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Last updated / effective date: July 1, 2026

PLEASE READ THESE TERMS CAREFULLY. Section 20 contains a BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER that affects your legal rights. It requires most disputes between you and XIO Systems Co. to be resolved by individual arbitration rather than in court, and waives your right to participate in a class action or class-wide arbitration. Section 20.4 preserves consumer rights that cannot lawfully be waived, including under British Columbia's Business Practices and Consumer Protection Act. You may opt out of arbitration within 30 days of first accepting these Terms as described in Section 20.7.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms. Please review them periodically. Your continued use of the Services following the posting of changes constitutes your acceptance of the revised Terms. The date these Terms were last updated appears at the top of this page.

1. Introduction and Acceptance

These Terms of Service (the "Terms") are a legally binding agreement between you ("you", "your", or "Client") and XIO Systems Co., doing business as Legion Hosting ("Legion Hosting", "we", "us", or "our"). They govern your access to and use of our website, control panels, software, servers, and all related products and services (collectively, the "Services").

By creating an account, placing an order, starting a trial, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not use the Services.

2. Eligibility and Your Account

  • You must have reached the age of majority in the jurisdiction where you live — 19 in British Columbia, and 18 or 19 elsewhere in Canada depending on the province — in order to purchase the Services. If you are under that age, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms and is financially responsible for all charges incurred on the account.
  • You must provide accurate, current and complete registration and billing information, and keep it up to date. We may suspend or terminate accounts with information we reasonably believe to be false, incomplete, or fraudulent.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at [email protected] if you suspect unauthorized access.
  • You may not create a new account, or use another person's account, to evade a suspension or termination.

3. The Services

Legion Hosting provides game server hosting, web hosting, and voice and bot hosting, together with related infrastructure and support services, including but not limited to servers for popular multiplayer titles and platforms. The specific resources, features and limits applicable to your order are those described on the product page or order form at the time of purchase.

We may add, modify, suspend or discontinue any Service, feature or product at any time. Where we discontinue a Service you are actively paying for, we will make reasonable efforts to give advance notice and will refund any prepaid, unused portion of the fees for that Service.

The Services are provided for your own use. You may not resell, sublicense or otherwise make the Services available to third parties except with our prior written agreement.

4. Free Trials

We may offer trial servers at no charge. Trials are provided at our sole discretion and are subject to the following, in addition to the rest of these Terms:

  • Trials are limited to one per person, household, payment method and IP address unless we state otherwise. Creating multiple accounts to obtain additional trials is a breach of these Terms.
  • Trials carry no service level commitment, may have reduced resources or features, and may be modified, suspended or terminated at any time without notice.
  • Trial servers and all data on them, including world saves and configuration, are deleted at the end of the trial period unless the trial is converted to a paid service before it expires. Export anything you wish to keep before expiry.
  • Trials have no cash value and are not refundable or transferable.

5. Fees, Billing and Automatic Renewal

AUTOMATIC RENEWAL. Unless you cancel first, your subscription automatically renews at the end of each billing period (monthly, quarterly, annually or as otherwise selected at checkout) and your payment method on file will be automatically charged the then-current renewal price for a further period of the same length. You authorize us and our payment processors to store your payment method and to charge it on each renewal until you cancel.

  • How to cancel. You may cancel at any time from the client area by opening the service and submitting a cancellation request, or by contacting [email protected]. To avoid being charged for the next period, your cancellation request must be submitted before the renewal date of the current period. Cancellation is effective at the end of the current paid period unless you request immediate cancellation.
  • Invoicing. Invoices are generated in advance of the renewal date. All fees are payable in advance and in the currency shown at checkout.
  • Price changes. We may change the price of a Service. Price changes take effect at your next renewal, and we will give you notice by email before the change applies so that you can cancel if you do not accept the new price.
  • Taxes. Prices are exclusive of applicable taxes, including Canadian GST, HST and provincial sales tax, and any VAT, sales or similar tax of your own jurisdiction, which will be added where we are required to collect them. You are responsible for any other taxes arising from your use of the Services.
  • Overdue accounts — act quickly. If an invoice is not paid by its due date, we may charge any late fee shown on the invoice. We may suspend the affected Services one (1) day after the due date, and terminate them two (2) days after the due date. TERMINATION PERMANENTLY DELETES YOUR SERVER AND ALL DATA ON IT, INCLUDING WORLD SAVES, IMMEDIATELY AND WITHOUT FURTHER NOTICE. These periods are deliberately short. Pay renewal invoices on time and keep your own backups. See Section 12.
  • Fee changes and offers. Promotional or discounted pricing applies only for the period stated in the offer; the Service renews at the standard rate afterwards unless we state otherwise.

