When you open your VpsGet account, you join two communities. First is the community formed by our network and our customers; the second community is the one made up of all networks and users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. VpsGet has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of VpsGet's Acceptable Use Policy. The following factors guide the establishment and enforcement of VpsGet's usage policies:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
VpsGet intends to provide its customers access to everything the Internet has to offer. While VpsGet is firmly committed to the principles of free speech, certain activities are damaging to the resources of both VpsGet and the Internet and cannot be permitted under the guise of free speech. The resources of VpsGet and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. If a VpsGet account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice and you agree to indemnify VpsGet and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content of your website. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. If you have any questions regarding this policy, please contact us
VpsGet customers are prohibited from transmitting on or through any of VpsGet's services, any material that is, in VpsGet's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.
In general, you may NOT use your VpsGet account :
- In a manner which violates any law, regulation, treaty or tariff;
- In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your VpsGet account;
- In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
- To threaten, harass, abuse or intimidate others;
- To damage the name or reputation of VpsGet, its parent, affiliates and subsidiaries;
- To break security on any computer network, or to access an account which does not belong to you; or
- In a manner which interferes with other customers' use and enjoyment of the services provided by VpsGet.
VpsGet's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Netherlands / UK / EU or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. VpsGet's reserves the right to remove such illegal material from its servers or to immediately terminate your services. The customer is responsible for keeping his billing data with VpsGet up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. VpsGet reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information is only a guideline, and is not intended to be all-inclusive.
Certain VpsGet accounts give you the ability to send and receive electronic mail. Misuse of electronic mail may result in termination of service. The following examples are non-exclusive and are provided for your guidance.
- You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it. Note that in case we receive any spam abuse on your account it's determined as a spam and may result immediate account suspension/termination w/o any refund ability. Also we have our facilities that may indicate spam sending from our servers - in this case we also may suspend/terminate your account with notification and providing the proves of spam sending.
- You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers.
- Forging, altering or removing electronic mail headers is prohibited.
- You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").
- You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
- You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.
- VpsGet accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.
- If you use the services of another provider to promote a web site hosted by or through VpsGet, then the provisions of this Acceptable Use Policy shall apply to the methods used to promote such site.
VpsGet provides storage space and access for web sites through its Web Hosting services. In addition, dedicated accounts may provide for the hosting of web sites. VpsGet will not routinely monitor the contents of your web sites. You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site, VpsGet may, at its sole discretion, remove the web site hosted on VpsGet servers and terminate your Web Hosting service. You agree to promptly reimburse VpsGet for any reasonable expenses it incurs (including attorney's fees) in defending itself form third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website. You may not use your web site to publish material which VpsGet determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example). Objectionable content is otherwise legal content with which VpsGet concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.
Examples of prohibited web site content :
- Materials which hold VpsGet including its affiliates, employees or shareholders up to public scorn or ridicule.
- Materials which encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
- Users who violate systems or network security may incur criminal or civil liability. VpsGet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
You are responsible for ensuring that the services obtained from VpsGet are used in an appropriate manner by your customers and users. Therefore, you must take steps to manage the use of the services obtained from VpsGet in such a way that network abuse is minimized. You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from VpsGet. Failure to responsibly manage the use of the services obtained from VpsGet may be cause for termination of services to you.
- You must designate one or more individuals ("Contacts") to be responsible for every host, IP network or subnet connected to the Internet through the use of the services. You must provide Contact names, phone numbers, and postal and e-mail addresses ("Contact Information") to any and all appropriate Domain Name Registrars prior to the initial network connection of your service. You must keep Contact Information updated and accurate at all times. Changes in the Contact Information must be sent to the appropriate Domain Name Registrars in a timely manner.
- Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems. For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to VpsGet via telephone 24 hours a day, 7 days a week.
- Every customer who allows third party access to the services provided by VpsGet, whether such third parties are employees, users or customers, must maintain a postmaster address for the receipt of complaints by e-mail. Messages delivered to the postmaster address must be reviewed and handled in a timely manner.
Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:
- Transmitting obscene materials or child pornography
- Intentionally spreading or threatening to spread computer viruses
- Gaining or attempting to gain unauthorized access to any network, including VpsGet's private network infrastructure
- Accessing or attempting to access information not intended for you
- Transmitting pirated software
- Conducting or participating in illegal gambling
- Attempting to intercept any 3rd party data / Fishing.
- Soliciting for pyramid and other illegal schemes.
VpsGet does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in VpsGet's sole judgment), (ii) sexually explicit images (including on banner ads) of models that appear to be under the age of 18 (in VpsGet's sole judgment); or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images. As required by federal law in the Netherlands / UK / EU , VpsGet will forward all offenders of this policy to the appropriate federal agency.
