These Terms of Services are "Contract" and "Agreement" between Netmoly LLC ("Netmoly", "We", "Us", or "Our") and you ("Customer", "Client", "User", "You", or "Your"). This Agreement represents the general terms and stipulations of using services and products provided and offered by Netmoly. By using our services and products you agree to comply with this Agreement. Any violation of Netmoly's Terms of Service and/or other Agreements incorporated by reference, at Netmoly's discretion, result in immediate and permanent termination.
Permitted User Accounts.
Age: Users signing up for an account must be eighteen (18) years or older. Registrations for Users less than eighteen (18) years old is prohibited and is violation to this Terms of Service Agreement.
Information Accuracy: It is your responsibility to provide accurate, real, complete, and updated information on our website to avoid termination. Netmoly is not responsible for any services interruptions and consequences that may happen due to inaccuracy, incomplete, or outdated User information, including but not limited to domain names. It is your sole responsibility to always keep your information updated.
Identity Verification: Netmoly reserves the right to ask you to provide a clear scanned copy of your Government-issued photo identification card, a utility bill with address on it, and perhaps a clear scanned copy of the credit card used for ordering service(s). We may also send a verification SMS text message to your phone number and/or a verification message to your e-mail address on account to confirm your ownership. Failure to provide us with the required information may result in order disapproval and/or service cancellation.
User Activity: You hereby agree and acknowledge that you are responsible for any activities and actions happen under and through your account, website and/or service(s).
Security: It is your responsibility to keep your private information in a safe place and maintain the security of your account including passwords and other information related to the security.
Acceptable Use Policy.
User shall comply with our Acceptable Use Policy ("AUP"), located at: https://www.netmoly.com/about/legal/acceptable-use-policy.php, as updated or modified by Netmoly and other Agreements under this Terms of Service page (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that he/she or they have reviewed the AUP and that the terms of the AUP are incorporated herein by reference. If there is any conflict between this Agreement and the AUP, the terms of the AUP shall govern. Netmoly does not periodically monitor the content that is submitted to, stored on, published or distributed by User via the Service ("User Content").User will be solely responsible for his/her or their content, activities and action stake place under or through their Website/Service. notwithstanding anything to the contrary stated in this Agreement, we may take a corrective action, including full or partial remove of the User Content, suspension or disablement of any and all Services. In the event we take a corrective action due to violation of the AUP Agreement, Netmoly shall not be liable to User for any refund, compensation or any additional costs of such an action. User hereby agrees that Netmoly shall have no liability to User or any of his/her or their Users due to any corrective action that Netmoly may take (including, but not limited to, suspension, termination or disablement of Services).
Using of Services.
It is your responsibility to provide assets necessary to use our services, including, but not limited to, (Computer, Hardware, Software, Telephone, and other equipment necessary to use our services). Netmoly do not warrant, represent or assure that the user's provided equipment will be compatible with Netmoly services. Netmoly shall not be responsible of any delays due to failure by you to provide any required assets to access our services.
Netmoly shall not be liable for any taxes or other fees associated with payments made by User for the offered services. You are solely responsible for all taxes and fees applied to services.
Netmoly guarantees 99.9% uptime on Shared Web Hosting and WordPress Hosting only. In the event of service downtime, you may receive a compensation of one (1) month of credit in your account. Compensation amount shall not exceed 100% of the client monthly fee. Compensation provided to User if service experienced downtime in or became unusable due to inaccessibility of (Webmail, Databases, FTP, SSH, HTTP), as a result of failure by our systems. Approval of any compensation is at Netmoly's sole discretion. This uptime guarantee does not apply on scheduled maintenance and/or incorrect coding configurations took place on User's end.
Money-Back Guarantee. Dedicated Servers fees are not refundable under any circumstances.
We offer forty-five (45) days money-back guarantee for Shared Web Hosting, WordPress Hosting, and Virtual Private Servers (VPS) only. This Money-Back Guarantee applicable to new services only within forty-five (45) days from their initial purchase date. In the event that you are not completely satisfied with Service, you will receive a full refund of the amount paid for the service. Refund does not include domain name registration, transfer or renewal fees, setup fees, or any fees paid for other services or add-ons at their regular prices. Example: If you ordered a hosting plan that includes a discounted or free domain name, your refund will be issued excluding the regular/non-discounted fee of that domain name.
Payment Methods: We accept three different payment methods. User can make a payment via Credit Card Direct Payment, PayPal, or Bitcoin.
