not be eligible for SLA credit.
(f) Must be an authorized user on the account. All other unauthorized claims will be denied.
(g) Does not apply to lag.
(h) Does not apply to corrupted Game server. Your server instances must not be in a crashed state because of corrupted world files.
(i) Not valid for Downtime from Support. Minecraft/Game server configuration changes, server JAR change, backup restores, file transfers or JAR reinstalls do not qualify in any way for an SLA credit.
(j) Not valid for activation delays. If the server was never reachable after the first service activation, it will not be eligible for SLA credit.
(k) Not valid for downtime from planned maintenance.
(l) Not valid for node transfers. This includes transfers that are requested, or forced.
(m) Not valid for Trial or Compensation Servers.
(n) Not valid for pending plan upgrades.
(o) Not valid for datacenter disasters. Acts of God, weather/natural disaster, or any other disaster affecting the datacenter is not eligible for SLA credit.
6.4 Changes. This SLA is subject to change without notice. We may add, change or discontinue our Service Level Agreement from time to time in accordance with the Terms of this Agreement.
7.1 Process. Oddblox Hosting performs backups of all Minecraft/Game Servers every 6 hours at a randomly chosen time, without customer intervention, to our company-owned server. MySQL Backups are not currently included in this backup process. This automated system runs outside the "Backups" feature in our Game Panel, which is not automatic by default, as our backup system has been built independently of it.
7.2 Request. To request a restoration from our 6-hour backups, please open a Support ticket. This will then be forwarded to our Backup Manager. We aim to complete the restoration process within less than 24 hours, however, this is not always possible. Customers who desire faster access to backups are encouraged to take their own external backups. We are not responsible for any permanent loss of data that may occur.
7.3 Web Hosting Backups / JetBackup. We also perform backups of Web Hosting databases daily and weekly and all other files every other day and weekly on all of our servers to ensure critical files are never lost. We strongly advise Customers to regularly perform backups of their own data hosted with our Web Hosting plans. In the unfortunate event that the client has lost their data hosted with Us, we will use reasonable endeavors to restore the client's data; however we will not be responsible for lost data, time, income or any other resource due to faulty or non-existent backups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups for Web Hosting.
7.4 Web Hosting Backups Limitations. Our backups are only created for accounts that are under 50GB and 250,000 Inodes. Furthermore, we do not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data hosted with us. In the unfortunate event that the client has lost their data hosted with Oddblox Web Hosting, we will use reasonable endeavors to restore the client's data; however we will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.
Your consent to our collection, use and disclosure of information associated with the Service is in accordance with our Privacy Policy.
9.1 Content. You are solely responsible for the development, maintenance and use of Your Content. You must confirm and monitor compliance of your content with our Acceptable Use Policy, the law, the Digital Millennium Copyright Act, and any claims or notices sent to you claiming that your content infringes on any person's rights.
9.2 Setup and Security. You are solely responsible for configuring and using the Service. You are solely responsible for taking any and all steps to maintain security and protection of your content.
9.3 Violations. Any action that you knowingly or unknowingly permit any person or entity (including, but not limited to, hackers) to take related to this Terms of Service or your content or use of the Service shall be deemed an act by you. You will ensure that all End Users comply with this Terms of Service and the Acceptable Use Policy ("AUP"). If you become aware of a violation of this Terms of Service or AUP by an End User, you agree to immediately terminate such End User's access to your content and the Service.
9.4 Your Responsibility Related to Abuse Complaints. You understand that you are solely responsible for maintaining and regularly checking your email address (associated with your account) as well as your online account where we may send you abuse complaints related to your account. You are responsible for immediately responding to communications received from us related to Abuse Complaints. If you fail to reply to any abuse complaint, your Service will be suspended.
10.1 Service Fees.
(a) Monthly Services. All Services are prepaid at the time of order. You will pay us using one of the payment methods we support. All amounts payable will be made without setoff or counterclaim, and without any deduction or withholding. Fees for any new Service will be effective when we post updated fees on the Website unless we stated otherwise in a notice.
(b) Web Hosting Bandwidth Limitations. Your Web Hosting service may be deployed with a maximum data transfer per month as outlined in either the Service description or the service order or your customer account. If you exceed the maximum data transfer per month usage, overages are charged at $0.06 per GB and will be deducted from your balance. You may be sent an invoice if your balance can't cover it. You will pay us using one of the payment methods we support. All amounts payable will be made without setoff or counterclaim, and without any deduction or withholding.
10.2 Taxes. All fees and charges payable by you are inclusive of applicable taxes and duties, including VAT and applicable sales tax. As such, you pay no tax.