6. Refunds

  • Fault-based refunds within three (3) days. We do not offer a no-questions-asked or money-back guarantee. You may request a refund of your first payment for a new Service within three (3) days of purchase where the Service is materially not working for reasons within our control. A request will be granted only where all of the following apply:
    • you reported the fault to us by support ticket within the three (3) days period, from the logged-in account that placed the order;
    • you gave us a reasonable opportunity to investigate, and cooperated with reasonable troubleshooting requests;
    • we were unable to resolve the fault, or could not do so within a reasonable time;
    • the fault is attributable to our infrastructure, network or software, and not to your own configuration, mods, plugins, scripts, or third-party software you installed, to a defect or outage in the game or platform itself, to your internet connection, or to your having exceeded the resource limits of your plan.
    We do not refund for change of mind, ordering the wrong product, region or plan size, a plan proving too small for your use, a game or mod not behaving as you expected, or general dissatisfaction that is not a fault in the Service. Requests made after three (3) days, and all renewal payments, are non-refundable. Nothing in this Section limits any statutory cancellation or refund right you have that cannot lawfully be waived.
  • The following are not refundable in any case: setup fees, licences and other third-party charges, dedicated IP addresses, trials, account credit, and any Service terminated by us for breach of these Terms.
  • All refund requests must be made via a ticket on our website from a logged-in account. Refunds are issued as account credit or to the original payment method at our discretion.
  • If you cancel mid-period, you will not be refunded for the remaining time on the subscription, and you retain access to the Service until the end of the period you have paid for.
  • When a refund is issued, the related Services are terminated and their data is deleted.

7. Chargebacks and Payment Disputes

If you have a billing concern, contact us first — most issues are resolved the same day. If you open a chargeback, reversal or payment dispute:

  • we may immediately suspend any and all of your Services and account access pending resolution;
  • refunds will thereafter be provided only at our sole discretion, and not in accordance with the refund terms in Section 6;
  • you remain liable for the disputed amount; and
  • we may refuse to provide Services to you in the future and may refer unpaid balances for collection.

8. Acceptable Use

You are responsible for your conduct and for any data, text, files, information, usernames, images, graphics, photographs, audio and video, software, plugins, mods, configurations, links and other content or materials (collectively, "Content") that you or your users submit, install, store, transmit or display through the Services. You agree not to use the Services to:

  • violate any applicable law or regulation, or facilitate any illegal activity;
  • infringe or misappropriate any patent, copyright, trademark, trade secret or other intellectual property or proprietary right, including by running pirated, cracked or unlicensed game servers, software, plugins or mods;
  • store, transmit or distribute CSAM, which we are required by law to report and will report to Cybertip.ca and to law enforcement, and to the National Center for Missing and Exploited Children where United States law applies, or any other content that is unlawful to possess or distribute;
  • distribute spam, unsolicited bulk messaging, phishing content, malware, ransomware, botnet controllers, exploit kits or credential-stealing tools, whether via email, in-game chat, Discord or otherwise;
  • originate, participate in, or provide infrastructure for denial-of-service or distributed denial-of-service attacks, network flooding, port scanning, vulnerability scanning, brute-force attacks, or unauthorized access to any system or network;
  • engage in hate speech, harassment, threats, or discrimination, or promote violence, terrorism or self-harm;
  • run cryptocurrency mining, coin-hashing, distributed computing or similar workloads on any Service not expressly sold for that purpose;
  • operate open proxies, public VPN endpoints, Tor exit nodes, or anonymization services;
  • run workloads on a game server plan that are not the hosting of the game or platform the plan was sold for;
  • consume CPU, memory, disk, disk I/O or network resources in a way that materially degrades service for other customers, or exceed the limits published for your plan;
  • circumvent, disable or interfere with any security, rate-limiting, billing or access control feature of the Services, or attempt to access another customer's data or servers;
  • resell, share or sublicense the Services or your account credentials except as permitted in Section 3;
  • evade a suspension or termination, including by opening a new account or using another person's account;
  • abuse trials, promotions, refunds, chargebacks or the affiliate program;
  • breach the terms of a platform your service connects to. In particular, if you host a Discord bot you must comply with Discord's Terms of Service and Developer Policy — self-bots, user-account automation, unauthorised scraping of Discord data, and bots designed to spam, raid, mass-DM or evade Discord bans are prohibited; or
  • operate a game server in breach of the rules of the game's publisher or platform, including the Cfx.re/FiveM Terms of Service and Platform Server Rules and any publisher restriction on selling in-game advantages, running unlicensed builds, or circumventing licence keys.

