Terms Of Service

Welcome to AoE Web Services LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, WHMCS client portal, web hosting, offsite backup vaults, game server hosting, and related infrastructure services (collectively, the "Services"). As used in these Terms, "Customer," "you," or "your" refers to the individual accessing or using the Services, or the business, organization, or legal entity on whose behalf that individual is acting with authority to enter into this agreement.

By registering an account, purchasing a subscription, or using any of our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

AoE Web Services LLC commence and become effective upon the earliest of the following events:

• (a) The date and time you purchase a service from our company;
• (b) The date you execute or sign a Website Design & Development Agreement with us;
• (c) The date you register an account or submit an order through our customer portal; or
• (d) The date you first access or utilize our Services.

1. Account Eligibility & Age Requirement

• 18+ Age Restriction: You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account, make purchases, or use our Services.
• COPPA Compliance: Our services are not directed to children under the age of 13. We do not knowingly collect, use, or disclose personal information from children under 13 years of age. If we learn that we have inadvertently collected personal information from a child under 13 without verified parental consent, we will take immediate steps to delete that information from our records.
• Account Information: You agree to provide accurate, current, and complete contact and payment information in our billing portal and keep this information updated at all times.

2. Services Provided

AoE Web Services LLC provides infrastructure services including, but not limited to:

• Virtual private server (VPS) web hosting
• Offsite backup storage
• Multiplayer game server hosting

We reserve the right to modify, suspend, or discontinue any feature or component of our Services at any time with or without prior notice.

3. Intellectual Property & User License

• Company Ownership: All right, title, and interest in and to the Services—including all software, platform infrastructure, websites, payment portals, user interfaces, documentation, logos, trademarks, service marks, and trade names owned or operated by AoE Web Services LLC—are and will remain the exclusive property of AoE Web Services LLC and its licensors. Nothing in these Terms grants you any ownership rights or intellectual property rights in our platform or brand assets.
• Customer Content Ownership: As between you and AoE Web Services LLC, you retain all right, title, and interest (including all intellectual property rights, data provided by AoE web services, logs created by applications that the customer has a right to use except for server logs, code or automation the customer creates) in and to data, files, software, applications, media, and content hosted, uploaded, or transmitted through your customer’s account.
• License Grant to Customer: You grant AoE Web Services LLC a non-exclusive, worldwide, royalty-free license to host, copy, transmit, store, backup, and process Customer Content solely to the extent necessary to provide, maintain, secure, and troubleshoot the services in accordance with these Terms.
• Limited License Grant: Subject to your full compliance with these Terms and prompt payment of all applicable fees, AoE Web Services LLC grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for your own personal or lawful business use. 
  
  License Restrictions: Except as expressly permitted under these Terms, you shall not:
  
  • (a) Modify, reverse engineer, decompile, or disassemble any portion of our platform or software;
  • (b) Resell, sublicense, lease, or redistribute access to our infrastructure to third parties without prior written consent;
  • (c) Remove, alter, or obscure any copyright, trademark, or proprietary notices attached to or contained within our Services; or
  • (d) Use our trademarks or logos without our prior express written permission.
  
  

4. Privacy Policy

Users acknowledge and agree to our data practices regarding information collection, user rights, and privacy safeguards as detailed within the full Privacy Policy agreement. The Privacy Policy is incorporated into these Terms of Service by reference.

5. Acceptable Use Policy (AUP)

The Customer agrees to comply with the Acceptable Use Policy ("AUP"), which is incorporated into these Terms of Service by reference. In the event of an Acceptable Use Policy violation, we reserve the right to suspend or terminate services. Upon termination for severe AUP violations (e.g., malware, illegal content, outbound attacks), data access may be revoked immediately.

6. Data Processing Addendum(DPA)

The parties agree to comply with the Data Processing Addendum ("DPA"), which governs the processing, handling, and protection of personal data and is incorporated into these Terms of Service by reference.

7. Service Level Agreement(SLA)

The Customer agrees to comply with the Service Level Agreement ("SLA"), which is incorporated into these Terms of Service by reference. In the event of a Service Level Agreement violation, we reserve the right to suspend or terminate services. Upon termination for severe SLA violations, data access may be revoked immediately.

8. Billing, Payments, and Cancellations

• Recurring Billing: Services are billed on a recurring subscription basis (monthly, quarterly, or annually) through our billing portal.
• Payment Authorization: You authorize AoE Web Services LLC to automatically charge your selected payment method on each renewal date.
• Late Payments & Invoices: Invoices not paid by the due date may incur late fees or lead to automated service suspension. Suspended accounts may be ly terminated and wiped after 7 days of non-payment.
• Grace Period & Late Fee Charge: Invoices not paid within 7 days of the due date are subject to an administrative late fee. You agree to pay a late charge equal to $5.00 OR 15% of the total overdue invoice balance, whichever is greater] (or the maximum allowable rate under applicable law).
• Automated Service Suspension: If an invoice remains unpaid 7 days after the due date, AoE Web Services LLC reserves the right to automatically suspend your access to all associated services, Virtual Private Servers (VPS), game server instances, and backup vaults without further notice.
• Reconnection & Unsuspend Fee: To restore suspended services, all outstanding account balances, including accrued late fees, must be paid in full. A service reactivation fee of $10.00 may apply.
• Chargebacks & Disputes: Initiating a credit card chargeback or PayPal dispute without contacting support first will result in immediate suspension of all associated services and accounts.
• Refund Policy: Hosting fees and server setup charges are non-refundable. Domain registrations and bandwidth overages are strictly non-refundable.

9. Backups and Data Responsibility

• Data Controller vs. Data Processor: You act as the Data Controller for all content and user data stored on your hosting accounts, game servers, or backup vaults. AoE Web Services LLC acts as a Data Processor for customers' content.
• Data Roles & DPA Incorporation: To the extent that AoE Web Services LLC processes personal data on your behalf in connection with hosting services, virtual private servers, backup storage vaults, or game servers, you acknowledge and agree that you act as the Data Controller and AoE Web Services LLC acts as the Data Processor. Such processing is governed by our Data Processing Addendum (“DPA”), which is hereby incorporated into these Terms by reference.
• Customer Backup Responsibility: Any automated or system-level backups provided by AoE Web Services LLC are offered on a best-efforts basis as a convenience. You remain solely responsible for maintaining independent, verified offsite copies of your data. We make no representation or warranty that backups will be complete, uncorrupted, or restorable.
• No Guarantee of Data Preservation: We are not responsible or liable for any loss of data, corruption, hardware failures, or software errors.
• Security Breach Notification: In the event that AoE Web Services LLC confirms a security breach or unauthorized access affecting the physical or cloud infrastructure hosting your data, we will notify you without undue delay (and no later than 72 hours after becoming aware of the confirmed breach) via the primary email address on file in your billing account.
• No Guarantee of Data Recovery: While we may perform routine administrative backups for internal server stability or disaster recovery purposes, we offer no guarantee that backups will be available, complete, or error-free. We shall not be held liable for any data loss, file corruption, or failure to restore server instances.

10. Service Uptime and Maintenance

• Scheduled Maintenance: We periodically perform system maintenance, upgrades, and emergency hardware repairs. We strive to provide advance notice for planned outages.
• Uptime Limits: While we aim for maximum availability, we do not guarantee uninterrupted or error-free operation of our servers. Downtime caused by upstream network providers, DDoS attacks, hardware failures, or emergency maintenance does not constitute a breach of these Terms.
• Disclaimer of Warranties ("AS IS" and "AS AVAILABLE")
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, HOSTING INFRASTRUCTURE, VIRTUAL PRIVATE SERVERS, SOFTWARE, PORTALS, AND CONTENT PROVIDED BY AOE WEB SERVICES LLC ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS , WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.AOE WEB SERVICES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF MALWARE OR SECURITY VULNERABILITIES, NOR DO WE WARRANT THAT ANY customer DATA, DATABASES, OR SERVER BACKUPS WILL BE PRESERVED WITHOUT LOSS OR CORRUPTION.
• Limitation of Liability
  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AOE WEB SERVICES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR HOSTING SERVICES.

11. Limitation of Liability & Indemnification

• Limitation of Liability: To the maximum extent permitted by applicable law, AoE Web Services LLC, its officers, directors, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including lost profits, lost revenues, lost data, or business interruption—arising out of or related to your use of the Services.
• Cap on Liability: In no event shall our total aggregate liability exceed the total amount paid by you to AoE Web Services LLC during the one (1) month period immediately preceding the event giving rise to the claim.
• Indemnification: You agree to defend, indemnify, and hold harmless AoE Web Services LLC from any claims, damages, liabilities, losses, or legal fees resulting from your breach of these Terms, your use of the Services, or any content hosted on your account.

12. Account Suspension and Termination

• Termination by customer: You may cancel your account or active services at any time via the customer portal. Cancellations will take effect immediately or at the end of the current billing cycle, as selected during your cancellation request.
• Termination by Company: We reserve the right to suspend or terminate your access to our Services immediately, without prior notice or liability, for any reason, including violation of these Terms or the Acceptable Use Policy. Upon termination, your right to use the Services will immediately cease, and all stored data may be ly destroyed.
• Data Retention, Return, and Purge: Standard Cancellations / Expirations: Upon cancellation or non-renewal of a service, you will be granted a 7-day grace period to export or retrieve your hosted data, after which all hosted files, virtual server disk images, and backups will be ly deleted from our primary and backup systems.
• Termination for AUP / Serious Violations: If an account is suspended or terminated due to critical AUP violations (including, but not limited to, outbound DDoS attacks, malware distribution, or illegal content), AoE Web Services LLC reserves the right to immediately restrict data access and ly purge all stored data without prior notice or opportunity for data export.
• Post-Termination Deletion Obligation: In accordance with our DPA, upon final termination of services and expiration of any applicable grace period, AoE Web Services LLC will destroy and purge all customer data stored on our servers, except where retention is required by applicable law or active law enforcement investigation.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any legal actions or proceedings arising under these Terms shall be brought exclusively in the state or federal courts located in Illinois.It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this agreement, be constructed in accordance with the governed, to the exclusion of the law of other forum, by the laws of Illinois, without regard to the jurisdiction in which any or special proceeding man be instituted.

• Governing Law and Venue
  These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice of law or conflict of law provisions.
  
  
• Informal Dispute Resolution
  Before filing any formal legal claim or demand against AoE Web Services LLC, you agree to attempt to resolve the dispute informally by contacting our legal team here(contact us)   or through our billing portal. We will attempt to resolve the dispute informally via email within thirty (30) days.
  
  
• Binding Arbitration
  Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by arbitration administered by one arbitrator of AoE's choosing and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof The arbitration proceedings shall take place in the State of Illinois or via remote virtual hearing, at AoE Web Services LLC's discretion. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  
  
• CLASS ACTION WAIVER
  YOU AND AOE WEB SERVICES LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING.THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. BY AGREEING TO THESE TERMS, YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST AOE WEB SERVICES LLC.

14. DMCA & Copyright Compliance 

• Customer Content Representation: You represent and warrant that you possess all necessary rights, titles, licenses, and permissions to host, distribute, and transmit all Customer Content on our infrastructure without infringing third-party intellectual property rights. Customers will comply with DMCA takedown notices.

15. Miscellaneous & General Provisions

• Force Majeure
  Neither party shall be held liable or responsible for any failure, delay, or interruption in the performance of its obligations under these Terms (excluding payment obligations) if such failure or delay is caused by events beyond its reasonable control. Such events include, but are not limited to: acts of God, extreme weather events, natural disasters, fires, floods, earthquakes, regional power grid or telecommunication failures, upstream data center or internet backbone provider outages, hardware component failures, cyberattacks or Distributed Denial of Service (DDoS) attacks exceeding standard mitigation capacities, labor strikes, civil unrest, acts of war, or government restrictions and mandates.
• Severability
  If any provision, clause, or portion of these Terms is determined by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if necessary. The invalidity or unenforceability of any single clause shall not affect the validity, legality, or enforceability of any remaining provisions, which shall remain in full force and effect.
• Entire Agreement
  These Terms of Service, together with any incorporated documents and policies (including our Privacy Policy, Acceptable Use Policy, Data Processing Addendum, and Service Level Agreement), constitute the entire and exclusive agreement between you and AoE Web Services LLC regarding your use of the Services. This agreement supersedes and replaces all prior or contemporaneous communications, proposals, representations, understandings, or agreements, whether written, oral, or electronic, between you and AoE Web Services LLC.
• Assignment
  You may not assign, transfer, resell, or delegate your account, rights, or obligations under these Terms, whether by operation of law or otherwise, without the express prior written consent of AoE Web Services LLC. Any attempted assignment or transfer in violation of this section shall be null and void. AoE Web Services LLC may freely assign, transfer, or delegate its rights and obligations under these Terms at its sole discretion without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its business or assets.
• Notices and Legal Communications
  • Notices to You: You agree that AoE Web Services LLC may provide required legal notices, policy updates, and administrative communications electronically. Electronic notices will be delivered to the primary email address registered to your customer account or posted as a general announcement inside the customer portal. Notices delivered by email shall be deemed received twenty-four (24) hours after transmission.
  • Notices to AoE Web Services LLC: All contractual notices, legal inquiries, or formal notices of breach must be submitted electronically in writing to:
    
    
    • Entity: AoE Web Services LLC
    • Legal/Privacy Email: aoewebservices@gmail.com
    
    Formal service of court process or legal summons must be served upon AoE Web Services LLC’s Registered Agent of record on file with the Illinois Secretary of State.
    

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Updated versions will be posted on our website with a revised "Last Updated" date. Continued use of our Services following any changes constitutes your acceptance of the new Terms.

17. Contact Us

If you have any questions regarding these Terms, please contact us