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Terms of Service

Last Updated: August 3, 2022

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and BareMetal X ("Company," "we," "us," or "our") regarding your use of our dedicated server hosting services, website, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

BareMetal X provides dedicated server hosting services, including but not limited to:

  • Dedicated server infrastructure and hardware
  • Network connectivity and bandwidth
  • Data center facilities and physical security
  • Technical support and maintenance services
  • Additional services as specified in your service agreement

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to:

  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access or security breach
  • Use strong passwords and enable two-factor authentication when available
  • Be responsible for all activities under your account

4. Acceptable Use Policy

You agree not to use our Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Services. Prohibited activities include, but are not limited to:

  • Violating any applicable laws, regulations, or third-party rights
  • Transmitting malicious code, viruses, or harmful software
  • Engaging in spam, phishing, or fraudulent activities
  • Conducting DDoS attacks or network abuse
  • Hosting or distributing illegal content, including copyrighted material without authorization
  • Engaging in activities that violate intellectual property rights
  • Interfering with or disrupting the Services or servers
  • Attempting to gain unauthorized access to systems or networks
  • Using the Services for cryptocurrency mining without explicit authorization
  • Reselling Services without written authorization

We reserve the right to suspend or terminate your account immediately if you violate this Acceptable Use Policy.

5. Payment Terms

5.1 Fees and Billing

You agree to pay all fees associated with your use of the Services in accordance with the pricing terms specified in your service agreement. All fees are due in advance and are non-refundable unless otherwise specified.

5.2 Payment Methods

We accept payment through approved payment methods. You authorize us to charge your payment method for all fees due.

5.3 Late Payments

If payment is not received by the due date, we may suspend or terminate your Services. You are responsible for all fees incurred, including late fees and collection costs.

5.4 Price Changes

We reserve the right to modify our pricing at any time. Price changes will be communicated in advance and will apply to new billing cycles.

6. Service Level Agreement

Our Services are subject to the Service Level Agreement (SLA) available at /service-level-agreement. The SLA defines our uptime commitments and remedies for service interruptions.

7. Data and Content

7.1 Your Data

You retain all rights, title, and interest in your data. You are solely responsible for backing up your data. We are not responsible for any loss or corruption of your data.

7.2 Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws. You are responsible for ensuring your use of the Services complies with all applicable data protection and privacy laws.

7.3 Content Responsibility

You are solely responsible for all content stored on or transmitted through our Services. We do not monitor or control your content but reserve the right to remove content that violates these Terms.

8. Intellectual Property

All intellectual property rights in the Services, including but not limited to software, trademarks, and proprietary technology, remain the property of BareMetal X or its licensors. You may not copy, modify, distribute, or create derivative works of our Services without our express written consent.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAREMETAL X SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

Our total liability for any claims arising from or related to the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless BareMetal X, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content or data

11. Termination

11.1 Termination by You

You may terminate your account at any time by providing written notice. Termination will be effective at the end of your current billing period, unless otherwise specified in your service agreement.

11.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms or our Acceptable Use Policy
  • You fail to pay fees when due
  • You engage in fraudulent or illegal activities
  • Required by law or governmental authority

11.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may delete your data and content after a reasonable retention period. You are responsible for exporting your data before termination.

12. Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association, except where prohibited by law. You waive your right to a jury trial and to participate in a class action lawsuit.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through our Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

15. Contact Information

If you have any questions about these Terms, please contact us: