Terms of Service
Last Modified: June 15, 2026
Introduction
Welcome to FluxerHost, a grassroots initiative dedicated to supporting and growing the Fluxer ecosystem. We believe in the power of open-source collaboration and aim to remove financial barriers for developers, while maintaining the safety of those who use our Services and contribute to the Fluxer community.
These Terms of Service (“Terms”) are a contract entered into between You (“you,” “your,” “yours”) and Northwest Intelligence Solutions LLC dba FluxerHost (collectively, “we,” “our,” “us,” or “FluxerHost”) These Terms, together with our Privacy Policy and Enterprise Policy, which are hereby incorporated by reference, govern your use of and access the FluxerHost website, application, platform, the Community, social media, and related online services (“Site”) that link to these Terms, and any content, functionality, tools, infrastructure, and services offered, purchased, ordered, interacted with, viewed, or accessed on or through the Site (the “Services”).
These Terms apply to all visitors, users, and others who which to read, access, or use the Site and any other associated website or application, whether or not you otherwise interact with the Site. THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE OR SERVICES.
For any questions about these Terms, please contact us via email.
Table of Contents
Acceptance and Applicability
- Acceptance. By reading, accessing, or using the Site or Services, joining our Community (see “Community,” in Section 2, below), or submitting a Project (see “Projects,” in Section 6, below), you accept and agree to be bound and abide by these Terms. IF YOU DO NOT AGREE TO THE ENTIRETY OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES.
- Acceptance on Behalf of a Legal Entity. If you agree to these Terms on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency (for example, your business or your employer), you represent and warrant that you have the authority to bind that entity or agency to these Terms and the entirety of these Terms, and you further understand and agree that you are binding both you and that entity or agency to the entirety of these Terms. In that event, “you,” “your,” and “yours,” refers to and will apply to both you as an individual and that entity or agency.
- Persons Who Cannot Accept. You cannot accept these Terms if:
- you are not lawfully entitled to use the Site or Services or any part, feature, or functionality under any applicable laws in the country, state, province, or other location in which you are physically present at the time of access or otherwise resident of; or
- you are under the age of 18.
- Modification. We, or our third-party affiliates, may make improvements and/or changes to the capabilities, features, cost or prices, and availability of the Site or Services at any time without notice. You agree that we are not and will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, the Services or any portion or functionality thereof. The preceding two sentences do not apply to the rights and obligations of the sections titled “Limitation of Liability,” and “Dispute Resolution,” and if a change or modification of any such sections is made, you will be notified through the Site, the Community, and/or via an email address or other contact method you have provided to us. Your continued use of the Site or Services after any such change constitutes acceptance of the new, additional, or modified Terms.
Contact and Community
- Connect and Stay Updated. You may subscribe to updates from FluxerHost by joining the Fluxer.Host community on Fluxer.app (the “Community”) or by providing your email address and basic contact information where prompted on the Site. To learn how we use this information, please see our Privacy Policy.
- Joining the Community. To join the Community, provide the requested information using your Fluxer.app account or create an account with Fluxer.app (an “Account”). You may be required to provide and confirm certain information, including your name, birthday, and email, agree to Fluxer.app’s terms of use and privacy policy, or log in using your Account. By confirming your information and requesting to join or accepting the invitation, you have joined the Community. If you are removed from the Community for a breach of these Terms or your Account is terminated for a breach of Fluxer.app’s terms, you may not be permitted to rejoin the Community.
- Liability for Unauthorized Access. You understand, acknowledge, and agree that to the extent permitted by applicable law, we are not and shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of an Account. You are solely responsible for the use of and access to your Account, and any acts or omissions made through or with your Account, whether or not in the Community.
- Confidentiality and Security. You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password, or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Services from a public or shared device so that others are not able to view or record your password or other information. You will use any and all commercially reasonable efforts to prevent unauthorized use of the Services assigned to you and will promptly notify us, in writing, if you suspect that access your Services have been compromised or misused or if any user ID, password or other access credentials are lost, stolen, compromised, or misused.
- Monitoring. You understand, acknowledge, and agree that we have the right, but not the obligation, to monitor and moderate the Community for any reason. You further understand, acknowledge, and agree that we may:
- remove anything that is, in our sole discretion, unacceptable, inappropriate, or not in compliance with these Terms;
- disclose data to law enforcement agencies or authorities who may investigate reports of misuse or abuse of the Account, the Site, and/or Services; and
- suspend or terminate access to the Community, at any time and without prior notice.
