Terms of Service

Last updated: March 2, 2025

The following terms in this agreement regulate, govern, and otherwise control the relationship between the parties mentioned herein. Revisions may be made to render this document more easily readable and understandable to customers, with highly important sections highlighted in yellow for clarity. We strongly recommend that you read and fully understand all sections of this agreement before continuing to use our services or doing business with Rogue Wave Hosting LLC.

Defenition:

“You”, “the customer” or any similar term refers to the person who agrees to, or continues to use, services provided by the company or purchases goods/services from the company.
“Us”, “we”, “our”, “Rogue Wave Hosting LLC”, “the company” refers to Rogue Wave Hosting LLC, a registered entity within Texas, United States of America (Business identification number: 32098414702).
“Services” refers to the products and assets provided by the company for your use, including all website-related functions.

1. Binding Terms

a. By using or purchasing any goods or services provided by the company or continuing business with Rogue Wave Hosting LLC, you expressly agree to all terms of this agreement. These terms are subject to ongoing review and changes, which may be made without formal notice to you.

i. You agree to be bound by all future revisions of this document and are expected to review it regularly for any changes.

b. You agree to be bound by these terms until such time as any business between you and the company ceases, or until Rogue Wave Hosting LLC agrees to close your client account.

c. Due to the nature of international transactions and business, the company cannot expressly guarantee that you will not waive any of your consumer protection or privacy rights. However, we will make reasonable efforts to comply with regional regulations regarding these rights. By continuing to use or purchase goods/services from the company, you acknowledge and agree that you may be waiving certain regional consumer and privacy protections.

d. You agree to be bound by all terms of this agreement and understand that any breach may render your business with the company void, possibly leading to the cancellation or suspension of your services.

e. For clarity, the symbol ‘†’ may be used within this document to denote additional information or definitions found at the end of the agreement. Your continued use of our services confirms your acknowledgment of these ‘dagger clauses.’

2. REVISIONS TO THIS AGREEMENT

a. Rogue Wave Hosting LLC reserves the sole right to modify, revise, or otherwise change this agreement in its entirety. Continued use of any goods/services provided by the company constitutes your acceptance of any modifications.

b. This agreement was last modified on 10th February 2024 and is subject to periodic revisions (typically every three months).

c. Revisions may occur at any time, and it is your responsibility to remain informed of any updates throughout the duration of your business with the company.

d. No formal notice of revisions will be provided; you are responsible for periodically reviewing this document.

3. TRADEMARK & COPYRIGHT NOTICE

a. All content and assets on our website are owned by Rogue Wave Hosting LLC or our suppliers, partners, or affiliates, with all rights reserved. Unauthorized use of any content is prohibited. All content is © Rogue Wave Hosting LLC (2025) and/or our suppliers, partners, or affiliates.

4. WARRANTIES

a. No warranties (including implied warranties) are provided regarding the suitability of any information contained in this agreement.

5. GENERAL PROVISIONS/GOVERNANCE

a. No waiver or amendment of any terms in this agreement shall be effective against us unless it is in writing, delivered via postal service, and signed (with a witness) by a member of the Rogue Wave Hosting LLC operations team. We do not waive any power or right granted under these terms, even if we delay or fail to enforce strict compliance.

b. This agreement is governed by the laws of the state of Utah, United States of America. In our continued commitment to data security, we also strive to comply with the General Data Protection Regulations of the European Union, as well as applicable United States data protection laws.

i. For details on our data security and protection policies, please visit: https://roguewavehosting.com/privacy-policy

6. FAIR USE

a. For services advertised as “unlimited” or “unmetered” (including storage, bandwidth, or any other consumable), it is expected that you will adhere to a fair use policy to ensure continuity of service for all customers.

b. If, at our sole discretion, it is determined that you are in breach of our fair use policy, your services may be terminated without prior warning.

c. Our guidelines specify that no client should consume more than 10% of overall system resources or network bandwidth. Clients exceeding 5% (but less than 10%) will receive a written notice requesting immediate resolution.

d. If your service adversely affects other customers, we reserve the right to suspend or terminate your service.

e. You are expected to exercise common sense in ensuring compliance with our fair use policy.

7. ABUSE

a. General Provisions:

i. For services with specific restrictions (which will be detailed at the point of checkout), you must indicate your acceptance by checking the corresponding information section.
1. Minecraft Services:
- a. Please adhere to the product description, which may be updated periodically. Failure to comply with these restrictions may result in suspension in accordance with our abuse and fair use policies.
1. VPS/Dedicated Services:
- a. These services have restricted resources; adherence to our acceptable use and fair usage policies is required.
1. Web Hosting Services:
- a. Unmetered website hosting services must comply with our fair usage policy.

