Xyliex Hosting Terms of Use Effective Date:
May 12, 2026 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
ACCESSING OR USING ANY SERVICES PROVIDED BY XYLIEX HOSTING. By
accessing or using the Services offered by Xyliex Hosting, you
acknowledge that you have read, understood, and agree to be
legally bound by these Terms of Use and all policies incorporated
herein by reference. If you do not agree to these Terms of Use in
their entirety, you must immediately cease all use of the Services
and must not access or attempt to access any portion of the Xyliex
Hosting platform or infrastructure. Table of Contents 1.
Definitions 2. Acceptance of Terms 3. User Responsibilities 4.
Acceptable Use Policy 5. Account Security 6. Payment Terms 7.
Service Availability & SLA 8. Intellectual Property 9. Data
& Privacy 10. Disclaimers 11. Limitation of Liability 12.
Indemnification 13. Termination 14. Modifications to Terms 15.
Governing Law & Dispute Resolution 16. Miscellaneous 17.
Contact Information Section 1 – Definitions For the purposes of
this Agreement, the following terms shall have the meanings
ascribed to them below. Unless the context expressly requires
otherwise, defined terms used in the singular shall include the
plural and vice versa. 1.1 "Company," "we," "us," or "our" refers
to Xyliex Hosting, a web hosting provider operating the platform
accessible at www.xyliex.com, including all affiliated entities,
subsidiaries, officers, directors, employees, agents, licensors,
and successors. 1.2 "Services" means all products and services
provided by Xyliex Hosting, including but not limited to web
hosting (shared, VPS, dedicated, and cloud), domain name
registration and management, email hosting, SSL certificates, DNS
management, control panel access, and any other ancillary or
related services offered by the Company, whether on a paid or
free-tier basis. 1.3 "User," "Customer," "you," or "your" refers
to any individual or legal entity that accesses, registers for,
purchases, or otherwise makes use of the Services, whether through
the Company's website, control panel, API, or any other interface
provided by the Company. 1.4 "Account" means the unique profile
and associated credentials created by or on behalf of a User upon
registering for the Services, through which the User accesses and
manages their use of the Services, associated billing information,
and hosted resources. 1.5 "Content" means any and all data,
information, files, text, images, audio, video, software, scripts,
databases, or other material that a User uploads, stores,
transmits, publishes, or otherwise makes available through or on
the Company's infrastructure or Services. 1.6 "Agreement" means
these Terms of Use, together with the Company's Privacy Policy,
Acceptable Use Policy, Refund Policy, Service Level Agreement, and
any other policies, schedules, or addenda published by the Company
and incorporated herein by reference, as each may be amended from
time to time in accordance with Section 14. Section 2 – Acceptance
of Terms 2.1 Binding Acceptance. By accessing, browsing,
registering for, or otherwise using any portion of the Services,
you acknowledge that you have read, understood, and agree to be
legally bound by this Agreement in its entirety. Your continued
use of the Services following the posting of any amendments or
revisions to this Agreement shall constitute your binding
acceptance of such changes. 2.2 Eligibility. To access or use the
Services, you must be at least eighteen (18) years of age, or the
age of legal majority in your jurisdiction, whichever is greater.
By using the Services, you represent and warrant that you meet
this eligibility requirement. The Company reserves the right to
request proof of age at any time and to suspend or terminate any
Account where eligibility cannot be confirmed. 2.3 Authority to
Bind Organizations. If you are accepting this Agreement on behalf
of a corporation, partnership, government agency, or other legal
entity, you represent and warrant that you have full legal
authority to bind such entity to this Agreement. In such case,
references to "you" or "your" in this Agreement shall refer to
both the individual accepting and the entity on whose behalf
acceptance is made. If you do not have such authority, you may not
accept this Agreement and must not access or use the Services on
behalf of that entity. 2.4 Electronic Agreement. You acknowledge
and agree that your electronic acceptance of this
Agreement—whether by clicking a confirmation button, completing a
registration form, or otherwise using the Services—constitutes a
valid and enforceable agreement equivalent in all respects to a
written, signed agreement. Section 3 – User Responsibilities As a
condition of access to and use of the Services, you agree to the
following obligations and responsibilities: 3.1 Accurate Account
Information. You agree to provide accurate, current, complete, and
truthful information when creating your Account and at all times
thereafter. You shall promptly update your Account information in
the event of any change, including but not limited to changes in
name, billing address, email address, and payment details. The
Company shall not be liable for any disruption to Services or
communications resulting from inaccurate or outdated Account
information. 3.2 Confidentiality of Credentials. You are solely
responsible for maintaining the confidentiality and security of
your Account credentials, including your username, password, and
any two-factor authentication codes. You agree not to share,
disclose, transfer, or permit access to your credentials by any
unauthorized third party. Any use of your credentials, whether
authorized or unauthorized, shall be deemed your responsibility.
3.3 Legal Compliance. You agree to use the Services in strict
compliance with all applicable local, provincial, federal, and
international laws, statutes, regulations, and treaties, including
but not limited to those governing data protection and privacy,
electronic communications, intellectual property, anti-spam, and
consumer protection. You shall not use the Services to facilitate,
encourage, or assist in any activity that is unlawful in any
applicable jurisdiction. 3.4 Accountability for Account Activity.
You acknowledge and agree that you are fully responsible for all
activity, transactions, communications, and Content that occurs
under or is associated with your Account, regardless of whether
such activity was authorized by you. The Company shall not be
liable for any loss or damage arising from unauthorized use of
your Account except where such unauthorized access was directly
caused by the Company's own negligence. 3.5 Notification of
Unauthorized Access. You agree to notify the Company immediately,
and in no event later than twenty-four (24) hours after becoming
aware, of any actual or suspected unauthorized access to your
Account, any breach of your Account credentials, or any other
security incident that may affect the integrity of your Account or
the Company's infrastructure. Notification shall be made to
support@xyliex.com or through the Company's designated security
reporting channel. Section 4 – Acceptable Use Policy 4.1 General
Standard. You agree to use the Services only for lawful purposes
and in a manner that does not infringe upon the rights of,
restrict, or inhibit the use and enjoyment of the Services by any
third party. Your use of the Services must not damage, disable,
overburden, or impair any Company server, network, or system. 4.2
Prohibited Activities. The following activities are expressly
prohibited under this Agreement. This list is illustrative and not
exhaustive. You agree not to: Host Illegal Content: Upload, store,
distribute, or transmit any content that is unlawful, including
but not limited to child sexual abuse material (CSAM), pirated or
counterfeit software, unauthorized reproductions of copyrighted
works, counterfeit goods, or any content that facilitates illegal
activity; Distribute Spam: Send, facilitate, or enable the
transmission of unsolicited bulk email (spam), unsolicited
commercial messages, or any communication in violation of
applicable anti-spam legislation, including Canada's Anti-Spam
Legislation (CASL); Network Attacks: Launch, participate in, or
facilitate distributed denial-of-service (DDoS) attacks, network
intrusion attempts, unauthorized port scanning, exploitation of
vulnerabilities, or any other activity that disrupts, degrades, or
interferes with the availability or integrity of any network or
system; Malicious Software: Upload, store, transmit, or distribute
viruses, worms, Trojan horses, ransomware, spyware, adware,
phishing content, or any other malicious code or software designed
to damage, intercept, or otherwise compromise systems, data, or
communications; Cryptocurrency Mining: Conduct any form of
cryptocurrency mining, minting, or blockchain validation processes
using Company resources without express prior written consent from
the Company; Intellectual Property Violations: Host, distribute,
or transmit Content that infringes upon the intellectual property
rights of any third party, including copyrights, trademarks,
patents, trade secrets, or moral rights; Harassment and Harm: Use
the Services to harass, threaten, stalk, abuse, defame, or
otherwise harm any individual or group of individuals, or to
facilitate hate speech, discriminatory content, or incitement to
violence. 4.3 Consequences of Violation. Any violation of this
Section 4 may, at the Company's sole and absolute discretion,
result in the immediate suspension or permanent termination of
your Account and all associated Services, without advance notice
and without any entitlement to a refund of any fees paid. The
Company reserves the right to report violations to applicable law
enforcement or regulatory authorities and to cooperate fully with
any resulting investigation. 4.4 Monitoring. While the Company
does not routinely monitor User Content, the Company reserves the
right—but not the obligation—to review, screen, or remove any
Content that the Company, in its sole discretion, believes may
violate this Agreement or applicable law, or that has been the
subject of a complaint or legal notice. Section 5 – Account
Security 5.1 Password Obligations. You are required to create and
maintain a strong, unique password for your Account. A strong
password shall consist of a minimum of twelve (12) characters and
include a combination of uppercase letters, lowercase letters,
numerals, and special characters. You must not reuse passwords
across multiple platforms or services. 5.2 Two-Factor
Authentication. The Company strongly recommends that all Users
enable two-factor authentication (2FA) on their Account. While 2FA
is currently offered as an optional security measure, the Company
reserves the right to require its use in the future, with notice
provided to affected Users. Failure to enable 2FA does not
diminish your security obligations under this Agreement. 5.3
Limitation of Liability for Unauthorized Access. The Company shall
not be liable for any loss, damage, or harm—whether direct,
indirect, or consequential—arising from unauthorized access to
your Account where such access results from your failure to
maintain secure credentials, your sharing of credentials with
third parties, your failure to enable available security features,
or any other act or omission on your part constituting negligence.