Permitted Use and Conduct
- Permitted Use. You may use the Site and Services only within the intended purpose and permitted use. You acknowledge that the purpose of the Community is to provide you with access to certain Services, and the purpose of the Site is to allow you to interact with the Services and interaction content created, uploaded, shared, published or distributed through the Site or Services (including within the Community), including the content of any Project you create, collaborate on, use, or access, in every case, whether directly or indirectly (“User Content”), and interact with other users or persons to facilitate business, education, and entertainment needs. Any use for other purposes or particular misuse of the Services or Site is not permitted.
- Improper Conduct. Under no circumstances are you permitted to engage in Improper Conduct. Improper Conduct includes, but is not limited to:
- Falsifying personal information or impersonating any natural or legal person, including misrepresentation of ownership or entitlement, required to use the Services;
- to spam, phish, pharm, pretext, spider, crawl, or scrape the Site or Community;
- colluding with any other person or engaging in any type of false valuation or falsification or fabrication of information;
- offer for sale or license any item or service, except Projects or as may be permitted in a separate agreement with us;
- to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose of the Site or Services;
- tampering with the administration of the Services or Site or trying to in any way tamper with the computer programs associated with the Services or Site;
- obtaining other persons information and spamming other users;
- using any information contained on or within the Site or Services, or accessed through the Site or Services, for the development, creation, or training of a large language model or other machine learning or artificial intelligence without the express written permission of FluxerHost;
- any behavior that is contrary to the goals, safety, and purpose of the Community;
- abusing the Services or Site in any way; or
- otherwise violating these Terms.
- Breach of Conduct. Failure to observe the limits of purpose and permitted use of the Community, the Site, and the Services is deemed a material breach of these Terms. We are entitled to – without prejudice to any other rights and in our sole and absolute discretion – terminate your access to the Community, revoke your Project, report your Account or any associated Account to Fluxer.app, and/or restrict your access to the Site and Services. You may not use or access the Site or Services, or submit any Projects, if we have terminated your access to the Community, revoked your Project, or otherwise elected not to provide you access to the Site or Services.
Intellectual Property
- Your Responsibilities. You are responsible for any User Content (defined in Section 3(a), above) that you or your authorized users create, use, publish, host, or post on or through the Site, or using the Services, including its legality, reliability, and appropriateness. By posting User Content on or through the Site, you represent and warrant that the User Content:
- is owned and created by you or you have the legal right to use it and the ability to grant us the rights and license as provided in these Terms;
- does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity;
- does not contain a link or promote any affiliate program, multi-level marketing scheme, sites repurposing existing stories or off-topic content;
- does not scrape, access, monitor, index, frame, link, or copy any content or information on the Site or Services by accessing the Site or Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the Site or Services through a browser or accessing the Site or Services through any approved mobile application, application programming interface, or client application, except as may be expressly permitted in separate writing by us;
- does not contain software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- does not falsely or incorrectly claim that you are, or any other person is, a technology, compliance, legal, government, or financial professional, expert, or agent, or falsely state, imply, or otherwise misrepresent your or another person’s affiliation with a government, government agency or entity, law enforcement, law firm, technology institution, financial institution, or educational facility; and
- is not and does contain unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited, objectionable, or infringing on the rights of any third party.
- Your Rights. Except for those rights granted herein and any other rights necessary or prudent to provide the Services and enforce or comply with these Terms, you retain any and all of your rights to any User Content you submit, post, create, use, or display on or through the Site or Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for any User Content you or any third-party post, create, use, or otherwise make available on or through the Site or Services. We reserve the right to terminate the account of anyone found to be infringing on a copyright or otherwise violating these Terms.
- Your License to Us. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and license to use, modify, publicly perform, publicly display, reproduce, re-format and distribute any such User Content on and through the Services and Site. You agree that this license includes the right for us to make your User Content available to other users, your authorized users and the administrators of the Site, who may also use your User Content subject to these Terms.