8. CLIENT ACCOUNT TERMS

By opening a client account, you accept the following responsibilities and liabilities:

i. You will not share your account credentials with anyone outside your supervision and control.

ii. You are solely responsible for all actions associated with your account.

iii. You will promptly pay all monthly costs as invoiced.

iv. You are fully liable for any actions performed on your account if it is not properly secured.

v. You will not attempt to bypass security measures designed to protect our network or services.

vi. You agree not to breach any clause in this agreement.

vii. You will refrain from any activities that are illegal under the governing law or in your country of residence.

viii. Rogue Wave Hosting LLC assumes no liability for any user-generated content posted or transmitted via our services. You acknowledge that such content may be inaccurate, objectionable, or otherwise unsuitable.

9. SUPPORT - SERVICE LEVEL AGREEMENT

a. There is no express guarantee regarding the level of support provided. Rogue Wave Hosting LLC aims to respond to all support requests within 30 minutes. If a specific (written or verbal) agreement is made regarding support levels, we will do our best to adhere to that timeframe; however, Rogue Wave Hosting LLC is not liable for any issues arising from delayed responses. The service is provided without any express warranty of support.

10. REFUNDS

a. Refunds are provided at the discretion of Rogue Wave Hosting LLC and will only be issued if we fail to rectify a technical issue for which you have requested written support. We reserve the right not to issue refunds under any circumstances. Refund requests must be submitted through our ticket system within twenty-four hours of the transaction. For first-time purchases of this service (excluding renewals and repeat customers), a guaranteed refund is available within 48 hours of purchase.

ii. Domain Services: These services cannot be canceled or refunded once payment is processed.
iii. Dedicated Server Services: Refunds are not available once payment is processed.
iv. Colocation Services: Refunds are not available once payment is processed. b. Duplicate payments will be refunded either as service credit or returned to the original payment method, at our discretion.

c. Payments processed after a cancellation request will be refunded.

11. EXCLUSIVE PERMISSION TO HOST YOUR CONTENT

a. By purchasing a service with Rogue Wave Hosting LLC, you grant us exclusive permission to host your content.

b. You affirm that the content you upload complies with the applicable licensing and copyright arrangements, and you expressly permit Rogue Wave Hosting LLC to host this content under the terms of your license.

12. LIABILITY WAIVER AGREEMENT

a. By signing this agreement, you agree to indemnify and hold Rogue Wave Hosting LLC harmless from and against any claims, damages, losses, liabilities, costs, or expenses arising from any breach of this agreement or any negligence on your part, except where expressly stated otherwise in writing.

13. SERVICE TRANSFERS

a. By purchasing a service with Rogue Wave Hosting LLC, you grant us exclusive permission to host your content.

b. You affirm that the content you upload complies with all relevant licensing and copyright requirements, and you expressly authorize Rogue Wave Hosting LLC to host your content accordingly.

14. DISCOUNT CODES

a. Discounts are provided “as is” as a reduction in the cost of a service. Such discounts may be revoked at any time, and any recurring discount may be canceled, resulting in the service being billed at full price at our discretion.

b. Discount codes must not be reused or abused to gain further price reductions. Abusive practices (for example, creating new services monthly solely to obtain discounts) are prohibited.

c. Discounts issued after the purchase date of a service cannot be applied retroactively.

d. Discounts are non-refundable on any refundable purchases.

e. Discount codes provided through marketing events are subject to expiration.

15. ACCEPTABLE USE

a. Rogue Wave Hosting LLC is committed to maintaining high service standards and a high-quality network. Consequently, our services are not to be used for: i. Hacking, including unauthorized attempts to access another computer or network (this includes port scans, stealth scans, and fraudulent phishing techniques).

ii. Hosting files that infringe on copyrights or intellectual property rights, including but not limited to unauthorized Minecraft server files.
iii. Spamming or sending bulk unsolicited emails. We reserve the right to refuse or terminate service if we reasonably suspect you are engaged in spamming.
iv. Uploading or linking to content that violates another’s right to publicity or privacy.
v. Distributing hate speech, obscene content, or defamatory material.
vi. Hosting, storing, or distributing child pornography. In such cases, law enforcement will be notified.
vii. Hosting, storing, or distributing material (such as child pornography, bestiality, hate speech, scam sites, or phishing sites) that is illegal in the United States.
viii. Hosting, storing, or distributing pornographic material, including sites that provide links to adult content.
ix. Using our servers or network for Content Delivery Network (CDN) streaming without permission.
x. Operating file hosting websites (e.g., uCloud, ownCloud, YetiShare, Tequila, Dropbox, etc.) without express permission from the company.
xi. Engaging in threats related to DDoS, DDoSing, or doxing.
xii. Stealing or distributing copyrighted files that do not belong to you.
xiii. Hosting or selling account credentials obtained in an illegitimate or illegal manner (including the use of account generators or brute force bots).
xiv. Producing, hosting, or selling illegally or illegitimately obtained game codes, license codes, gift codes, hardware license codes, or software codes.

