Terms of Service
Version 1.1 - Effective December 12, 2025
TERMS OF SERVICE AND ACCEPTABLE USE POLICY
VERSION 1.1
Last Updated: December 2025
IMPORTANT: THESE TERMS OF SERVICE ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THE SERVER ADMINISTRATION DASHBOARD (THE "PLATFORM"). THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND EZELBEE, LLC ("OWNER").
BY CHECKING THE ACCEPTANCE BOX OR ACCESSING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
1. AUTHORIZED ACCESS ONLY
The Platform is a private, restricted-access administration tool owned and operated by Ezelbee, LLC, a New Mexico limited liability company. Access is granted strictly on an invitation-only basis. You represent that:
- You have been explicitly authorized by the Owner to access the Platform;
- The credentials (username and password) used to access the Platform were issued specifically to you; and
- You are acting in your professional capacity as a system administrator or authorized technician.
2. HIGH-RISK SYSTEM ACKNOWLEDGMENT
You acknowledge that the Platform provides administrative access to mission-critical servers, databases, and infrastructure. You understand that misuse, negligence, or error within the Platform may result in irreversible data loss, system outages, or corruption of confidential information. By accessing the Platform, you voluntarily assume all risks associated with administrative control functions.
3. CONFIDENTIALITY
You agree that all data, configurations, user information, and system architecture visible through the Platform constitute "Confidential Information." You shall:
- Maintain all Confidential Information in strict confidence;
- Not disclose such information to any third party without Owner’s prior written consent; and
- Use such information solely for the purpose of authorized system administration.
4. SECURITY OBLIGATIONS
You are responsible for maintaining the security of your access credentials. You agree to:
- Notify the Owner immediately of any unauthorized use of your account;
- Log out from the Platform at the end of each session; and
- Not share, transfer, or sublicense your access credentials to any other person or entity.
5. PROHIBITED CONDUCT
You shall not:
- Use the Platform for any illegal purpose or in violation of any local, state, or federal law;
- Reverse engineer, decompile, or attempt to derive the source code of the Platform;
- Execute commands or scripts intended to disrupt, damage, or limit the functionality of the underlying servers, unless explicitly authorized as part of maintenance duties; or
- Access data not intended for your user account level.
6. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OWNER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OWNER’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO OWNER FOR USE OF THE PLATFORM IN THE LAST 12 MONTHS; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ezelbee, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your access to or use of the Platform;
- Your violation of these Terms; or
- Your negligent or intentional destruction of data or systems managed via the Platform.
9. MANDATORY BINDING ARBITRATION (PLEASE READ CAREFULLY)
(a) Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration rather than in court.
(b) Venue and Procedure. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. THE ARBITRATION SHALL BE CONDUCTED EXCLUSIVELY BY VIRTUAL MEANS (VIDEO CONFERENCE), and the arbitrator shall have no authority to require the physical presence of the parties or witnesses.
(c) Arbitrator Authority. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitrator’s rules, and these Terms.
(d) Attorneys' Fees. The prevailing party in any arbitration shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
10. CLASS ACTION WAIVER
YOU AND OWNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11. GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of the State of New Mexico without regard to its conflict of laws provisions.
12. TERMINATION
Owner reserves the right to suspend or terminate your access to the Platform at any time, with or without cause, and without notice.