Terms of Service.

Company and Services

XERA INC. provides technology, hosting, networking, cybersecurity, DDoS protection, and related services.

Our services may be provided through different brands or divisions, including:

• XERA INC. — The parent company and operator of XERA services.
• XERA Shield — DDoS protection, network security, proxying, and related protection services.
• XERA Hosting — Hosting, VPS, dedicated server, game server, infrastructure, and related services.

Depending on the service purchased, additional service-specific agreements, policies, documentation, or acceptable-use requirements may apply.

Eligibility

You must be legally capable of entering into a binding agreement to use our services.

If you are purchasing services on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms.

Accounts

You may be required to create an account to access certain XERA services.

You are responsible for:

• Providing accurate and current account information.
• Keeping your account credentials secure.
• Maintaining the confidentiality of passwords, API keys, access tokens, and other credentials.
• All activity conducted through your account.
• Immediately notifying XERA of unauthorized access or suspected compromise.

XERA is not responsible for losses resulting from your failure to adequately secure your account.

Acceptable Use Policy

You agree to use XERA services only for lawful purposes and in accordance with these Terms.

You may not use XERA services to:

• Conduct Distributed Denial-of-Service (DDoS) attacks.
• Conduct or facilitate attacks against networks, servers, websites, or other infrastructure without authorization.
• Send malicious traffic or intentionally abusive network traffic.
• Distribute malware, ransomware, viruses, worms, trojans, or other malicious software.
• Conduct phishing, credential theft, fraud, or scams.
• Operate botnets or command-and-control infrastructure.
• Conduct unauthorized vulnerability scanning, exploitation, or penetration testing.
• Attempt to bypass security controls or authentication mechanisms.
• Engage in spam or abusive mass messaging.
• Host content that violates applicable law.
• Abuse, overload, or intentionally interfere with XERA infrastructure or other customers' services.
• Use services to attack, disrupt, or compromise third-party systems.
• Resell services where such resale is prohibited by the applicable service agreement.
• Circumvent account suspensions, bans, billing restrictions, or other enforcement actions.

You are not allowed to use our services for DDoS attacks or anything malicious.

XERA may investigate suspected violations and may take immediate action when reasonably necessary to protect our infrastructure, customers, or third parties.

Security Testing

Security testing, penetration testing, vulnerability scanning, stress testing, load testing, and similar activities against systems that you do not own or do not have explicit authorization to test are prohibited.

Testing against XERA infrastructure is prohibited unless you have received explicit written authorization from XERA.

Authorization must be obtained before conducting any activity that could reasonably affect the availability, performance, or security of XERA systems.

XERA Shield Services

XERA Shield provides network protection and related security services.

XERA Shield is designed to mitigate certain types of malicious or unwanted traffic; however, no DDoS protection service can guarantee protection against every attack or network failure.

Protection availability may depend on:

• Attack type and size.
• Upstream network conditions.
• Routing.
• Internet service providers.
• Third-party networks.
• Customer configuration.
• Origin server capacity.
• Software and infrastructure configuration.

XERA does not guarantee that a protected service will remain continuously available during every attack or network incident.

Customers are responsible for properly configuring their protected infrastructure and following XERA's technical requirements.

XERA Hosting Services

XERA Hosting may provide VPS, dedicated servers, game servers, storage, networking, and other infrastructure services.

Customers are responsible for the software, applications, files, accounts, users, and content they operate on their servers.

Unless explicitly stated otherwise, XERA does not guarantee:

• Unlimited availability.
• Uninterrupted network connectivity.
• Zero packet loss.
• Zero downtime.
• Protection against every type of attack.
• Compatibility with every operating system, application, or software configuration.

Scheduled maintenance, emergency maintenance, network incidents, hardware failures, software failures, and circumstances outside XERA's reasonable control may result in downtime.

Resource Abuse

Customers may not intentionally consume resources in a manner that negatively impacts XERA infrastructure or other customers.

Examples include:

• Excessive CPU usage that affects shared infrastructure.
• Abnormally high disk I/O.
• Storage abuse.
• Network abuse.
• Deliberate traffic flooding.
• Attempts to exhaust shared resources.
• Running software that causes instability or repeated infrastructure failures.

XERA may investigate and take reasonable action to protect the stability of its infrastructure.

Payments and Billing

Customers agree to pay all applicable fees for services before or according to the applicable billing schedule.

Unless otherwise specified:

• Services may be suspended for unpaid balances.
• Recurring services may automatically renew.
• Taxes and applicable governmental charges may be added where required.
• Promotional pricing may be subject to additional conditions.
• XERA may change pricing with reasonable notice where applicable.

Customers are responsible for maintaining valid payment information.

Refunds

Refund eligibility depends on the specific service and applicable refund policy.

Unless a separate written refund policy states otherwise, payments for services may be non-refundable once services have been provisioned or used.

Abuse of refund policies, including repeatedly purchasing services and requesting refunds after use, may result in account restrictions.

Where required by applicable law, statutory consumer rights remain unaffected.

Service Suspension and Termination

XERA may suspend or terminate services when reasonably necessary, including for:

• Violation of these Terms.
• Violation of the Acceptable Use Policy.
• Illegal activity.
• Malicious activity.
• Non-payment.
• Fraud or suspected fraudulent activity.
• Abuse of XERA infrastructure.
• Security threats.
• Attempts to compromise XERA systems.
• Activities that place XERA or other customers at significant risk.