- Fluxer.app and Kubernetes. Except in the limited capacity of monitoring or moderating the Community and intended interoperability available to general public, FluxerHost is not associated or affiliated with Fluxer Platform AB, a Swedish company (“Fluxer.app”). For more information about Fluxer.app and Accounts, please see Fluxer.app’s terms of service and privacy policy. Except in the limited capacity of intended interoperability available to the general public, Fluxer.app is not associated or affiliated with The Linux Foundation, a California non-profit. “Kubernetes” and “Linux” are trademarks of The Linux Foundation and FluxerHost claims no right to the Kubernetes or Linux marks, or any copyrightable material owned or controlled by The Linux Foundation. For mor information about Kubernetes or Linux, please see the Kubernetes documentation.
- Intellectual Property Displayed. Any other information, images, data or content found on or through this Site (“Data”) is the property of FluxerHost, used and displayed by FluxerHost in accordance with 17 U.S. Code § 107, or used and displayed with permission given to FluxerHost, including all patent rights, copyright, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence (“Intellectual Property”). You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Data or Intellectual Property, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. You specifically agree not to access (or attempt to access) the Site, Services, User Content, Data or Intellectual Property through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site, Services, User Content, Data or Intellectual Property.
- Intellectual Property Ownership. The Site, Services, Data, and other Intellectual Property objects displayed, distributed, or otherwise made available via the Site and Services is the property of FluxerHost, and its successors, assigns, licensors, or suppliers. Except as otherwise stated in these Terms or if you have agreed otherwise in writing with us, nothing in these Terms gives you a right to use the Site, Services, Data, User Content or Intellectual Property, and nothing in these Terms transfers or assigns any ownership rights.
- License to Services. FluxerHost grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your personal or commercial use, as described in these Terms, for the period you access the Services and the functions related to your subscription, if relevant. Any Intellectual Property or Data provided through or used to operate the Services is licensed, not sold, to you by FluxerHost. You acknowledge that you have no right to access the Services in source-code form. We may inform you, by notice within the Services or otherwise, that the Services contains Intellectual Property governed by the license of a third party and you agree to abide by the terms of the Services. Unless you have been permitted in writing to do so in a separate agreement with us or we make a statement on the Site that says otherwise at the time such an action is taken, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Services or our Intellectual Property, not including the creation of derivative works, translations, modifications, or copies as permitted by the inherent nature of the Services from time to time.
- Feedback. We may provide means for you to give suggestions or feedback, or we may require information from you to provide troubleshooting or other Services. We are under no obligation to use suggestion, feedback, or information, but may, in our sole discretion, without any credit or notification to you. You hereby specifically disclaim any rights, whether through intellectual property, moral rights, or any other right in law or equity for any User Content you submit to us for the purpose of functionality suggestions, commentary, or feedback, including any complaints and regardless of the method you provide it to us, and further, you expressly permit us to utilize it as we deem necessary or desirable for any purpose whatsoever.
Third Party Content
- Links to and Integration with Other Sites and Sites. Use of certain links or integrated features on the Site will direct you to third party feeds, software, websites or applications such as Fluxer.app and Kubernetes (collectively, “Third-Party Sites”). Such Third-Party Sites are not under the control of FluxerHost, and we are not responsible for the content or services of any such Third-Party Sites or any link contained in such Third Party-Site. Links to Third-Party Sites included on or through the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third-Party Site or the products or services or information offered therein. If you decide to access any Third-Party Site information, you do so entirely at your own risk. In no event shall we be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Site. We strongly advise you to read the terms of service and privacy policies (and/or any other applicable document, contract, or agreement) of any Third-Party Site or any other website or services that you visit.
- Other Technologies. We may include other integrated technologies or services in the Site and Services, as we deem necessary. Any such additional technology will be subject to the restrictions in our Privacy Policy, which may be updated to reflect any such addition.
- Non-Reliance. Any content provided by FluxerHost through the Services is intended to be used and must be used for informational and educational purposes only. It is very important to do your own analysis and consult with a professional advisor before financial, tax, or legal decision based on your own personal circumstances. You should take independent financial, tax, and legal advice from a professional in connection with, or independently research and verify, any information that is provided by us, members of the Community or other third-parties and wish to rely upon, whether for the purpose of making an investment, tax, or legal decision or otherwise. Any content, data, information, or publications made available through the Services are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties (including members of the Community and other Users) are those of the respective authors or publishers and not of FluxerHost. Such information should not be interpreted as approval by FluxerHost of those content or information you may obtain from them. FluxerHost has no control over the content or information of these resources. FluxerHost disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
Projects
- Projects and Showcase. Projects (“Projects”) are User-created libraries, templates, bots, tools experiments, and other applications for use within the Fluxer.app ecosystem and supported by FluxerHost. Any person may apply to host a Project by providing the requested information on this linked application form.