b. If you engage in any of these activities, your service will be terminated without refund.

16. SERVICE – TERMINATION OF USE

a. Upon suspension or termination of use—especially in cases where payment reminders have been sent—you risk the permanent loss of your files or add-ons. You purchase the service for a specific duration; once that period ends, access is terminated. You are responsible for regularly backing up your files off-site (for example, on your local device). Rogue Wave Hosting LLC assumes no liability and provides no warranty regarding access to files once a service is suspended.

i. After 15 days from suspension or termination, your data will be permanently and irretrievably deleted from our network.

b. Rogue Wave Hosting LLC reserves the right to terminate your services for any abuse or fair use violations without prior notice.

c. We may, at our sole discretion, suspend or terminate your access to all or part of our website and products without notice and for any reason, including breach of this agreement.

d. Compliancy & Abuse-Related Termination of Use:

i. If your service is terminated due to abuse-related concerns, your data will be retained for a maximum of 365 days (one calendar year), depending on the cause of suspension.
ii. We may retain your data for reporting purposes to relevant authorities; you expressly consent to our accessing the data of suspended services for such purposes or via subpoena.
iii. If you challenge our decision, your case will be referred to our compliance department, and you acknowledge that full access to your data and files may be lost during any abuse-related termination process.
iv. Rogue Wave Hosting LLC reserves the right to terminate your services for any abuse or fair use violations without prior notice.

17. PAYMENTS, CANCELLATIONS & CHARGEBACKS

a. Payments:

i. You agree to make all appropriate payments for services received, in advance for the duration of service provision.
ii. It is your responsibility to ensure that your payment information is current and that all invoices are paid on time.
iii. Rogue Wave Hosting LLC reserves the right to change product prices at its discretion without prior warning. If you have arranged for direct debit, your payment may be automatically adjusted to the new price.
iv. Invoices are issued 15 days before the due date. If you have an active credit or debit card on file, payment may be processed before the renewal invoice is due.
v. Credit and debit card transactions are processed by our payment processor. It is their responsibility to ensure transactions comply with tax regulations.
vi. Additional fees (such as credit card processing fees) may apply. b. Cancellations:
i. Unless you notify Rogue Wave Hosting LLC of your intent to cancel any or all services, billing will continue on an ongoing basis, and the refund provisions in Section 10 remain in effect.
ii. You are responsible for monitoring any automatic, pre-approved payments. Even if we cease invoicing upon cancellation, your payment processor may continue authorizing payments. We will only refund payments for the last month of service; payments older than 30 days are non-refundable. c. Chargebacks:
i. Under no circumstances shall any current or former client initiate a chargeback. Should you do so, your service will be suspended or terminated. If you wish to resume service, you must repay the charged-back amount plus any third-party payment gateway fees.
ii. We may report any abusive or illegal chargeback practices to major credit bureaus, which could affect your future credit arrangements. We may also report such activity to Fraud Record, our partner in detecting and preventing malicious activity.

18. ARBITRATION & RESOLUTIONS

a. All disputes arising out of or in connection with this agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with those rules.

b. The emergency arbitrator provisions shall not apply to any dispute in arbitration.

c. Arbitration shall take place at a location convenient for Rogue Wave Hosting LLC, as determined by a company representative.

d. One or more arbitrators may be appointed by the company to ensure an impartial resolution.

e. This agreement is governed by the laws of the United States of America.

f. Arbitration must be initiated before any litigation in court. Out-of-court resolutions should be attempted prior to arbitration or litigation.

g. You agree to attempt to resolve any disputes amicably before resorting to arbitration or litigation.

19. SEVERABILITY

a. If any provision of this agreement is declared illegal, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The parties agree to replace any such invalid provision with one that most closely reflects the original intent, ensuring the overall purpose of the agreement is maintained.

This agreement is effective as of the date stated and governs all interactions between you and Rogue Wave Hosting LLC.