5.4 Company Right to Suspend. The Company reserves the right, in
its sole discretion, to temporarily suspend access to your Account
in the event that the Company detects, suspects, or is notified of
a security breach, unauthorized access, abnormal usage patterns,
or any activity that the Company reasonably believes poses a risk
to your Account, other Users, or the Company's infrastructure. The
Company will endeavour to notify you of such suspension as
promptly as reasonably practicable. 5.5 Account Recovery
Procedures. In the event your Account is compromised or you
suspect unauthorized access, you must contact Xyliex Hosting
support immediately at support@xyliex.com. Account recovery will
be conducted in accordance with the Company's then-current
identity verification and account recovery procedures. The Company
reserves the right to require satisfactory proof of identity
before restoring access to a compromised Account. The Company
shall not be liable for any loss of data or services during a
security investigation or recovery period. Section 6 – Payment
Terms 6.1 Billing Cycles. The Services are billed on the billing
cycle selected by you at the time of purchase or renewal, which
may include monthly, quarterly, semi-annual, or annual billing
intervals. You agree to pay all applicable fees in accordance with
the billing cycle you have selected. Billing cycles commence on
the date of Service activation and recur automatically unless
cancelled in accordance with Section 13. 6.2 Advance Payment. All
fees for the Services are due and payable in advance of the
applicable service period. Failure to make timely payment may
result in the suspension of your Services. Services suspended due
to non-payment may be reinstated upon payment of all outstanding
amounts, subject to the Company's policies and any applicable
reinstatement fees. 6.3 Non-Refundable Fees. Except as expressly
stated in the Company's then-current Refund Policy, all fees paid
to the Company are non-refundable. This includes, without
limitation, fees paid for Services that were suspended or
terminated due to a violation of this Agreement. 6.4 Price
Changes. The Company reserves the right to modify the pricing of
any Service at any time. The Company will provide you with not
less than thirty (30) days' advance written notice of any price
change via email to the address associated with your Account or
through a prominent notice on the Company's website. Your
continued use of the Services following the effective date of any
price change constitutes your acceptance of the revised pricing.
6.5 Taxes. All fees stated by the Company are exclusive of
applicable taxes, levies, duties, or similar governmental charges,
including but not limited to Goods and Services Tax (GST),
Harmonized Sales Tax (HST), provincial sales taxes, and
withholding taxes. You are solely responsible for determining,
reporting, and remitting all applicable taxes in connection with
your use of the Services. 6.6 Chargebacks and Fraudulent Disputes.