- Term This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. "Initial" is defined when the user use the service and when the user has pay its fee. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide NDI Solutions LTD with notice of termination five (5) days prior to the end of the Initial Term or the Renewal Term. You must provide NDI Solutions LTD with your notice of termination by clicking on the "Cancel Service" button located on the Site or as otherwise provided by this Agreement. Upon clicking on the "Cancel Service" button, you will be asked to provide NDI Solutions LTD with sufficient customer identification information so that NDI Solutions LTD may properly identify you and your account. Any notice of termination will be effective following five (5) days after NDI Solutions LTD's receipt thereof. Once customer makes purchase they are entitled to the service. NDI Solutions LTD Network will deliver its services at the fullest extent
- Termination Policy NDI Solutions LTD reserves the right to cancel a customers service at any time. Your termination request or notice must be submitted to NDI Solutions LTD in the manner described in Section 1.1. NDI Solutions LTD may terminate this Agreement at any time and for any reason by providing to you e-mail notice five (5) days prior to the date of termination.
- Default and Cure In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.
- Charges You agree to pay for all charges attributable to your use of the Services at the then current NDI Solutions LTD prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on NDI Solutions LTD's net income.
- Payment All accounts are paid first. Once payment is receive account is activated. Each payment is due 30 days from the day paid. Customer will be notified 10 days via email prior to the due date. Failure to payment will cause termination of the account. Reactivation of the account is 10% of the total monthly invoice amount. Money order must arrive on time. No exceptions. All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card, or receive an invoice and submit subsequent payment. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize NDI Solutions LTD to charge your credit or debit card to pay for any charges that may apply to your account. You must notify NDI Solutions LTD of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit NDI Solutions LTD from charging your account. If you choose to be invoiced upon registration for Services, NDI Solutions LTD will invoice you for the Services applicable to the period for which you have registered for the Services. You agree to pay to NDI Solutions LTD the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges then the account will be terminated
- Refund Policy Refund Policy Customer has thirty (30) days to do a "trial version" with our VPS/SharedHosting package. In these thirty (30) days period the customer has the right to cancel or demand a full refund if they are not satisfy with the service. However, after exceeding this thirty (30) day period the customer will not be entitled to any refund and they will be billed until a cancellation is incited. Unfortunately we have no way to refund the costs of software licenses (cPanel, DirectAdmin, ISPManager, etc) due to vendors' policies. The costs of any software license will not be refunded. The customer has the right to request full refund only once. If you'd order two virtual servers you can get a refund for one only (the same applies for shared hosting plans). Please don't order two copies of the same service within the first 30 days. Domain name payments are not refundable according to ICANN policies. Overpayments are not refundable. Bitcoin payments are non refundable. Bitcoin payments do not apply under our money back policy.No refund available for customer in case of AUP/TOS violation. The promo code payments are non refundable. The dedicated server products are non refundable. The Dedicated servers payments are non refundable expect cases when uptime is less than 99.99 [not included HW replacement on fail. The HW replacement is free]. In case of server downtime that caused by DC/NW (and if monthly uptime is less than 99.99)we can provide the partial refund based on downtime. When you purchasing dedicated server we guarantee to provide the server full access within 48h otherwise we able to refund the payment. Cisco ASA routers payment non refundable. Cisco ASA routers payments terms is the same as dedicated servers.
- DalPay Retail is an authorized retailer of services provided by NDI Solutions Ltd. dalpay.is dalpay.is VPSGET +1877-8657746 may appear on your card statement.Your card issuer may charge you an International Service Fee. This fee is controlled and charged by your bank or card issuer, not by DalPay or its banks. Please refer to www.INTLServiceFee.com for details.
- Applicable Use Policy The NDI Solutions LTD Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on NDI Solutions LTD's Web site (or such other location as NDI Solutions LTD may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. NDI Solutions LTD RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
- Material and Product Requirements Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on NDI Solutions LTD's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by NDI Solutions LTD. NDI Solutions LTD will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", NDI Solutions LTD has the option at any time to reject this material. NDI Solutions LTD will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of NDI Solutions LTD. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not NDI Solutions LTD's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and NDI Solutions LTD.
- Bandwidth and Storage Usage You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. The default action in case of traffic exhaust is service suspension. So if you reach the BW limit - your vps will be suspended and you should create support request to activate it.
Content All services provided by NDI Solutions LTD are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Netherlands / UK / EU Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless NDI Solutions LTD from any claims resulting from the subscriber's use of NDI Solutions LTD's services which damages the subscriber or any other party.
Examples of prohibited content/software or links include (but are not limited to):
- IRC & IRC related software
- Pirated software / Torrents
- Spam sending/Bulk email sending (refer to the "Electronic Mail" section of this Agreement for more details)
- Hacking sites, programs or archives
- Warez, Warez Linking, Nulled Scripts Sites
- Distribution of music files or any other material in which the account holder does not own the copyright.
- Any kind of open proxy servers without authorization is not allowed (including any TOR relays/networks, etc).
- Applications intended to use idle CPU clock time
- Applications that utilize extra high I/O / Bitcoint services (in some cases we can set I/O limit for legitimate applications that utilize hight I/O)
- Investigation of Violations NDI Solutions LTD may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. NDI Solutions LTD will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
- Actions NDI Solutions LTD reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, NDI Solutions LTD may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on NDI Solutions LTD's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by NDI Solutions LTD which, in NDI Solutions LTD's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes NDI Solutions LTD to civil or criminal liability or public ridicule. It is NDI Solutions LTD's policy to terminate repeat infringers. NDI Solutions LTD's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If NDI Solutions LTD takes corrective action due to such possible violation, NDI Solutions LTD shall not be obligated to refund to you any fees paid in advance of such corrective action. NDI Solutions LTD reserves the right to refuse service without explanation, refund of unused funds will be done in such case.