We may investigate suspected violations and may remove or disable Content or Services that we reasonably believe violate this Section. We may report violations to law enforcement and cooperate with lawful investigations. Reports of abuse may be sent to [email protected].

9. Your Content, and Personal Data You Process on Our Servers

9.1 Ownership and licence. You retain all ownership rights in your Content. You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display and back up your Content solely to the extent necessary to provide, secure, and support the Services. You represent and warrant that you have all rights necessary to grant this licence and that your Content and its use do not violate Section 8 or any third-party right.

9.2 Data processing roles. Where you run a server that collects personal data about your own players or users — for example player names, IP addresses, chat logs, ban records or bot data — you are the controller of that data and we act as your processor. You are responsible for having a lawful basis for that processing, for informing your users, and for responding to their requests. This Section 9.2, together with our Privacy Policy, forms the data processing agreement between us for that data.

9.3 Our obligations as processor. In respect of personal data we process on your behalf, we will:

  • process it only on your documented instructions, which are the instructions given by your use of the Services and any support request, unless we are required to do otherwise by law, in which case we will tell you before processing unless the law prohibits it;
  • ensure that personnel authorised to access it are bound by confidentiality obligations;
  • implement appropriate technical and organisational security measures, as described in the Privacy Policy;
  • engage sub-processors only under a written contract imposing equivalent obligations, and remain liable for their performance. Our current categories of sub-processor are the service providers described in the Privacy Policy, and we will give you notice of any intended change so that you may object;
  • taking into account the nature of the processing, assist you by appropriate measures in responding to requests from your users to exercise their rights, and in meeting your obligations relating to security, breach notification and impact assessments;
  • notify you without undue delay after becoming aware of a personal data breach affecting your data;
  • on termination, delete the data in accordance with Section 12, or return it where you request an export before deletion and it is technically feasible; and
  • make available information reasonably necessary to demonstrate compliance with this Section, and allow for and contribute to audits, which may be satisfied by providing existing reports or written responses.

Transfers of that data outside your jurisdiction are governed by the International Transfers section of the Privacy Policy. If you require a separate signed data processing agreement or standard contractual clauses, contact [email protected].

10. Third-Party Games, Software and Licences

The Services may be used to run software published by third parties, including game servers, mods, plugins and modpacks. You are solely responsible for complying with the licences, end user licence agreements and commercial-use rules of any such software, including any publisher's rules about monetization of servers. We are not affiliated with, endorsed by or sponsored by any game publisher unless expressly stated, and we do not grant you any licence to third-party software.

11. Service Availability

We work hard to keep the Services online, but except where we have agreed a written service level agreement with you, the Services are provided without any uptime guarantee, service level commitment or availability credit. The Services may be unavailable during scheduled or emergency maintenance, and may be affected by matters outside our control including network attacks, upstream provider failures, and third-party game or platform outages. Any uptime figures quoted in marketing materials are targets, not commitments, and do not form part of these Terms.

12. Backups, Data Retention and Deletion

YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF YOUR CONTENT. Any backup feature we provide is offered as a convenience only, is not guaranteed, may be limited in frequency, retention or size, and must not be relied upon as your only copy of important data such as world saves, databases or configuration.

  • On suspension (for non-payment or otherwise), your data is normally retained but inaccessible while the Service is suspended.
  • On termination — whether by you, by us, following a refund, or automatically for non-payment — your server and all associated data are permanently deleted immediately and without further notice. WE DO NOT KEEP A COPY, AND DELETED DATA CANNOT BE RECOVERED. There is no grace period and no retention window after termination.
  • We may charge a reasonable fee for exporting or restoring data from a suspended Service. Once a Service has been terminated, no export or restoration is possible at any price.
  • Download anything you need before cancelling, requesting a refund, or letting an invoice lapse.

13. Copyright Complaints

We are a Canadian company and operate servers in multiple countries, so more than one copyright regime can apply to a complaint.

13.1 Canada — notice and notice. Where the Copyright Act (Canada) applies, we operate the statutory notice-and-notice regime in sections 41.25 to 41.27. On receiving a compliant notice of claimed infringement, we will forward it electronically to the customer associated with the identified IP address and confirm to you that we have done so, or explain why we could not. We retain the associated records for the period the Act requires. Under this regime we are not required to, and generally will not, remove content or disclose customer identity in response to a notice alone; a court order is required for disclosure. A notice must contain the sender's details, identify the work and the claimed infringement, and state the relevant location data. It must not contain a settlement demand or payment request, which the Act prohibits.