10.3 Setup Fees. There are no set up fees related to our Service.
10.4 Ordering. The order process for Service is as follows:
(a) Correct Information. All orders must include a valid email address. Providing an invalid email address may result in immediate termination of all your accounts without refund. Clients are limited to one account. Opening multiple accounts may result in termination without refund.
(b) Priority. Orders are deployed in the order in which they are received.
(c) Payment. Payment is required at the time the order is placed. Failure to complete payment will result in the order being discarded after 72 hours.
(d) Invoice. After your initial order and your service is active, your monthly invoice date is every 29 to 31 days thereafter. Your monthly invoice renewal date is automatically adjusted to the approximate day of the month that your server is put online. It is your responsibility to check the monthly renewal date on your invoice to confirm when it is due.
(e) Matching Names. If the name on your credit card does not match the company name or the contact person's name associated with your account, we may refuse payment. This process applies to existing customers who desire to change the credit card associated with their account or desire to switch from PayPal or Bitcoin payments to credit card payments.
10.5 Billing. The billing process related to your Service is as follows:
(a) Invoices. Invoices are generated 10 days before the date they are due. Email reminders will be sent at 7 days, 4 days and 1 day before the due date to your last known email address.
(b) Email Invoices. All invoices or amounts due are emailed and are available in your Customer Portal. Invoices are not sent via postal mail, PDF, fax or any other method other than email. We do not contact customers via phone to discuss billing issues. If you do not receive your invoice via email, you are responsible for checking your account panel to determine the invoice amount you owe.
(c) Declined Payment. If your payment is declined or you fail to submit payment, your Service will be suspended at 9:00AM CST (15:00 UTC) one (1) day after the due date. If your payment source is declined, you must login and submit a new source of payment.
(d) Payment Failure. If you fail to make a payment, your Service will be suspended one (1) day after the due date. If you fail to pay after five (5) days, your Service will be immediately cancelled without notice. WHEN SERVICE IS CANCELLED, YOUR DATA (INCLUDING ALL BACKUPS) IS IMMEDIATELY ERASED AND UNRECOVERABLE.
(e) Termination Consequence. SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND BACKUPS, AND YOUR DATA IS NOT RECOVERABLE.
Without waiving any other rights under this Agreement, we offer a 14-day money-back guarantee on fees for all Services, excluding Domains. In order to receive the refund, you must submit a cancellation request within the Customer Portal within thirty (14) days starting from the day we dispatch your service activation email, then submit a Support Ticket requesting a refund.
11.1 Process. We refund for the full month of Service. For example: If your Service is $4 USD per month, you will get back $4 USD. Refunds will only be added back to the PayPal account or credit/debit card that made the purchase. Please allow up to 5 business days for the refund to be added back to their account balance. In extreme cases, credit or debit cards may take up to 7 business days to be processed.
11.2 Original Payment Method. All refunds will be issued using the same payment method and amount used for the original purchase. If you paid in Bitcoin, you will get back the same amount in Bitcoin, minus the processing fee. This protects Us from market fluctuations and ensures security.
11.3 Conditions for the Customer (You) are as follows:
(a) Changes to Service, including, but not limited to, adding of new services, removing of services, or changing the server plan does NOT make the customer eligible for an additional 14-Day Guarantee. The 14-Day Guarantee applies to the first order of Hosting Service from us and does not apply to any changes to the Service at any time.
(b) If we experience a Service Disruption, and the Customer still wants to use our Services, the terms in our Service Level Agreement may be invoked instead. SLA credits have no monetary value and are only valid for future payments for Services.
(c) This guarantee is only valid for one Service per Customer, throughout the lifetime of their account. If a Customer already obtained a previous refund under the 14-Day Guarantee, they will not be eligible for a refund.
(d) The Customer may not be eligible for refund if they installed any mods, plugins or maps on their server that cause errors, crash the Service or cause downtime. Any custom JAR or other software installed by the Customer (or on behalf of the Customer) that create errors, crash the Service or cause downtime will also make the Customer not eligible for a refund.
(e) If the Customer intentionally causes the Service to become unavailable by creating any malicious attacks on our network, hardware, or other services, the Customer will not be eligible for a refund.
11.4 Not valid for Domains. Our refund policy does not apply to Domain Registration or any fees related to Domains.
ALL DOMAIN SALES ARE FINAL.
11.5 Request. All requests relating to refunds must be submitted within fourteen (14) days of purchase. If you are dissatisfied with the Service for any reason, you must provide that reason, we will then honor the refund at our own discretion. Support Ticket must be used, for the refund to be documented, reviewed accordingly and processed.