Taxes: Listed Services fees does not include taxes imposed by governmental authorities. Any taxes imposed by governmental authority will be added to the fees unless you provide us with a valid tax exemption certificate and/or VAT number. User hereby agree that he/she or they are responsible for all taxes and fees added to their services. All fees paid are non-refundable under any circumstances unless otherwise stated.
Currencies: Our base currency is the U.S. Dollar, any other accepted foreign currency is subjected to an exchange rate plus cross-border fees, which will reflect on purchases, services fees, invoices and any other billable services. Exchange rates and cross -border fees may change from time to time. Netmoly is not responsible for such changes. If you choose to pay for services in a currency other than the U.S. Dollar, you agrees to pay for the updated exchange rate and the cross border fees.
Fraud: Any abuse, illegal or fraudulent use of credit cards, electronic payments, electronic transfers or any other available payment method is considered as a violation of this Terms of Service Agreement. At Netmoly's sole discretion, Netmoly may report such fraudulent use to governmental and law enforcement authorities, credit card companies, financial institutions and/or electronic payment processors.
Billing Information and General Stipulations: User is responsible for maintaining an updated billing information on account, and that all invoices and owed fees are paid on time. Payments are received in the order of first paid applied on the oldest unpaid invoice.
Auto-Renewals: You hereby agree that you will be billed automatically on or prior to the due date of your services invoices, using your credit card or other billing information stored on account. In the event of you have no stored billing information on account, you will be solely responsible to pay for services on or before the due date of their invoices to avoid service interruption.
Invoicing Stipulations, Late Payments, and Late Fees: Domain Names, Dedicated Servers, SSL Certificates and Software Licenses fees must be paid on or before the due date.
Dedicated Servers: Invoices must be paid on or prior to the invoice due date. If you fail to pay the invoice by the due date, at Netmoly's discretion, may result in (i) immediate suspension or termination of your Server and deletion of content. (ii) A Late Fee will be added to the invoice due in order to re-activate the service. A late fee is calculated at a 30% of the amount due or the maximum amount allowed by law. Minimum late fee for Dedicated Servers is $22.00 USD.
Virtual Private Servers (VPS): If you fail to pay the invoice of your VPS within three (3) days of the due date, at Netmoly's discretion, may result in may result in (i) immediate suspension or termination of your VPS and deletion of content. (ii) A Late Fee will be added to the invoice due in order to re-activate the service. A late fee is calculated at a 30% of the amount due or the maximum amount allowed by law. Minimum late fee for Virtual Private Servers (VPS) is $12.00 USD.
Shared Web Hosting and WordPress Hosting: If you fail to pay the invoice of your Web Hosting Service within ten (10) days of the due date, at Netmoly's discretion, may result in (i) immediate suspension or termination of your Service and deletion of content. (ii) A Late Fee will be added to the invoice due in order to re-activate the service. A late fee is calculated at a 30% of the amount due or the maximum amount allowed by law. Minimum late fee for Shared Web Hosting and WordPress Hosting services is $5.00 USD.
Domain Names: Renewal fees must be paid thirty (30) days prior to the renewal date. Netmoly shall not be responsible for any domains expired due to failure by User to pay renewal fees on time.
SSL Certificates: Renewal fees must be paid thirty (30) days prior to the renewal date. Netmoly shall not be responsible for any SSL Certificates expired due to failure by User to pay renewal fees on time.
If you fail to pay the invoices of your services within the period specified herein, at Netmoly's discretion, we may suspend or terminate your services and pursue the collection costs incurred by Netmoly, including, but not limited to, arbitration and legal fees, and reasonable attorneys' fees.
Netmoly will not re-activate any services until a payment has been received for the owed amount, including services fees and late fees.
Re-activation of Services does not apply to service that reclaimed, expired, or permanently deleted/terminated, including, but not limited to (Domain Names, SSL Certificates, Reclaimed Dedicated Servers, Reclaimed Virtual Private Servers, and Software Licenses). You will have to re-signup for the service.
Dedicated Servers are not automatically re-activated. If you made a late payment, contact our Accounting Department to request re-activation for the Dedicated Server.
Service Cancellations and Refunds.
Payment Method: Refunds cannot be issued to users who pay with eCheck.
Money Back Guarantee: Dedicated Servers fees are not refundable under any circumstances. We offer forty-five (45) days money-back guarantee for Shared Web Hosting, WordPress Hosting, and Virtual Private Servers (VPS) only. This Money-Back Guarantee applicable to new services only within forty-five (45) days from their initial purchase date. In the event that you are not satisfied with Service, you will receive a full refund of the amount paid for the service. Refund does not include domain name registration, transfer or renewal fees, setup fees, ssl certificates fees or any fees paid for other services or add-ons. If the User cancelled a service that has a domain name, ssl certificate, static IP, and/or any other add-ons included for free or at discounted rate, the refund will be issued only for the service fee, excluding the original costs we incurred for such free/discounted item(s).
