Terms & Conditions

Terms & Conditions

The following terms and conditions stated in this Terms of Service (or “Agreement”) is an agreement between NodeWing and you the (“Member” or "The Registrant" or “You”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by NodeWing and of the https://nodewing.com website (collectively, the “Services”). By using our Services, you agree to be bound, and to here by follow this Agreement in it’s entirety. By not agreeing to the terms of this Agreement, all access to NodeWing Services are therefor unauthorized.

NodeWing reserves the right to modify this policy at any time, without notice, effective immediately upon posting of the modification to this URL: https://nodewing.com/terms_and_conditions.php

Payment Information

You agree to supply payment for all charges related to any Services received from NodeWing, in advance of the time period during which such Services are provided. You agree that until and unless you notify NodeWing of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Payment is due based on the anniversary month, quarter or year following the established or creation date of Services or until a cancellation notice is submitted.

Under this Agreement it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. NodeWing provides a 10 day grace period from the invoice due date to pay. Invoice overdue for more then 10 days will result in a 10% late fee and suspension of Services until account balance has satisfied.

Cancellation of Services and Refunds

Without prejudice NodeWing reserves the right to cancel any account at with or without notice. Any abuse of our staff in any medium or format will result in the termination of all Services.

Cancellations of Services can be done any time by logging into the Client Area and opening a Support Ticket and requesting a cancellation of services in writing. Once your cancellation is received and necessary information confirmed via e-mail, your account will been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

No refunds will be made for Services suspended in accordance to the Terms of Service and Acceptable Use Policy.

During the first 30 days of Service, you are entitled to a full refund of payments paid with the exclusion of domain name registration(s), dedicated server(s), data transfer fees, and any excessive technical support requests should you decide to cancel said Services for a “just cause” reason. Additionally NodeWing shall be the sole arbitrator as to the validity of a refund claim of just cause. Any and all aforementioned fees will be deducted from amount due to you.

Refunds of any payment will only be issued in the same matter as when sent/received.

Client Responsibilities

Client promises that all mail is sent in full accordance with all applicable legislations (including data protection legislation). Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. To generate passwords please login into cPanel and use the generator.

Client is responsible for monitoring Disk Space and Bandwidth usage of Service. This is done from your ClientArea or Control Panel. If you go over the amount indicated in your current plan; you will be suspended.

Shared Web Site Hosting

Share Hosting Web Sites may be used only for lawful content and purposes. You promise not to use or facilitate any acts on the Server in any manner which will infringe any laws, regulations, or infringes the rights of a third party.

You promise not send bulk email, whether opt-in or otherwise, from our network unless approved to do so. Nor will you promote a site hosted on our network using bulk email without opt-in only.

You will not deploy any programs or scripts which consume an excessive amount of system resources including, but not limited to, CPU cycles and RAM/Memory. NodeWing system administration team determines that when account is utilizing an unacceptable amount of system resources, and may temporarily deactivate the account in question. If deemed absolutely necessary, an termination notice may be sent to You, providing seven (7) days to either upgrade to a VPS or other hosting solution as recommended by our staff. All accounts will be reviewed and analyzed individually before any final determinations are made.

When am accounts allotted disk space and/or bandwidth usage is exceeded, a suspension will automatically be applied by the system itself. Additional resources or a plan upgrade is required to remove said suspension.

NodeWing reserves the right to remove any material deemed inappropriate without notice. This includes, but not limited to Warez, Underage Adults, Pornographic Videos/Images, or any Copyrighted content such as MP3s, Movies, and Programs.

All mail sent must be in accordance with all applicable legislation (including data protection legislation), laws, and be transmitted in a secure manner. The sending of unsolicited mail (often referred to as SPAM), including, without limitation, commercial advertising and informational announcements, is strictly prohibited.

While NodeWing will use every tool possible to ensure the integrity and security of the Server, NodeWing does not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email. It is the client responsibility to secure your website, lockdown all content, and practice password security.

Clients are not permitted to run an Open Relay on our server or use another site's mail server to relay mail without the express permission of the site.

Domain Name(s) and SSL Certificates

NodeWing makes no guarantee that the domain name you wish to register is capable of being registered. Therefore we urge you not to assume registration of the domain name(s) until you have been notified through email that registration was successful.

The registration and use of your domain name is subject to the terms and conditions of use applied by the domains Registrar; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registrar to register your desired name.

NodeWing shall have no liability in any aspect of said domain name; any dispute between you and any other person must be resolved between the parties concerned in an dispute. Any such dispute(s) that do arise, NodeWing shall be, at our discretion and without giving any reason, entitled to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

NodeWing has no guarantee over SSL Certificates, wether said SSL Certificate was purchased through us or an outside retailer. We do not guarantee the privacy of any data, nor do we guarantee the security enhancements a SSL certificate could produce.

Termination and Violation Consequences

If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

Upon NodeWing becoming aware of an violation of its Terms of Service or Acceptable Use Policy, NodeWing will immediately start an investigation. During this time NodeWing may suspend said Service access in order to prevent further occurrence of the violation. Depending on the severity of the violation, NodeWing may, at its discretion, suspend or terminate clients account and/or other necessary measures.

If such violation is a criminal offense, NodeWing will notify the appropriate law enforcement department of said violation.

You shall be held liable for any and all costs incurred by NodeWing as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. NodeWing’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. Server maintenance fees of $85 per hour.

Services with invoices not paid after 10 days of being due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

NodeWing also reserves the right to suspend Services and/or terminate this Agreement at any point in time. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. In the event of this situation, you will a be entitled to a pro rata refund amount based upon the remaining period of service.

Client Conduct

Abuse towards any NodeWing employee will not be tolerated in any form, with no exceptions. You are held to the strict standard of responding to all communication in a professional and courteous manner. This includes, but not limited to, cursing, yelling, typing in all caps, or other intentional behavior aimed at insulting or hurting NodeWing and or it's employees.

The act of publicly posting deliberate fiction, defamatory, scandalous, private information without consent, intentionally inflicting distress, or violating trademarks, copyrights, or any other intellectual property rights is considered grounds for termination.

Any conduct viewed as violating Section 12 shall be considered a violation of this Agreement. In these matters NodeWing will be the sole arbitrator in regards to what is deemed a violation and what is not.

Indemnification and Arbitration

Client agrees that it shall indemnify, defend, and save NodeWing and hold us harmless from any and all demands against any breach by the Client of these terms. Any claim that may arise against NodeWing by a third party resulting from the provision of Services provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assignees. This includes, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

By using any NodeWing services, you agree to binding arbitration. If any disputes or claims arise against NodeWing or its subsidiaries, such disputes will be handled by an arbitrator of NodeWing choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Disclaimer

In no event shall NodeWing be liable for any damages or loss of business you may suffer; including but not limited to employees, contracts, profits, losses, anticipated earnings and savings, or for any other indirect or direct consequential economic loss.

NodeWing makes no warranties of any kind, expressed or implied for services we provide. NodeWing disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by NodeWing and its employees.

In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

Headings and subsections are included in this Terms of Service strictly for convenience only and shall not affect the construction or legal interpretation of this Agreement.

Disclosure to Law Enforcement

NodeWing may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

We will cooperate fully with law enforcement agencies.