11.6 Cancellations.
(a) Please note that cancelling isn’t for refund requests, only Service cancellation. If you cancel your Service without requesting a refund, your Service will be canceled, but no money will be refunded to you.
(b) We do not offer refunds for any Service duration that passed the 14 day refund window.
12.1 Cancellations. In order to cancel your services, you must issue a cancellation request within the Customer Portal. Additionally, you must manually cancel any active PayPal subscriptions that were created when ordering your Service. We do not have access to deduct funds from your PayPal account, and will not be held responsible for automated payments made via a subscription.
12.2 Chargebacks. Chargebacks will result in Service suspension and termination. In order to reactivate suspended Service, re-payment of the reversed charges will be required, in addition to payment of the chargeback fees incurred at a value of $20 USD.
12.3 Overpayments. We understand that overpayments and ("accidental payments") sometimes occur and we are willing to work with you to resolve the issue. An overpayment or "accidental" payment is a payment that was made manually by the client that was not due. For example, if the client had completed their payment multiple times. When this occurs, credit with the value of the overpayment is added to the client's account. Refunds can be offered for overpayments under the following conditions:
(a) The refund request is made within a reasonable timeframe of the payment being sent. Payments via PayPal and other payment processors restrict the time frame a refund can be issued. For this reason, we ask that your request is made within 7 days to give us plenty of time to issue the refund. If the refund request is made beyond this point, we cannot guarantee we will be able to issue it.
(b) Our Customer Portal automatically adds overpayments to your account credit - if any of this credit is used before a refund is issued, a refund cannot be issued.
(c) If there are multiple overpayments, only payments made within the past 30 days at the time the ticket is handled can be issued. This is why we ask that you open a Support Ticket with the request as soon as possible.
(d) The credit is unused and remains in the client's account.
12.4 Overpayments Info. When requesting a refund for an overpayment, please ensure you let us know the PayPal email or Bitcoin address used to make the overpayment, or the equivalent information for the payment method used to locate the payment, as well as the date the payment was completed.
13.1 We will suspend your right to access or use any portion or all of your Service and disconnect your server immediately if we determine:
(a) Security or Fraud Risk. Your use of the Service poses a security risk, or may adversely impact the Service or our systems or Content, or may subject us to liability, or may be fraudulent or you are in breach of this Terms of Service (including if you are delinquent on your payment obligations). If your payment is declined or you fail to submit payment, your Service will be suspended at 9:00AM CST (15:00 UTC) on the day after it is due.
13.2 Our Right to Suspend. Our right to suspend your access or use of the Service is in addition to our right to terminate this Terms of Service.
14.1 Term. The term of this Terms of Service will commence on the "Last updated" date and will remain in effect until terminated by you or us.
14.2 Termination.
(a) Process. You may terminate this Terms of Service for any reason by logging into the Customer Portal and cancelling all of your Services. We may terminate this Terms of Service at any time for any reason.
(b) Your Cause. Either party may terminate this Terms of Service for cause if there is a breach of this Terms of Service by the other party. We may terminate this Terms of Service immediately if any act or omission by you results in a suspension. If you fail to make a payment, your service will be suspended at 9:00AM CST (15:00 UTC) on the day after it is due. If you fail to pay after five (5) days, your service will be immediately cancelled without notice. WHEN SERVICE IS CANCELLED, YOUR DATA (INCLUDING ALL BACKUPS) IS IMMEDIATELY ERASED AND UNRECOVERABLE.
(c) Our Cause. We may also terminate if our relationship with a provider of software or technology we use to provide the Service expires or changes; or if we believe providing the Services could create a financial or technical burden or a security risk for us; or in order to comply with the law or requests of governmental entities; or if we determine any Service has become impractical for any reason.
14.3 Termination Impact.
(a) Rights Terminate. Upon termination of this Terms of Service all your rights immediately terminate and you remain responsible for all fees incurred through the end of the billing cycle in which the termination occurred, including fees for in-process tasks and prepaid services. SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE.
(b) Post-Termination Assistance. Any post-termination assistance from us is in our sole discretion.
15.1 Adequate Rights. You represent and warrant to us that you have all rights necessary to enter into this Terms of Service; and none of Your Content or use of it or our Service will violate the Acceptable Use Policy.
15.2 Service License. As between you and us, we own and reserve all right, title, and interest in and to the Service. We grant you a limited, revocable, non-exclusive, non-transferrable license to access and use the Services solely in accordance with this Terms of Service.
15.3 License Restrictions. You may not use Service for any purpose other than as permitted by this Terms of Service. You may not attempt to modify or tamper with software included in the Service or use the Service in a way intended to avoid fees or increase usage limits. All licenses immediately terminate if you do not comply with this Terms of Service.