Refunds Eligibility: User must be a first-time account. That means if you had an account with us before, then re-signed up, you will not qualify for any refunds for any service.
Non-Refundable Services: No refunds will be issued under any circumstances to the following services: Dedicated Servers, Domain Names, SSL Certificates, Software Licenses, and Dedicated (Static) IP Addresses Fees.
Refundable Services: Shared Web Hosting, WordPress Hosting, Virtual Private Servers (VPS). Refunds will processed only if User requested a cancellation within forty-five (45) days from purchasing the service. User must follow the cancellation process through his/her or their account, No refunds will be issued if User did not request service cancellation through account first.
Cancellation Process: Cancellation of any Service must be done through your account. Any other method of cancellation will not be accepted and you will be billed for the next due invoices. To cancel your service, log in to your account, navigate to your services, and click "View Details" on the service you wish to cancel, on the management actions tab click "Request Cancellation".
Chargebacks: In the event that User issued a chargeback without first following the described cancellation process, User will be liable for USD $40.00 billing service fee.
Invoice Disputes: User is allowed to dispute a payment within forty-five (45) days from the date of payment.
We resell domain names through Tucows Inc.
By using our domain services User agrees to comply with our third party registrar and ICANN Agreements:
Domain names and their related add-ons or services fees, including, but not limited to, (Domain Privacy, DNS Management, E-mail Forwarding), must be renewed thirty (30) days prior to their renewal date. Netmoly is not responsible expiration of any domain or any of its related services due to failure by User to pay renewal fees on time. User is solely responsible to maintain accurate and correct information on his/her or their domains and to comply with the ICANN WHOIS policy: https://whois.icann.org/en/policies
In accordance to ICANN regulations,
Users must verify their domains in a timely manner upon registration and/or changes in contact (WHOIS) information. You, the User will receive a domain verification request in your email upon registration or changing in your domain contact information, you must manually verify your domain by following the email instructions. Failing to verify your domain may result in suspension of your domain.
Netmoly is not responsible for any suspension, termination or expiration of any domain due to failure by User to comply with ICANN, and/or Tucows Agreements.
Shared Hosting & WordPress Hosting Stipulations.
Since the service is shared among multiple Users/Accounts on servers, Netmoly set specific limits on resources to ensure the best quality for all Users. By using our services, User agrees to abide by these limits and this Terms of Service Agreement. Any violation occur, at Netmoly's discretion, may result in suspension or termination of service and/or account.
Service Eligibility: User is prohibited to resell shared hosting accounts. Any shared account that has been found resold, at Netmoly's sole discretion, may result in immediate suspension or termination of service and deletion of all content.
Disk Space, Storage Usage and Content: Shared hosting disk space or storage may only be used for web files, active emails, and content of User's website. Shared hosting disk space or storage shall not be used as a media storage device or off-site backup storage for storing electronic files and/or storing or distributing media files, including, without limitation (documents, FTP hosts, log files, graphic files, video files, audio files, emails, or other data). Any such prohibited use of shared hosting services will result in termination of User's account and deletion of content under account.
Inodes: Inodes are the number of files hosted on your account, example: (web files, images, emails, etc.) Each shared hosting account has a 100K/200K inodes limit. In the event if your account exceeded one hundred thousand (100,000) inodes, you will automatically forfeit the scheduled backup services. In the event if your account exceeded two hundred thousand (200,000) inodes, we will send you an alert to reduce the number of files in your account. If you failed to do so, at Netmoly's discretion, may result in suspension or termination of you shared hosting account and deletion of all its content, including, without limitation, (Databases, files, emails, and any other data). In this case you will not provided with any backups.
Resource Limits: The following limits shall not be exceeded by shared hosting accounts. Database size may not exceed one (1) GB per single database and/or two (2) GB as a total size of all databases under same account. Outgoing emails cannot exceed two hundred and fifty (250) email per hour, this means that you cannot send more than 250 emails per hour. Database and Email limits are lifted on VPS plans and Dedicated Servers.
Unlimited Disk Space, Storage Limits: Netmoly does not set a disk space or storage limit to shared hosting plans that are offered in "Unlimited Disk Space". However, in the event that User's website(s) negatively affect the performance of server, make any damages and/or affect other Users on the same server, we may ask you to move on a VPS or Dedicated Server plan, otherwise, at Netmoly's discretion, may result in termination of your account and deletion of content.