13.2 United States — DMCA. Where content is hosted on our United States infrastructure, we respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send a written notice to our designated agent at [email protected], or by mail to XIO Systems Co., Attn: DMCA Agent, 422 Richards St, Suite 170, Vancouver, BC V6B 2Z4, Canada, including all of the following:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it, such as an IP address, port and file path;
  • your contact information, including address, telephone number and email address;
  • a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
  • a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

We may remove or disable access to the material identified, notify the affected customer, and forward your notice to them. Customers may submit a counter-notification containing the elements required by 17 U.S.C. § 512(g). We terminate, in appropriate circumstances, the accounts of repeat infringers. Notices that misrepresent infringement may expose the sender to liability under 17 U.S.C. § 512(f).

14. Suspension and Termination

  • By you. You may cancel any Service at any time as described in Section 5.
  • By us for cause. We may suspend or terminate any or all of your Services and account immediately, with or without notice, if you breach these Terms, if your use presents a security, legal or operational risk to us, our network or other customers, if payment is overdue, or if we are required to do so by law or by an upstream provider.
  • By us for convenience. We may terminate a Service for any other reason on reasonable notice, in which case we will refund the prepaid, unused portion of the fees for that Service.
  • Effect. On termination your right to use the affected Services ends immediately, any outstanding fees become due, and Section 12 governs your data. Sections 6, 7, 9, 12, 15, 16, 17, 18, 19, 20, 21 and 23 survive termination.

15. Affiliate Program

If you participate in our affiliate program, the following apply in addition to these Terms:

  • Commissions are earned only on qualifying new orders placed by third parties through your unique referral link and paid for in full. Self-referrals, referrals to accounts you control, and referrals to existing customers do not qualify.
  • Commissions are reversed or clawed back if the referred order is refunded, charged back, cancelled within the refund window, or found to be fraudulent.
  • You may not bid on our brand terms in paid search, use spam, misleading claims, coupon-injection, cookie-stuffing, or unsolicited messaging to generate referrals, and you must clearly disclose your affiliate relationship where required by law, including the deceptive marketing provisions of the Competition Act (Canada) and Competition Bureau influencer marketing guidance, and the United States FTC endorsement guides where you promote to a US audience.
  • We may withhold or forfeit unpaid commissions, and close affiliate accounts, for breach of this Section. Payout thresholds, methods and timing are as published in the client area and may change.

16. Intellectual Property

The Services, our website, our software, and the Legion Hosting name and logos are owned by us or our licensors and are protected by intellectual property laws. Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEGION HOSTING AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA WILL BE PRESERVED OR RECOVERABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY LAW.

In particular, if you are a consumer resident in British Columbia, the warranties and conditions implied by the Business Practices and Consumer Protection Act and the Sale of Goods Act (British Columbia) cannot be excluded, and this Section does not exclude them. See Section 23.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEGION HOSTING AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR FOR ANY LOSS, CORRUPTION OR DELETION OF DATA, WORLD SAVES, CONFIGURATION OR OTHER CONTENT, OR FOR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE AFFECTED SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including for fraud, for death or personal injury caused by negligence, or under the Business Practices and Consumer Protection Act (British Columbia). See Section 23.

19. Indemnification

You will defend, indemnify and hold harmless XIO Systems Co. and its officers, members, employees, agents and suppliers from and against any claim, demand, action, damage, loss, liability, cost or expense, including reasonable legal fees, arising out of or relating to: (a) your Content or the Content of your users; (b) your use of the Services; (c) your breach of these Terms or of any applicable law; (d) your violation of any third-party right, including intellectual property and privacy rights; or (e) any dispute between you and a user of a server you operate. We will notify you of any such claim and may participate in the defense with counsel of our own choosing at our expense. You may not settle any claim in a way that imposes any obligation or admission on us without our prior written consent.

20. Dispute Resolution — Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT AND TO PARTICIPATE IN A CLASS PROCEEDING. SECTION 20.4 PRESERVES CONSUMER RIGHTS THAT CANNOT LAWFULLY BE WAIVED.

20.1 Informal resolution first. Before starting an arbitration or any other proceeding, you agree to give us an opportunity to resolve the dispute informally by sending a written notice to [email protected] describing the dispute and the relief sought. If the dispute is not resolved within 60 days of that notice, either party may proceed under this Section. This informal process is a condition precedent to commencing arbitration, and any applicable limitation period is tolled while it runs.

20.2 Agreement to arbitrate. Except as set out in Sections 20.4 and 20.5, you and XIO Systems Co. agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration before a single arbitrator, seated in Vancouver, British Columbia, and governed by the Arbitration Act (British Columbia). The parties will first attempt to agree on the arbitrator. If they have not agreed within 30 days of a written request to do so, either party may apply to have the arbitrator appointed under the appointment provisions of that Act. The arbitrator has exclusive authority to resolve any dispute about the scope, enforceability or formation of this arbitration agreement, except that a court decides disputes about the enforceability of Section 20.3.