- Applications; Selection Process. You can apply to host a Project by providing the requested information on this linked application form. By providing the requested information, you are representing and warranting that you are authorized by the individual or entity actually developing, creating, or causing such development or creation, to engage with FluxerHost on that individual or entity’s behalf. FluxerHost has the sole and absolute discretion to approve or deny Projects for any reason or no reason at all, in its sole and absolute discretion. FluxerHost has no responsibility to you whatsoever with regards to such an application, and is under no obligation to allow you access to those Services reserved for Projects.
- Approval Not Endorsement. Approval of a Project by FluxerHost is not an endorsement of any content, feature, functionality, User, or entity, nor shall FluxerHost be held responsible for any use, non-use, or results therefrom. Use of or access to any Project is at the risk of the individual or entity using or accessing such Project. FluxerHost may publicly display Projects on the Site from time to time and by applying for a Project, you are granting permission for FluxerHost to copy, display, and distribute your Project, provided that, no publication by FluxerHost is a guarantee of any particular volume of use, if any.
- Truthfulness of Information. You understand, acknowledge, and agree that any Project information you provide to us must be accurate, current, truthful, and complete, and you will keep your information accurate, current, truthful, and complete. We may identify you and send notices, statements, and other information to you by e-mail or through the Community.
Termination
- Termination. We may terminate these Terms, your Project, or your access to the Community, if any, or any use of or access to the Site or Services at any time for any reason, with or without cause. We specifically reserve the right to terminate these Terms if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of FluxerHost or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal, incorrect, or immoral material. If you are a member of the Community, you may terminate these Terms by removing yourself from the Community or deleting your Account. If you are working on a Project, you may also terminate these Terms at any time by contacting us via email to contact@fluxer.host and requesting termination.
- Effect of Termination. Upon the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect, including, but not limited to Intellectual Property, Indemnification, Limitation of Liability, Dispute Resolution, and Disclaimers. Upon termination, your right to use the Site and Services is automatically revoked, including your access to the Community, and your Project will be closed or rejected if not yet approved. As a result Project closure and your termination of these Terms, YOU MUST NOT ACCESS THE SITE OR SERVICES, INCLUDING JOINING OR REJOINING THE COMMUNITY OR SUBMISSION OF A NEW PROJECT.
- Effect on User Content. Except as otherwise required by law, if your access to the Community is revoked or your Project is closed for any reason, you will no longer have access to User Content you keep on or through the Site and/or Services and termination may involve deletion of any User Content stored or hosted on or through the Site and/or Services, for which we have no liability whatsoever. We, in our sole discretion and as permitted or required by law, may retain some or all of your information and/or User Content, including any license thereto.
- Risk of Loss. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN A SEPARATE AGREEMENT THAT IS SIGNED BY US, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
Disclaimers
- No Professional Advice. FLUXERHOST PROVIDES THE SITE AND SERVICES AS A MEDIUM TO FACILITATE PROFESSIONAL RELATIONSHIPS AND PROVIDE ACCESS TO EDUCATIONAL INFORMATION AND THE SERVICES. FLUXERHOST DOES CONTROL THE SERVICES PROVIDED BY FLUXER.APP, THE LINUX FOUNDATION, OTHER THIRD PARTY SERVICE PROVIDERS, COMMUNITY MEMBERS, PROJECT CREATORS, OTHER USERS, OR ANY OTHER THIRD PARTY, WHETHER OR NOT FLUXERHOST LINKS TO OR PROVIDES SUCH THIRD PARTY AS A RESOURCE TO USERS, NOR DOES FLUXERHOST PROVIDE FINANCIAL, INVESTMENT, LEGAL, PROPERTY, TAX OR ANY OTHER PROFESSIONAL ADVICE. FLUXERHOST IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER, TAX ADVISOR, ACCOUNTANT, OR ATTORNEY. NOTHING ON OR IN THE SITE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF INVESTMENT ADVICE, TAX ADVICE, LEGAL ADVICE, BUSINESS OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO INVEST IN A COMPANY) BY FLUXERHOST OR A RECOMMENDATION AS TO A BUSINESS OR INVESTMENT STRATEGY BY FLUXERHOST. YOU ACKNOWLEDGE AND AGREE THAT FLUXERHOST IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SITE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES ON THE SITE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN, ON, OR THROUGH THE SITE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK.