Unlimited Bandwidth, Traffic, File Transfer Limits: Bandwidth is counted monthly and is reset to zero (0) megabytes on the first day of each month. Netmoly does not set a bandwidth limit nor adding additional bandwidth fees to shared hosting plans that are offered in "Unlimited Monthly Bandwidth". However, in the event that User’s website(s) negatively affect the performance of server, make any damages and/or affect other Users on the same server, we may ask you to move on a VPS or Dedicated Server plan, otherwise, at Netmoly's discretion, may result in termination of your account and deletion of content.
Upgrade and Downgrade:You are free to upgrade or downgrade your hosting account at any time. When you downgrade your account, we will issue a prorata refund for the unused amount of time (if any) on the higher plan. When you upgrade your account, an upgrade invoice will be created for the price difference, your hosting account will be upgraded after completing the payment of the upgrade invoice.
Prohibited Scripts and Software: Chat rooms, proxy servers, torrent trackers, torrent clients are prohibited to run on our shared hosting services.
User agrees that dedicated server fees are NONREFUNDABLE under any circumstances.
Prices of bandwidth, connection, server parts, software licenses, dedicated IPs and other services associated with dedicated servers may change from time to time by our third party provider. User agrees to pay for the updated prices.
Dedicated server invoices must paid before or on the due date, any invoices that are outstanding one (1) day after the due date, at Netmoly's discretion, may result in suspension and/or termination of server, and deletion of all content.
Dedicated servers are leased to you, and not sold. User has no ownership interest on any dedicated server purchased or any of its equipment.
User is solely responsible to maintain backups on his/her or their dedicated server. We DO NOT generate or create backups for dedicated servers.
Unused bandwidth cannot be carried over from month to month.
Netmoly shall not be liable for any compensation to User due to any downtime in dedicated server.
Security of MANAGED dedicated servers is handled by our third party provider.
Security of UNMANAGED dedicated servers is handled by you. It is your responsibility to maintain the security of your unmanaged server, including, without limitation, applying necessary patches, updating system kernel, and any other security practices.
Netmoly do not notify unmanaged servers users to perform security updates.
You can upgrade or downgrade to another dedicated server at any time, however we will NOT issue a prorata refund for the unused amount of time on service.
Netmoly reserves the right to take any action it deems necessary, including, without limitation, suspension and/or termination of User's dedicated servers and deletion of its content to protect network security.
Numproc Limits: The process limits, also called numproc limit, controls the limit of kernel level processes. Numproc limits does not directly interact with the number of processes you spawn, or the number of kernel level threads spawns. The following values represents the numproc limits for each VPS.
Memory (RAM) Limits:
CPU Power Limits:
Virtual Private Servers sharing the hardware node have equal CPU power/time. All VPS accounts has a limit of 700 MHz guaranteed CPU time, burstable to 850 MHz.
User is solely responsible for maintaining security of his/her or their VPS account(s), including, without limitation, software security patches, firewall configuration, updates, and maintenance, securing web files and setting proper permissions.
We do not BACKUP VPS accounts, it is your sole responsibility to create backups of your content on VPS, including, without limitation, software, files, operating system, and any other data.
You can upgrade or downgrade to another dedicated server at any time, however we will NOT issue a prorata refund for the unused amount of time on service.
VPS accounts have forty-five (45) days money back guarantee. That means you can cancel your VPS and get a refund within the first forty-five (45) days from the signing up date. No refunds will be provided under any circumstances after the specified period.
VPS accounts invoices must paid before, on, or maximum within three (3) days of the due date, any invoices that are outstanding three (3) days after the due date, at Netmoly's discretion, may result in suspension and/or termination of VPS, and deletion of all content.
Free Included Add-ons Stipulations.
Our services may come with add-ons included for free, such as domain name, ssl certificate, static IP, and/or other add-ons.
The following terms and regulations specified in this paragraph apply to the free included add-ons.
General: Any included domain names and/or SSL certificates provided/registered for a maximum period of one (1) year and renewed regularly with service renewal. Other add-ons, including, without limitation, static IP addresses, software licenses, provided on monthly basis.
Domain Names: Domains that included for free with services are renewed for free along with the service renewal and for a maximum period of one (1) year. However, User must make a payment to renew his/her or their service seven (7) days prior to the due date to avoid domain expiration. Netmoly is not responsible for any domain expired due to failure by User to make a renewal payment for his/her or their service prior to the due date.