20.3 Class action waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LEGION HOSTING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this Section 20.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remainder will proceed in arbitration.

20.4 Consumer rights that cannot be waived. Nothing in this Section 20 limits any right you have that cannot lawfully be waived. If you are a consumer resident in British Columbia, nothing in these Terms waives, releases or limits any right, benefit or protection under the Business Practices and Consumer Protection Act (British Columbia), and you may bring any claim under that Act, including a claim under section 172, in court notwithstanding Sections 20.2 and 20.3. The same applies to any equivalent non-waivable consumer protection legislation of another Canadian province or of the country in which you reside. Sections 20.2 and 20.3 apply to you only to the extent that legislation permits.

20.5 Other exceptions. Either party may bring an individual action in a small claims court or civil resolution tribunal of competent jurisdiction, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized access to or abuse of the Services.

20.6 Coordinated filings. If 25 or more similar arbitration demands are filed against us by or with the assistance of the same counsel or coordinated entity, the parties will cooperate to have them heard in staged batches before a common arbitrator, with the limitation period tolled for claims awaiting their batch.

20.7 30-day right to opt out. You may opt out of this Section 20 by sending written notice within 30 days of the date you first accept these Terms to [email protected], or by mail to XIO Systems Co., Attn: Arbitration Opt-Out, 422 Richards St, Suite 170, Vancouver, BC V6B 2Z4, Canada. The notice must include your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms and will not affect your Services.

20.8 Costs and venue. Where you are a consumer, we will pay the arbitrator's fees and the administrative costs of the arbitration, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose. Each party otherwise bears its own legal costs, subject to any award the arbitrator makes. The arbitration may be conducted on documents alone or by video conference where the arbitrator considers it appropriate. Any in-person hearing will take place in Vancouver, British Columbia, unless you and we agree otherwise.

21. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that province, without regard to any conflict of law rules that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any dispute not subject to arbitration under Section 20, you and we attorn to the exclusive jurisdiction of the courts of British Columbia sitting in Vancouver. Nothing in this Section deprives you of the protection of any mandatory consumer protection law of the jurisdiction in which you reside.

22. Changes to These Terms

We may modify these Terms at any time by posting the revised version on this page and updating the effective date at the top. For material changes we will make reasonable efforts to notify you in advance by email or via the client area. Changes apply prospectively and take effect on the stated effective date. Your continued use of the Services after that date constitutes acceptance. If you do not accept a change, your remedy is to cancel your Services as described in Section 5 before the change takes effect. Changes to Section 20 will not apply to any dispute of which we had actual notice before the change.

23. General

  • Consumer rights are not waived. Nothing in these Terms operates to waive, release or limit any right, benefit, protection or remedy you have under consumer protection legislation that cannot lawfully be waived, including the Business Practices and Consumer Protection Act (British Columbia) and equivalent legislation of any other province or of the country in which you reside. Where any provision of these Terms conflicts with such legislation, that legislation prevails and the conflicting provision applies only to the extent the legislation permits. This applies to every Section of these Terms, including Sections 6, 17, 18, 19 and 20.
  • Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions remain in full force and effect.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labour disputes, government action, epidemics, power or telecommunications failures, network attacks, and failures of upstream providers or data centres.
  • Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets. These Terms bind permitted successors and assigns.
  • Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement you sign with us, are the entire agreement between you and us regarding the Services and supersede all prior discussions and agreements.
  • Notices. We may give notice by email to the address on your account, by posting in the client area, or on this website. You must send legal notices to [email protected] and, where a Section requires it, by mail to XIO Systems Co., 422 Richards St, Suite 170, Vancouver, BC V6B 2Z4, Canada. Keep your contact details current.
  • Export and sanctions. You represent that you are not located in, ordinarily resident in, or acting on behalf of anyone in a country or region subject to comprehensive sanctions, and that you are not a person designated under the Canadian Special Economic Measures Act, the Justice for Victims of Corrupt Foreign Officials Act, or any equivalent restricted-party list maintained by Canada, the United States, the United Kingdom or the European Union. You will comply with all applicable export control and sanctions laws.
  • Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.
  • Headings. Section headings are for convenience only and do not affect interpretation.

24. Contact

XIO Systems Co. (d/b/a Legion Hosting)
422 Richards St, Suite 170, Vancouver, BC V6B 2Z4, Canada
General support: [email protected]
Legal notices: [email protected]
DMCA agent: [email protected]

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