- Community. FLUXERHOST PROVIDES THE COMMUNITY AS A CONVENIENCE ONLY, AND DOES NOT CONTROL NOR ENDORSE THE RESPONSES OR OUTCOME OF ANY DISCUSSION OR THREAD.
- Non-Specificness. WE WILL STRIVE TO ENSURE ACCURACY OF INFORMATION PROVIDED ON THE SITE, HOWEVER, WE DO NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE SITE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. WE EXPRESS NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY COMPANY OR OTHER INTEREST. CONTENT ON THE SITE MAY NOT BE USED AS A BASIS FOR ANY INVESTMENT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF FLUXERHOST.
- No Guarantee of Accuracy or Availability. SOME CONTENT PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SUBMITTED TO US BY THIRD-PARTY PROVIDERS, SUCH AS PROJECTS. OTHER CONTENT IS UPLOADED BY YOU AND OTHER USERS. WE DO NOT REVIEW ALL CONTENT FOR ACCURACY, NOR DO WE REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE SITE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. WE DISCLAIM ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SITE CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES. FLUXERHOST PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SITE INCLUDING BUT NOT LIMITED TO THAT (I) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECT-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
- No Fiduciary Duty. Nothing in these Terms shall be construed to create a fiduciary duty owed by FluxerHost. These Terms are not intended to, and do not, create or impose any fiduciary duty on FluxerHost, its employees, agents, affiliates, assigns, subcontractors, licensors, suppliers, or any other persons or entities.
- Disclaimer of Warranties. Your access to and use of the Site and Services is at your sole risk, and you expressly understand and agree that access to and use of the Site and Services is at your sole risk. The Site (including the Services, Data, and any User Content) is provided to you on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including, without limitation, any warranties contained elsewhere in these Terms of Service and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that FluxerHost has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the User Content and/or Data may have on you; how you may interpret or use the User Content and/or Data; or what actions you may take as a result of having been exposed to the User Content and/or Data. You release FluxerHost from all liability for you having acquired or not acquired User Content, Data, or other information on or through the Site or Services. The Site or Services may contain, or direct you to other websites containing information that some people may find offensive or inappropriate, or may be incorrect. We make no representations concerning any User Content or Data contained in or accessed through the Site or Services, and FluxerHost will not be responsible or liable for the accuracy, compliance, legality, truthfulness, correctness, or decency of material contained in or accessed through the Site or Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” FLUXERHOST, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SITE AT ANY TIME.
- Warranties Required by Law. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Support and Notices
- Support. We only provide support services for the operation of the Services. Should you become aware of misuse of the Services including libelous or defamatory conduct, you must report it to FluxerHost. We recommend contacting us for assistance if you experience any issues regarding the Services by contacting us via email to contact@fluxer.host.
- Notices. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Community or Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly. To give us notice under these Terms, you must contact us via email to contact@fluxer.host.
Miscellaneous
- Assignment. You understand, acknowledge, and agree that we have the right to assign or transfer these Terms and its rights and obligations hereunder to any third party. You understand, acknowledge, and agree that you shall not assign or transfer your rights or subcontract or delegate the performance of any of your obligations under these Terms without our prior written consent, which may or may not be given, withheld, or delayed at our sole and exclusive discretion.
- Entire Agreement. These Terms, including the Privacy Policy and any other document incorporated by reference in these Terms, constitute the entire agreement between you and FluxerHost relating to your use and our provision of the Services. No modification or amendment will be binding upon us unless in a written instrument signed by our duly authorized representative or made available to you by us.
- Impossibility. We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
- Independent Contractors. The relationship between you and FluxerHost is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between you and us, you have no authority to contract for or bind us in any manner whatsoever.
- Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
- Third-Party Beneficiaries. You understand and agree that, except as otherwise provided for in these Terms, there shall be no third-party beneficiaries to the Terms.
- Titles and Headings. Titles and headings of sections of these Terms are for convenience only and shall not affect the construction of any provision of these Terms.
- Waiver. You and FluxerHost agree that if either of us fails to exercise or enforce any legal right or remedy which is contained in these Terms (or which it has the benefit of under any applicable law), this failure to act will not be taken to be a formal waiver of any rights and that those rights or remedies will still be available.