Initiating a chargeback, payment reversal, or fraudulent dispute
with your financial institution in respect of any legitimate
charge by the Company constitutes a material breach of this
Agreement. The Company reserves the right to immediately terminate
your Account upon initiation of any such chargeback or dispute,
and to pursue all available legal and equitable remedies for any
resulting losses, including administrative fees associated with
the chargeback process. Section 7 – Service Availability & SLA
7.1 Uptime Target. The Company targets a monthly uptime of
ninety-nine point nine percent (99.9%) for its core hosting
infrastructure. This target represents the Company's operational
objective and does not constitute a guarantee or warranty of
uninterrupted service. Actual uptime may vary and is subject to
the exclusions set forth in this Section. 7.2 Scheduled
Maintenance. The Company may conduct scheduled maintenance on its
infrastructure from time to time, which may temporarily affect the
availability of the Services. The Company will endeavour to
provide reasonable advance notice of scheduled maintenance windows
via email or through the Company's status page, where
operationally practicable. Downtime resulting from scheduled
maintenance shall not count toward any uptime calculation or
credit eligibility. 7.3 Exclusions from Liability. The Company
shall not be responsible or liable for any downtime, service
degradation, or unavailability arising from: Third-party
infrastructure failures, including but not limited to upstream
network providers, data centre operators, or cloud platform
outages; Distributed denial-of-service (DDoS) attacks or other
malicious network activity directed at the Company's
infrastructure or your hosted environment; Events of force majeure
as described in Section 16.5; Actions or omissions attributable to
the User, including but not limited to misconfigured software,
resource overutilization, or unauthorized modifications to the
hosting environment; Suspension of Services pursuant to this
Agreement. 7.4 Service Credits. In the event of extended unplanned
downtime that exceeds the Company's uptime target and is not
otherwise excluded under Section 7.3, the Company may, at its sole
discretion, issue service credits to affected Users. The
availability, amount, and conditions of such credits shall be
determined by the Company on a case-by-case basis and shall
constitute the User's sole and exclusive remedy for service
unavailability. Section 8 – Intellectual Property 8.1 Company
Intellectual Property. All intellectual property rights in and to
the Services, the Company's website, platform software, control
panel interfaces, trademarks, service marks, logos, trade names,
domain names, proprietary tools, documentation, and all other
branding or content created or owned by Xyliex Hosting
(collectively, "Company IP") are and shall remain the exclusive
property of Xyliex Hosting or its licensors. Nothing in this
Agreement grants you any right, title, or interest in the Company
IP except the limited right to access and use the Services as
expressly provided herein. 8.2 User Content Ownership. You retain
full ownership of all Content that you upload, store, transmit, or
publish through the Services. By using the Services, you grant the
Company a non-exclusive, royalty-free, worldwide, revocable
licence to access, store, copy, transmit, and process your Content
solely to the extent necessary to provide, maintain, secure, and
improve the Services in accordance with this Agreement. This
licence does not authorize the Company to sell, sublicence, or
otherwise exploit your Content for any purpose beyond the
operation of the Services. 8.3 Restrictions on Use of Company
Branding. You may not use the Xyliex Hosting name, logo,
trademarks, service marks, or any other proprietary branding in
any manner without the prior express written consent of the
Company. This includes, without limitation, any use that implies
endorsement, sponsorship, or affiliation with the Company, or that
is likely to cause confusion among the public as to the source or
nature of any product or service. 8.4 DMCA and Copyright
Compliance. The Company respects the intellectual property rights
of third parties and expects Users to do the same. The Company
will respond to valid notices of claimed copyright infringement
submitted in accordance with the Digital Millennium Copyright Act
(DMCA) and applicable Canadian copyright law. To submit a takedown
notice, please send your request to legal@xyliex.com with the
subject line "Copyright Takedown Notice," including all
information required by applicable law. Repeat infringers will
have their Accounts terminated. Section 9 – Data & Privacy 9.1
Privacy Policy. The collection, use, retention, and disclosure of
personal information provided by Users in connection with the
Services is governed by the Company's Privacy Policy, which is
incorporated into this Agreement by reference and is available at
www.xyliex.com. By using the Services, you consent to the
practices described therein. In the event of any conflict between
this Agreement and the Privacy Policy regarding personal
information, the Privacy Policy shall prevail. 9.2 Company Access
to Account Data. The Company will not access your Account Content
except: (a) as required to provide technical support at your
request; (b) as necessary to investigate a security incident,
potential violation of this Agreement, or suspected illegal
activity; (c) as required to comply with applicable laws,
regulations, court orders, or governmental requests; or (d) as
otherwise expressly authorized by you. Any such access shall be
conducted with due regard for your privacy and confidentiality.
9.3 Backups and Data Integrity. You acknowledge and agree that you
are solely responsible for maintaining complete, current, and
independent backups of all Content hosted on the Company's
infrastructure. While the Company may perform periodic backups of
its infrastructure for disaster recovery and operational
continuity purposes, such backups are not guaranteed to be
complete, current, or available at any specific time. The
Company's backups are not a substitute for your own backup
obligations, and the Company shall not be liable for any loss of
data under any circumstances. 9.4 Data Retention Upon Termination.