SSL Certificates: SSL certificates that included for free with services are renewed for free along with the service renewal and for a maximum period of one (1) year. However, User must make a payment to renew his/her or their service seven (7) days prior to the due date to avoid SSL Certificate expiration. Netmoly is not responsible for any SSL Certificate expired due to failure by User to make a renewal payment for his/her or their service prior to the due date.
Other Add-ons: Any add-on or item, including, without limitation, static IP addresses, software licenses, are renewed for free along with service renewal. Failure to renew services on time will result in termination of any associated add-ons. Netmoly is not responsible for any and all add-ons suspended or terminated due to failure by User to make a timely renewal payment for his/her or their service.
Refunds: In addition to what specified in the paragraph "Service Cancellations and Refunds", the following terms of this part of paragraph are applied to the services' free included add-ons. If the User requested a cancellation of a service that has a domain name, ssl certificate, static IP, and/or any other add-ons included for free, the refund will be issued only for the service fee, excluding costs we incurred for such free/included item(s). For example, if a User requested a cancellation of a service that initially purchased and offered for USD $150.00, and that service includes a free or discounted domain name, hence we will issue a refund for the service fee only, excluding the regular price of such domain name. User will be able to manage his/her or their domain through account until it expires, unless the User manually renews the domain. These terms and regulations apply to all other add-ons and items included for free with any service.
Backups and Restoration Stipulations.
User is solely responsible for his/her or their use of our services and data stored. We perform complimentary daily backups for shared hosting accounts only. Backup services may change, stop for all or specific accounts at any time at Netmoly's sole discretion. Only one backup copy is stored for one day per shared hosting account and newly generated backups overwrite any previous copies. In the event of backup restoration, all backups will be restored in the same way we generated them by or in, for example if backups generated using cPanel software, then they will be restored using cPanel software. Netmoly makes no warranties or representations for the compatibility of backups.
Any shared hosting account that exceeds five (5) GB and/or one hundred thousand (100,000) inodes; number of files, will forfeit the daily backup services.
Dedicated Servers and Virtual Private Servers (VPS) are NOT backed up by us. It is your sole responsibility to create and generate backups of your data.
Netmoly shall not be liable for any fees or refunds due to any data loss or corruption took place on any type of hosting accounts, including, without limitation, shared hosting services, dedicated servers, and virtual private servers (VPS), whether due to failure by User or by our systems.
Hosting Accounts Transfers.
We offer a free complimentary transfer service for shared hosting accounts within thirty (30) days of signing up. In the event you want to transfer your website to us, contact directly our technical support department for assistance. Netmoly makes does not guarantee the success of the transfer process. Transfers depends on various aspects such as firewalls, incorrect account credentials, connection speed of your old hosting company, corrupted data, and/or incompatibility of files and formats stored on your old hosting account. Transfers requested after thirty (30) days of signing up will subject a transfer fees. Transfer fees depends on the size of the account being transferred to us.
Transfer service is only provided to transfer hosting accounts from another hosting companies to our servers.
Domain Reseller Account Eligibility: User is allowed to sign up for only one (1) domain reseller account with us. Any user has been found to have or more domain reseller accounts will result in immediate termination of all accounts without prior notice. User is prohibited to resell domain reseller account, any such prohibited use of service will result in immediate termination of account without prior notice.
Billing Term: Domain reseller accounts are sold for a one-time setup fee. Setup fee is paid for establishing the reseller account only and does not include any pre-registered domain names or any other related service/add-on, including, without limitation, WHOIS privacy, DNS management, Email forwarding, or any other service. Add-ons and domain related services fees are paid to our third party registrar.
No Refunds: Domain reseller plans setup fees, domain fees and domain related services/add-ons fees are NONREFUNDABLE under any circumstances.
Plans Pricing: Each reseller plan has its own pricing for domains and related services/add-ons. We set our fixed fee on each plan in which User will be billed for our fixed fee plus the registrar default prices for each domain, add-on and any other service. User agrees to pay the following fixed fee applied to his/her or their plan.
Account Management: In addition to User's account on our website, any User purchase a domain reseller account will get a separate account on the website of our third party registrar where you can sell and manage domains, deposit funds to be used in domain purchases and their related services.
Deposits and Credit Card Fees: In order to start selling domain names from your reseller account, you have to make a deposit in your account on the website of the registrar: https://manage.opensrs.com/
There is a 3% credit card processing fees for each deposit you make applied by the registrar. For example, if you made a deposit of USD $10.00, your final balance will be USD $9.70 to be used in domain registrations, services, etc. Netmoly does not apply credit card processing fees on any of our provided services.