16.1 General. You will defend, indemnify, protect and hold harmless us and our staff from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees regardless of whether any action is ever commenced) arising out of or relating to any third party claim, suit, action or proceeding brought against us concerning: (a) your use of the Service (including any activities under your account and use by your employees and personnel); (b) breach of this Terms of Service or violation of applicable law, rule or regulation by you; (c) your content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by the use or marketing of Your Content; (d) a dispute between you and any End User; (e) any negligent or willful act or omission by you; (f) any damages arising out of the Service or failure of Service; or (g) the destruction or loss or damage of your data. If we are obligated to respond to a third party subpoena, order or process described above, you agree to reimburse us for reasonable attorneys' fees, as well as all employees' and contractors' time and expense spent responding to the subpoena, order or process at our then-current hourly rates. These obligations survive termination of your relationship with Oddblox Hosting or your use of our Service or Website. Oddblox Hosting reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Oddblox Hosting in asserting any available defenses.
16.2 Process. We will notify you of any claim subject to Section 16.1, but our failure to immediately notify you will only affect your obligations under Section 16.1 to the extent that our failure prejudices your ability to defend the claim. You may use counsel of your own choosing (subject to our written consent) to defend against a claim or to settle a claim, provided that you obtain our prior written consent. You agree that we may assume control of the defense and settlement process at any time.
IN NO EVENT SHALL ODDBLOX HOSTING, ITS EMPLOYEES, MANAGERS, OFFICERS, OWNERS, REPRESENTATIVES, PROGRAMMERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE OUR SERVICE OR WEBSITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE INABILITY TO USE AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES, OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, AIR CONDITIONING OUTAGES, SYSTEM FAILURES, HUMAN ERROR, OR OTHER INTERRUPTIONS, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AVAILABLE THROUGH THE WEBSITE OR THE WEBSITE, THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR PRODUCTS, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (iv) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF OR LOSS OF YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; (vii) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; (viii) ANY ERROR, OMISSION, DEFECT, VIRUS OR THEFT THAT CAUSES DAMAGE OR LOSS OF YOUR CONTENT OR DATA OR (ix) ANY OTHER MATTER RELATING TO OUR SERVICE OR WEBSITE, EVEN IF ODDBLOX HOSTING OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR WEBSITE IS TO STOP USING THE WEBSITE AND/OR OUR SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ODDBLOX HOSTING UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100 USD). IF YOU DO NOT AGREE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.
You authorize us to file a copy of this Section 17 in any proceeding as conclusive evidence that you consented to limitations of liability.
OUR SERVICE IS PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OR THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE.
You authorize us to file a copy of this Section 18 in any proceeding as conclusive evidence that you consented to limitations of warranties.
19.1 Waiver of Trial by Jury. We and you agree, to the fullest extent that we may lawfully do so, to waive trial by jury in any action or proceeding brought by any party to this Terms of Service with respect to this Terms of Service, or any matter related to this Terms of Service. This waiver of right to trial by jury is given knowingly and voluntarily by you, and is intended to encompass individually each instance and each issue as to which the right to a trial by jury would otherwise accrue. We or you, as applicable, are hereby authorized to file a copy of this Section 19.1 in any proceeding as conclusive evidence of this waiver by you and us, as applicable.
19.2 Notices.
(a) To You. We may provide any notice to you by: (i) posting a notice on the Website; (ii) posting a notice on your invoice or (iii) sending a message to the email address then associated with your account. Notices we provide by posting on the Website will be effective upon posting and notices we provide by email or invoice will be effective when we send the email or invoice. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this Terms of Service, you must contact Oddblox Hosting by email to: contact@oddblox.us
(c) Copyright Infringement Notice. The Digital Millennium Copyright Act ("DMCA") provides safe harbors from copyright infringement liability for online service providers. We maintain safe harbor status as we have a designated agent to receive notifications of claimed copyright infringement. Send any copyright infringement "takedown notice" to: Andrew Black, 1155 Kelly Johnson Blvd, Suite 111, Colorado Springs, CO 80920. Our phone number for copyright issues is 539-444-8413. The email address is: abuse@413.io. Please review the U.S. Copyright Office requirements to file "takedown notices."
(d) Language. All communications and notices must be in the English language.
The following terms constitute an agreement between you and Icewall Systems Inc. ("Oddblox Hosting", "Oddblox", "the Company", "We", "Us" or "Our"). This AUP governs your use of the services provided by Oddblox Hosting (the "Services"). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THIS AUP.