Upon termination of your Account, whether by you or by the
Company, your Content and associated data may be retained for a
period of up to thirty (30) calendar days following the
termination date, during which time you may request export of your
data subject to the Company's applicable data export procedures.
After this period, all Content and data associated with your
Account may be permanently deleted from the Company's systems and
cannot be recovered. The Company shall have no obligation to
retain or return any data following the expiry of this retention
period. Section 10 – Disclaimers IMPORTANT: Please read this
section carefully as it materially affects your legal rights with
respect to the Services. 10.1 "As Is" and "As Available." THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW. 10.2 Specific Disclaimers. Without
limiting the generality of Section 10.1, the Company makes no
warranty or representation that: The Services will meet your
specific requirements or expectations; The Services will be
uninterrupted, timely, secure, or error-free at all times; The
results obtained through use of the Services will be accurate,
reliable, or complete; Any errors or defects in the Services will
be corrected within any particular timeframe; The Services are
free of viruses, malicious code, or other harmful components; The
Services are fit for any particular purpose or are merchantable.
10.3 Third-Party Services. The Company makes no representations or
warranties with respect to any third-party products, services,
software, or platforms that may be integrated with, accessed
through, or used in conjunction with the Services. Any use of
third-party services is at your sole risk. 10.4 Jurisdictional
Limitations. Some jurisdictions do not permit the exclusion of
certain warranties or conditions implied by law. To the extent
that such implied terms cannot be excluded, the Company's
liability for breach of any such implied term shall be limited, to
the maximum extent permitted by applicable law, to the re-supply
of the affected Services or the payment of the cost of having such
Services re-supplied. Section 11 – Limitation of Liability 11.1
Aggregate Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
SERVICES, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF
LIABILITY ASSERTED, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES
ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) CALENDAR
MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM FIRST
AROSE. 11.2 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR
SERVICE PROVIDERS BE LIABLE FOR ANY: Indirect, incidental,
consequential, punitive, exemplary, or special damages; Loss of
profits, revenue, goodwill, anticipated savings, or business
opportunities; Loss, corruption, or unauthorized access to data or
Content; Business interruption or loss of business; Cost of
procuring substitute goods or services; whether arising in
contract, tort (including negligence), strict liability, or
otherwise, even if the Company has been advised of the possibility
of such damages. 11.3 Essential Basis. You acknowledge that the
limitations of liability set forth in this Section 11 reflect a
reasonable and fair allocation of risk between the parties and are
an essential element of the basis of the bargain between the
parties. The Services would not be provided by the Company to you
without these limitations. 11.4 Jurisdictional Variation. Some
jurisdictions do not permit the exclusion or limitation of
liability for certain categories of damages. To the extent that
such limitations are not permitted by applicable law in your
jurisdiction, the above limitations shall apply only to the
fullest extent permitted by law. Section 12 – Indemnification 12.1
General Indemnification Obligation. You agree to indemnify, defend
(at the Company's option), and hold harmless Xyliex Hosting and
its officers, directors, shareholders, employees, contractors,
agents, licensors, suppliers, and successors (collectively, the
"Indemnified Parties") from and against any and all claims,
actions, proceedings, demands, liabilities, damages, losses,
fines, penalties, settlements, costs, and expenses (including
reasonable legal fees and disbursements) incurred by or asserted
against any Indemnified Party arising out of, relating to, or
resulting from: Your breach of any provision of this Agreement,
including any representation, warranty, or obligation contained
herein; Your Content, including any claim that your Content
infringes, misappropriates, or violates the intellectual property
rights, privacy rights, moral rights, or any other rights of any
third party; Your violation of any applicable law, statute,
regulation, or governmental order; Your violation of the rights of
any third party, including but not limited to defamation, invasion
of privacy, harassment, or fraud; Your use or misuse of the
Services in any manner not expressly authorized by this Agreement.
12.2 Indemnification Procedure. The Company shall notify you
promptly of any claim for which indemnification is sought,
provided that failure to provide such notice shall not relieve you
of your indemnification obligations except to the extent you are
materially prejudiced by such failure. The Company reserves the
right to assume exclusive control of the defence and settlement of
any matter subject to indemnification at your cost. You agree to
cooperate fully with the Company's defence of such claims. Section
13 – Termination 13.1 Termination by User. You may cancel your
Account and terminate this Agreement at any time by following the
cancellation procedures available through your control panel or by
submitting a written cancellation request to support@xyliex.com.