Promotions: When our third party registrar announce a promotion, we must make an enrollment in order to receive such promotion. User can receive domain promotions by our third party registrar with reserving our fixed fees on plans, for example, if there is a .CO promotion for USD $12.00 and the User registered on the "Silver" plan that has a fixed fee of USD $0.50, then the .CO promotion will be for USD $12.50. Netmoly makes no warranties or representations for the availability of the promotion, even if it is announced on the website of the registrar.
Parked Pages: Domain or page parking is not available for our sold domains reseller plans.
Promo codes, discounts, or coupon codes may be provided to apply discounts on specific services. Promo codes may not be recurring, renewed, used on multiple identical services, used for all services, and/or used in domain registrations unless otherwise provided. User cannot submit or change a promo code after signing up. Discounts provided to other Users does not necessarily to be provided to you. Any User violate these policies and/or make promotion abuse, at Netmoly’s discretion, may result in suspension or termination of account and all services under account without prior notice. Netmoly reserves the right to cancel any promo code or change discounted rate at any time. Existing Users who benefit from a discount/promo code will be notified thirty (30) days prior to such discount/promo code modification. User is solely responsible for checking notices sent or posted by us regarding discounts and promo codes.
Netmoly reserves the right to modify prices, monthly or yearly charges, or any other fees at any time. Existing Users will be notified thirty (30) days prior to any price modification. User is solely responsible for checking notices sent or posted by us regarding payments and prices.
Netmoly reserves the right to terminate your services, and/or account and delete all data related to your services without prior notice in the event that (i) you failed to pay any invoice or fees due, (ii) you failed to comply with this Terms of Service Agreement and/or any other Agreement incorporated herein by reference,(iii) you use services for illegal purposes including, without limitation, spam, abuse, fraud, terrorism, child pornographic or any other prohibited materials, (iv) your use of service may cause harm to us or to others, or (v) your use of service may subject Netmoly or others to liability. In such event, no refunds will be provided to you regarding any fees paid prior to such termination, and you shall be liable for fees applied prior to the termination.
Each User automatically receives a unique referral link upon signing up. You may earn commissions by referring visitors to purchase services from us through your affiliate referral link. When visitors click your link they will be redirected to our website and a cookie will be stored on their computer for 90 days. If a visitor then made a purchase for a web hosting plan within 90 days of clicking your link and that cookie still present on their computer, you will earn a commission. By using and participating in our Affiliate Program you hereby acknowledges and agrees to this Terms of Service Agreement and the following Affiliate Terms of Service Agreement located at the following link: https://www.netmoly.com/about/legal/affiliate-tos.php
All materials placed on our website are private property of Netmoly and/or Netmoly's licensors, including web designs, graphic designs, images, video files, audio files, text, software, and all other types of files and software. User is prohibited to partially or entirely copy, download, sell, distribute, frame, republish, modify, scrape, exploit, or post our materials in any way or by any means. User shall not directly or indirectly, reverse engineer, decompile, retrieve, or fetch source code or trade secrets from Netmoly private materials. Any violation of these policies will result in automatic service termination and User will NOT be eligible for any refunds. Notwithstanding the aforementioned, Netmoly reserve the right to use any commonly known technology, information, skills, techniques, and/or knowledge.
Except the aforementioned ("Property Rights"), Netmoly does not attribute an ownership interest in the User's content. User is solely responsible for his/her or their content that published, posted, distributed, and/or displayed through our services, including, without limitation, text, information, images, video files, audio files, and any other files and software. By using our services, you warrant to us that you have/own all copyrights and licenses related to your content ("User Content"). In the event that a copyright infringement and/or an unauthorized substance found in the User's Content, will result in immediate service suspension or termination without prior notice. User hereby agrees to give us a permission, right and license to perform backups on all his/her or their content.
Netmoly as Reseller.
We resell certain services and licenses from third party providers to Users. Netmoly makes no representations or warranties for the quality or availability of the services provided to Users through third party providers. Netmoly shall not be responsible for any modification, cessation, downtime, defects, error, or failure of services that caused by a third party provider. User agrees to abide by this Agreement and all Agreements of our third party providers. User is prohibited to directly or indirectly, reverse engineer, decompile, retrieve, or fetch source code from our third party providers. User shall not resell any of our services including services provided through third parties and/or services provided directly from us.
External Websites and Links.