Where practical, XERA may provide notice before suspension. However, immediate suspension or termination may occur without prior notice when necessary to protect infrastructure, customers, third parties, or comply with legal requirements.

Termination of an account does not eliminate outstanding payment obligations.

Data and Backups

Customers are responsible for maintaining appropriate backups of their data.

Unless a specific service explicitly includes backups, XERA does not guarantee that customer data will be backed up.

Customers should maintain independent backups of important files, databases, configurations, and other information.

XERA is not responsible for loss of customer data resulting from hardware failure, software failure, accidental deletion, security incidents, customer actions, maintenance, or other events, except where liability cannot legally be excluded.

Network and IP Addresses

IP addresses and other network resources assigned to customers remain subject to XERA's network policies.

XERA may change, reassign, replace, or withdraw IP addresses when reasonably necessary, including because of:

• Network restructuring.
• Security incidents.
• Abuse complaints.
• IP reputation issues.
• Upstream provider requirements.
• Infrastructure changes.

Customers do not acquire ownership rights to IP addresses assigned to their services.

Third-Party Services

XERA may rely on third-party providers, networks, data centers, transit providers, payment processors, software, and other infrastructure.

XERA is not responsible for failures caused by third parties outside of XERA's reasonable control.

Third-party services may have their own terms and policies, which customers may also be required to follow.

Intellectual Property

All XERA trademarks, logos, websites, software, documentation, branding, designs, and other intellectual property owned by XERA remain the property of XERA INC. or its respective licensors.

Nothing in these Terms grants you ownership of XERA intellectual property.

You may not copy, modify, distribute, reverse engineer, reproduce, or commercially exploit XERA intellectual property without appropriate authorization, except where permitted by applicable law.

Customer Content

Customers retain ownership of content and data they lawfully upload or store using XERA services.

By using XERA services, you grant XERA the limited rights necessary to operate, maintain, secure, and provide the services.

XERA does not claim ownership of customer content solely because it is hosted on XERA infrastructure.

Customers are solely responsible for ensuring that their content and activities comply with applicable law and these Terms.

Privacy

XERA may collect and process information necessary to provide, maintain, secure, and bill for its services.

This may include account information, payment information, service configuration information, network information, logs, security information, and other operational data.

XERA may use technical and operational information to:

• Provide services.
• Prevent abuse.
• Detect security threats.
• Investigate violations.
• Maintain network stability.
• Process payments.
• Comply with legal obligations.

Additional privacy terms may be provided through a separate XERA Privacy Policy.

Abuse Reports

Customers or third parties may report suspected abuse involving XERA services.

XERA may investigate reports involving:

• DDoS attacks.
• Malware.
• Phishing.
• Fraud.
• Copyright or intellectual-property complaints.
• Illegal activity.
• Network abuse.
• Security incidents.

XERA may request additional information from customers during an investigation.

Customers agree to cooperate with reasonable abuse and security investigations.

Law Enforcement and Legal Requests

XERA may comply with valid legal requests, court orders, subpoenas, warrants, or other legally binding requirements.

Where legally permitted, XERA may notify affected customers of legal requests.

Nothing in these Terms requires XERA to violate applicable law.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, XERA services are provided "as is" and "as available."

XERA makes no warranties that services will:

• Always be available.
• Be uninterrupted.
• Be completely secure.
• Be free from errors.
• Be immune from attacks.
• Meet every customer's particular requirements.
• Be free from network failures or third-party outages.

XERA does not guarantee that any particular service will remain available indefinitely.

Limitation of Liability

To the maximum extent permitted by law, XERA INC. and its affiliates, officers, employees, contractors, and service providers shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use or inability to use XERA services.

This may include:

• Lost profits.
• Lost revenue.
• Lost business.
• Lost data.
• Business interruption.
• Reputation damage.
• Loss of customers.
• Service downtime.

To the maximum extent permitted by applicable law, XERA's total liability arising from a service shall not exceed the amount actually paid by the customer to XERA for that particular service during the three months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless XERA INC., its affiliates, officers, employees, contractors, and service providers from claims, damages, liabilities, losses, and expenses arising from:

• Your use of XERA services.
• Your violation of these Terms.
• Your violation of applicable law.
• Your content.
• Your activities conducted through XERA infrastructure.
• Your violation of third-party rights.

Changes to Services

XERA may modify, discontinue, replace, or change services, features, infrastructure, pricing, or technical requirements.

Where appropriate, XERA may provide notice of significant changes.

XERA is not responsible for maintaining discontinued services indefinitely.

Changes to These Terms

XERA may update these Terms from time to time.

The updated version will become effective when published or on the effective date specified in the updated Terms.

Continued use of XERA services after the effective date of updated Terms constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

Governing Law

These Terms shall be governed by the laws applicable to XERA INC.'s applicable jurisdiction, without regard to conflict-of-law principles, unless applicable law requires otherwise.

Any dispute shall be handled in a court or other forum having appropriate jurisdiction, subject to applicable law.

Severability

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

The invalid provision shall be interpreted or modified to the minimum extent necessary to make it enforceable where legally permitted.

Entire Agreement

These Terms, together with any applicable service-specific agreements, policies, invoices, order forms, and other agreements referenced herein, constitute the agreement between you and XERA regarding your use of the applicable services.

These Terms supersede prior agreements or representations concerning the same subject matter to the extent permitted by law.

Contact

For questions regarding these Terms or XERA services, customers may contact XERA INC. through the official support or contact channels provided by XERA.