Cancellation will take effect at the end of the then-current
billing period unless otherwise agreed in writing. No refund shall
be issued for any unused portion of a prepaid billing period
except in accordance with the Company's then-current Refund
Policy. 13.2 Termination or Suspension by Company. The Company
reserves the right, at its sole discretion, to suspend or
permanently terminate your Account and access to the Services, in
whole or in part, with immediate effect and without prior notice,
for any of the following reasons: Violation of any provision of
this Agreement, including the Acceptable Use Policy; Non-payment
of any fees due and payable under this Agreement; Fraudulent or
deceptive activity, including misrepresentation of identity or
fraudulent payment disputes; Any conduct that the Company
reasonably determines poses a risk to the security, integrity, or
reputation of the Company or its Users; At the Company's sole
discretion, upon provision of reasonable advance notice where
circumstances permit. 13.3 Effect of Termination; Data Deletion.
Upon termination of your Account for any reason: (a) all rights
and licences granted to you under this Agreement shall immediately
cease; (b) you must immediately cease all use of the Services; and
(c) your Content and all associated data may be retained for up to
thirty (30) calendar days, after which it may be permanently and
irrevocably deleted from all Company systems. The Company shall
have no obligation whatsoever to retain, transfer, or return any
Content or data after the expiry of this period. 13.4 Survival.
The following sections of this Agreement shall survive any
termination or expiration and shall remain in full force and
effect: Section 1 (Definitions), Section 8 (Intellectual
Property), Section 10 (Disclaimers), Section 11 (Limitation of
Liability), Section 12 (Indemnification), Section 15 (Governing
Law and Dispute Resolution), and any other provisions that by
their nature are intended to survive termination. Section 14 –
Modifications to Terms 14.1 Right to Amend. The Company reserves
the right, in its sole discretion, to modify, update, revise, or
replace any portion of this Agreement at any time. Modifications
may be made to address changes in applicable law, updates to the
Services, changes in business practices, or for any other lawful
reason. 14.2 Notice of Material Changes. For any modifications
that the Company determines to be material in nature, the Company
will provide advance notice of not less than fourteen (14)
calendar days before the amended Terms take effect. Such notice
will be delivered via email to the address associated with your
Account and/or through a prominent notice published on the
Company's website at www.xyliex.com. Non-material changes, such as
typographical corrections, formatting updates, or clarifications
that do not alter substantive rights, may be made without prior
notice. 14.3 Acceptance of Amended Terms. Your continued access to
or use of the Services on or after the effective date of any
amended Terms of Use shall constitute your irrevocable acceptance
of and agreement to be bound by the amended Agreement. If you do
not agree to the amended Terms, you must cease all use of the
Services and cancel your Account before the effective date of the
changes in accordance with Section 13.1. 14.4 Current Version. The
most current version of this Agreement is always available at
www.xyliex.com/terms. It is your responsibility to review this
Agreement periodically. The effective date indicated at the top of
this document identifies the version currently in force. Section
15 – Governing Law & Dispute Resolution 15.1 Governing Law.
This Agreement, and any dispute, claim, or controversy arising out
of or in connection with it or its subject matter, shall be
governed by and construed in accordance with the laws of the
Province of Ontario and the federal laws of Canada applicable
therein, without regard to any conflict of law principles that
would require the application of the laws of another jurisdiction.
15.2 Informal Resolution. Before initiating any formal legal
proceeding, the parties agree to attempt in good faith to resolve
any dispute, claim, or controversy arising out of or relating to
this Agreement or the Services informally. The party asserting a
dispute shall provide written notice to the other party describing
the nature of the dispute and the resolution sought. The parties
shall have a period of thirty (30) calendar days from the date of
such notice (or such longer period as mutually agreed in writing)
to resolve the dispute informally without resorting to formal
proceedings. 15.3 Binding Arbitration. If a dispute cannot be
resolved informally pursuant to Section 15.2, the dispute shall be
finally and exclusively resolved by binding arbitration conducted
in the Province of Ontario, Canada, in accordance with the
arbitration rules and procedures of a recognized arbitration body
as agreed by the parties or, failing agreement, as determined by
the Company. The arbitrator's decision shall be final and binding
upon both parties and may be entered as a judgment in any court of
competent jurisdiction. 15.4 Waiver of Class Actions. YOU
EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION
LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION,
OR ANY OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. ALL
DISPUTES MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. 15.5 Injunctive Relief. Notwithstanding the foregoing,
either party may seek urgent injunctive or equitable relief from a
court of competent jurisdiction in Ontario to prevent irreparable
harm pending the resolution of a dispute under Section 15.3.