Our website and services may include links to other websites of our third party providers. Netmoly does not control the websites of third parties nor monitor them. Netmoly is not responsible for the websites of our third party providers.
Netmoly reserves the right to take any action it deems necessary, including, without limitation, suspension and/or termination of User's account and/or services for any lawful purpose or in the event that a violation of this Agreement has been found.
We strictly prohibits the following content, materials, activities, scripts and software, without limitation, from running on or through our services, servers, and network:
Spam, Mail Bombers.
Viruses, Trojan horses, Worms, Bots, Flooders.
Denial of Service Attacks (DDoS).
Defamation; Defamatory content, speech.
HYIP (High-Yield Interest Programs) or similar; Example: Gambling sites.
Intellectual Property Infringement.
Involving in, or attempt to hack Netmoly systems, software, servers, and/or network.
Violation of U.S. export control laws.
In the event that any account found known to engage or attempted to perform such prohibited use of service will result in immediate suspension or termination of service. In such event, Netmoly shall NOT refund any fees paid for services prior to such suspension/termination. Netmoly reserves the right to apply a minimum charge fee of USD $200 as a fine and/or suspend or terminate services to any User/Account that found engaging in spam activity, caused our IP addresses to get blacklisted, or violates any of these terms and regulations.
Security and Compromising.
In addition to the aforementioned, "Prohibited Materials", User shall NOT engage in, try to, or attempt to do the following actions and/or activities, without limitation, hack our systems, servers, clients' accounts, databases, and/or network, scan our systems for security vulnerabilities or security level. Any such prohibited use or action will result in immediate suspension or termination of services without prior notice. User also may be subjected to a criminal and civil liability for engaging in such prohibited and illegal action/activity/use. You hereby agree that you are solely responsible for maintaining the security of your passwords, login credentials, and any other private information.
THE SERVICES PROVIDED UNDER THIS TERMS OF SERVICE AGREEMENT, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE". NETMOLY, ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND ANYONE ASSOCIATED IN DISTRIBUTING OR SELLING SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES FOR SERVICES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NETMOLY, ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND ANYONE ASSOCIATED IN DISTRIBUTING OR SELLING SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES THAT (I) SERVICES PROVIDED WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE. (II) FAILURE OR DEFECTS WILL BE CORRECTED. (III) INFORMATION PROVIDED THROUGH SERVICES IS COMPLETELY ACCURATE. NETMOLY, ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND ANYONE ASSOCIATED IN DISTRIBUTING OR SELLING SERVICES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTY PROVIDERS, ALL CONTENT AND DATA TRANSFERRED OR TRANSMITTED FROM US TO YOU OR FROM YOU TO US AND/OR DATA STORED BY YOU. THESE POLICIES OF THIS PARAGRAPH SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
USING OF SERVICES IS YOUR SOLE RESPONSIBILITY AND AT YOUR OWN RISK. IN NO EVENT SHALL NETMOLY, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR ANYONE ASSOCIATED IN DISTRIBUTING OR SELLING OUR SERVICES BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES THAT CAUSED DUE TO ANY REASON. IN NO EVENT NETMOLY SHALL BE LIABLE FOR DISABILITY, INTERRUPTION, DOWNTIME, DEFECT, ERROR, FAILURE, DATA OR INFORMATION LOSS, PROFIT LOSS, CESSATION OR TERMINATION OF SERVICE OR ANY OTHER FORM OF LOSS CAUSED FOR SERVICE OR FOR BUSINESS DUE TO ANY REASON, WHETHER WITHIN OR OUTSIDE OUR SCOPE OR CONTROL, EVEN IF NETMOLY WARNED FOR SUCH FAILURE OR LOSS. IN NO EVENT NETMOLY SHALL BE LIABLE FOR ANY INFRINGEMENT, INCLUDING, WITHOUT LIMITATION, TRADEMARK INFRINGEMENTS, COPYRIGHT INFRINGEMENTS, OR ANY OTHER INFRINGEMENT, VIOLATION OR LEGAL ISSUE. IN ADDITION TO THE AFOREMENTIONED, IN NO EVENT NETMOLY SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY COMPENSATION OR FEES, OTHERWISE PROVIDED. NOTWITHSTANDING THE AFOREMENTIONED, LIABILITY OF NETMOLY TO USER OR ANY OTHER PERSON OR ENTITY IS LIMITED TO MAXIMUM ONE DOLLAR (USD $1.00) OR THE AMOUNT PAID FOR SERVICES IN ONLY ONE (1) MONTH PRIOR TO ANY ACTION CAUSING RISE TO LIABILITY. THIS IS A TOTAL LIMIT AND ANY RISE OF MULTIPLE CLAIMS WILL NOT INCREASE THE LIMIT. USER HEREBY ACKNOWLEDGES AND AGREES THAT THIS SECTION OR PARAGRAPH OF THE AGREEMENT SHALL APPLY TO ALL CONTENT OF OUR WEBSITE AND ALL SERVICES PROVIDED BY NETMOLY.
USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS NETMOLY, ITS OFFICERS, EMPLOYEES, AGENTS AND PARTNERS FROM AND AGAINST ANY AND ALL CLAIMS, OBLIGATIONS, DAMAGES, LIABILITIES, LOSSES, COSTS, EXPENSES AND DEBT, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES ARISING FROM ANY BREACH BY YOU OF ANY OF THESE TERMS OF SERVICE AND/OR VIOLATION BY YOU OF APPLICABLE LAW OR ANY AGREEMENT OF A THIRD PARTY TO WHICH YOU ARE SUBJECT. THESE POLICIES OF THIS PARAGRAPH SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
User hereby agrees to comply with the U.S. government export and re-export laws and regulations. The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury prohibits U.S. companies from trading with, or performing certain or all commercial activities with certain countries, individuals, or entities. In addition, the Specially Designated Nationals List (SDN) published by the (OFAC). In the event that you are located in a country that is sanctioned by the OFAC or listed as an SDN, in such event you are prohibited from using, subscribing to, purchasing our services or signing up with us without obtaining prior permission and authorization from government authorities. These policies of this paragraph shall survive any termination of this Agreement.
We may disclose your information without prior notice in the event that or in response to (i) request from law enforcement authorities and agencies; (ii) if required by law; (iii) administrative or judicial proceedings; (iv) if required by partners or third party providers to process services to our Users; or (v) investigate any suspected fraud, threats, improper transact, or any form of violations of any policy, rule, or regulation of this Terms of Service Agreement, Agreements incorporated herein by reference, and/or Agreements of third party providers.
If any part of these Terms of Service shall be held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such part or provision shall be ineffective but the rest of these Terms shall not be affected and will continue to be valid and effective in full force.
Force Majeure Event.
If Netmoly or you fail to perform any of the required obligations due to an event or circumstances that are outside of our or your control, including, without limitation, accidents, fire, hurricane, flood, war, acts of God, terrorism, electricity shortages, communications failure, transportation failure, or failure by a third party provider to deliver services (Except to pay your payments on time), in such event, neither Netmoly nor you will be liable for such failure, delay, discontinuity, disability, nonperformance, downtime, or any other form of failure caused for the service. ALL PAYMENTS ARE OUTSIDE THE SCOPE OF FORCE MAJEURE EVENT, AND USER MUST MAKE PAYMENTS WHEN DUE.
Any failure by us to partially or fully exercise any right or remedy, or the waiver of any breach of these Terms of Services by you, shall not prevent any other exercise of any right or remedy. Any waiver of a failure or breach of these Terms of Services by us or by you shall not constitute a waiver of any other failure or breach in any other terms or policies in this Agreement.
This Terms of Service Agreement and all Agreements incorporated by reference shall be governed by the laws of the State of Michigan without reference to its choice of laws or conflict of law principles. User hereby agrees that all and any disputes between you and Netmoly shall be subject to the federal and state courts located in Midland County, Grandville, Michigan. The U.N. Convention on the International Sale of Goods shall not apply. User hereby acknowledges and agrees that he/she or they shall not bring or file a lawsuit against Netmoly outside the State of Michigan. Netmoly and you, the User, agree to waive trial by jury in all and any disputes.
The headings of sections and paragraphs in this Terms of Service Agreement are for convenience only and shall not affect the meaning or interpretation of these Terms of Services.
This Terms of Service Agreement and all Agreements incorporated herein by reference represent the final and full expression of our terms and policies; in addition, supersedes all prior agreements, oral and written discussions between parties regarding its subject matter.
Agreement Changes and Revisions.
We intend to provide the best web hosting solutions among the industry. However, due to the ways in which the service and internet is abused, and changing in laws, we reserve the right to modify, add, or delete all or any parts of this Terms of Service Agreement at any time. When we make a change to this Terms of Service Agreement, we will post the latest revision date at the top of this page, and we may also send a notice to our Active Users by email to inform about any changes. We advise our Users to periodically review this Agreement. By using and continuing using our services, you, the User, agrees to any changes and revisions made to this Agreement. Any changes to this Agreement will become effective on the time and date they posted.