- Disclosure Rights To comply with applicable laws and lawful governmental requests, to protect NDI Solutions LTD's systems and customers, or to ensure the integrity and operation of NDI Solutions LTD's business and systems, NDI Solutions LTD may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on NDI Solutions LTD's servers and systems. NDI Solutions LTD also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
- Your License Grant to NDI Solutions LTD You hereby grant to NDI Solutions LTD a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to NDI Solutions LTD a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
- NDI Solutions LTD Materials and Intellectual Property All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by NDI Solutions LTD or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by NDI Solutions LTD to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of NDI Solutions LTD or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by NDI Solutions LTD during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
- Trademarks You hereby grant to NDI Solutions LTD a limited right to use your trademarks, if any, for the limited purpose of permitting NDI Solutions LTD to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
- Customer and/or Third Party Acts NDI Solutions LTD is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, NDI Solutions LTD is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond NDI Solutions LTD's reasonable control.
- No Express or Implied Warranty ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY NDI Solutions LTD UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY FACT OR LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT NDI Solutions LTD EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH NDI Solutions LTD'S COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. NDI Solutions LTD DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED THIS AGREEMENT, NDI Solutions LTD DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT.
- Your Warranties and Representations to NDI Solutions LTD You warrant, represent, and covenant to NDI Solutions LTD that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
- Limitations ON EVENT SHALL NDI Solutions LTD HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO NDI Solutions LTD, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. NDI Solutions LTD SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF NDI Solutions LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY EVENT, THE LIABILITY OF NDI Solutions LTD TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO NDI Solutions LTD BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY NDI Solutions LTD UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE NDI Solutions LTD FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM EXCESS OF THE LIMITATION STATED IN THIS SECTIO6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- Interruption of Service You hereby acknowledge and agree that NDI Solutions LTD will not be liable for any temporary delay, outages or interruptions of the Services. Further, NDI Solutions LTD shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, packet loss, server crashes, communications or third-party supplier failure).
- Maintenance You hereby acknowledge and agree that NDI Solutions LTD reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. NDI Solutions LTD will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
- Monitoring of Content; Account Termination Policy NDI Solutions LTD generally does not pre-screen User Content (whether posted to a website hosted by NDI Solutions LTD or posted to this Site). However, NDI Solutions LTD reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. NDI Solutions LTD may remove any item of User Content (whether posted to a website hosted by NDI Solutions LTD or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by NDI Solutions LTD in its sole and absolute discretion), at any time and without prior notice. NDI Solutions LTD may also terminate a User's access to this Site or the Services found at this Site if NDI Solutions LTD has reason to believe the User is a repeat offender. If NDI Solutions LTD terminates your access to this Site or the Services found at this Site, NDI Solutions LTD may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Limitation of Liability
IN NO EVENT SHALL NDI Solutions LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (envy) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT NDI Solutions LTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL NDI Solutions LTD’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You will defend, indemnify and hold harmless NDI Solutions LTD and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnities") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnities by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by NDI Solutions LTD; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).
- Confidentiality The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.
- Affilliate program We may decline in affiliate withdrawal request or even terminate account in some cases that included but not limited to: create few/several accounts and provide yourself with affiliate link [means not affiliate yourself]; provide existing customers with affiliate links [affiliate account signup date is newer than referred client account signup date ]; provide affiliate links to spammers/frauders/phishers,etc [if there to many referred customers from your link being blocked for any AUP/TOS violation we may not only decline in withdrawal we can block your account in order to stop further prohibited activity ]
- Notices All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.
- Choice of Law and Forum THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE Netherlands / UK / EU WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT THE FEDERAL OR STATE COURTS LOCATED CALIFORNIA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION SUCH COURTS.
- Entire Agreement This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.
- No Fiduciary Relationship; No ThirdParty Beneficiaries NDI Solutions LTD is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.
- Assignments You may not transfer or assign your rights, duties, or obligations under this Agreement without NDI Solutions LTD's prior written consent. NDI Solutions LTD may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.
- No Waiver NDI Solutions LTD's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of NDI Solutions LTD's right to subsequently enforce such provision or any other provisions under this Agreement.
- Severability If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.
- Survival All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.
- Free Managed-related support. The free managed-related vps support is not guaranteed. We can decline you in free managed-related vps support in some cases with specifying the reason.
- Modification NDI Solutions LTD reserves the right to add, delete, or modify any provision of its Terms and Condition, Acceptable Usage Policy at any time without notice
- Force Majeure: NDI Solutions LTD is not responsible for any nature/technical disaster or military/political actions that can cause of a service interruption or/and even data lose.
- NDISOLUTIONS is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the NDISOLUTIONS network.
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