Section 16 – Miscellaneous 16.1 Entire Agreement. This Agreement,
together with the Privacy Policy, Refund Policy, and any other
policies or documents incorporated herein by reference,
constitutes the entire agreement between you and Xyliex Hosting
with respect to its subject matter and supersedes all prior and
contemporaneous negotiations, representations, understandings,
agreements, and communications, whether written or oral, relating
to the Services. 16.2 Severability. If any provision of this
Agreement is held by a court or arbitrator of competent
jurisdiction to be invalid, illegal, unenforceable, or contrary to
public policy, such provision shall be modified to the minimum
extent necessary to make it enforceable, or if modification is not
possible, it shall be severed from this Agreement. The remaining
provisions of this Agreement shall continue in full force and
effect and shall not be affected by the invalidity or
unenforceability of any severed provision. 16.3 Waiver. No failure
or delay by either party in exercising any right, power, or remedy
under this Agreement shall operate as a waiver of that right,
power, or remedy. No single or partial exercise of any right,
power, or remedy shall preclude any other or further exercise
thereof or the exercise of any other right, power, or remedy. Any
waiver granted by the Company must be in writing and signed by an
authorized representative of the Company to be effective. 16.4 No
Agency or Partnership. Nothing in this Agreement shall be
construed to create a joint venture, partnership, employment
relationship, franchise, or agency between you and the Company.
Neither party shall have the authority to bind the other party to
any obligation or make any representation on the other party's
behalf. 16.5 Force Majeure. The Company shall not be liable for
any delay or failure in the performance of its obligations under
this Agreement where such delay or failure is caused by
circumstances beyond the Company's reasonable control, including
but not limited to acts of God, natural disasters, fire, flood,
earthquake, pandemic, epidemic, war, terrorism, civil unrest,
governmental actions or regulations, strikes or labour disputes,
power failures, or failures of third-party telecommunications or
internet infrastructure. The Company will endeavour to resume
normal service operations as soon as reasonably practicable
following any such event. 16.6 Headings for Convenience Only.
Section headings and titles used in this Agreement are included
for convenience of reference only and shall not affect the
construction, interpretation, or legal effect of any provision of
this Agreement. 16.7 Assignment. You may not assign, transfer,
delegate, or sublicence any of your rights or obligations under
this Agreement without the prior written consent of the Company.
The Company may freely assign this Agreement, in whole or in part,
including in connection with a merger, acquisition, corporate
reorganization, or sale of all or substantially all of its assets,
without your consent. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective permitted
successors and assigns. 16.8 Notices. All legal notices or demands
to the Company under or in connection with this Agreement shall be
made in writing and delivered to legal@xyliex.com or to the
Company's mailing address on file. Notices by the Company to you
may be made by email to the address associated with your Account,
by posting on the Company's website, or by other means reasonably
designed to bring the notice to your attention. Section 17 –
Contact Information If you have any questions, concerns, or
requests regarding these Terms of Use or the Services, please
contact Xyliex Hosting using any of the following channels:
Company: Xyliex Hosting Website: www.xyliex.com General Support:
support@xyliex.com Legal Inquiries: legal@xyliex.com Mailing
Address: Address on File — available upon written request to
legal@xyliex.com The Company will endeavour to respond to all
inquiries within five (5) business days. For urgent security or
abuse matters, please clearly indicate the nature of your inquiry
in the subject line of your communication to ensure prompt
attention. By accessing or using the Services of Xyliex Hosting,
you acknowledge that you have read, understood, and agree to be
bound by these Terms of Use as of the Effective Date set forth
above. Xyliex Hosting | Terms of Use | Effective May 12, 2026 |
Confidential