NETDEDI Terms and Conditions of Service
June 19, 2016
BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE ACCEPTANCE BUTTON, YOU RE PRESENT AND WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE, OR ARE AUTHORIZED TO SIGN FOR AND BIND, THE CONTRACTING PARTY DEFINED BELOW AS “CUSTOMER;” AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS ONLINE AGREEMENT. OTHERWISE, DO NOT CLICK THE ACCEPTANCE BUTTON TO PROCEED AND YOUR ORDER WILL BE DISCONTINUED.
This Online Agreement (this “Agreement”) is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the “Effective Date”)’ by and between the Renet(“Netdedi.com”) and “Customer,” the individual or entity entering into this Agreement. Renet reserves the right to amend this Agreement from time to time without notice to Customer. The most current version of this Agreement can be reviewed by clicking on the “TOS” hypertext link located at the bottom of www.netdedi.com web page.
Renet agrees to provide and customer agrees to purchase the services requested by customer from the website, in email or in writing. Customer may add services via any of the 3 methods and agrees to pay in advance for them whether they be 1 time charges or recurring monthly fees.
Acceptable Payment Methods
Netdedi accepts major credit cards, debit cards, and Paypal payments. Subscribers who choose to pay with PayPal will be strictly limited to a single Netdedi Account per PayPal account. Virtual credit cards and gift cards typically will not be accepted. Other forms of payment may be arranged by contacting at email@example.com. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.
We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment
Billing and Terms
The term of this Agreement shall be monthly, to commence on the date that the Subscriber signs up electronically for the Services by creating an Account with an email address. All invoices are denominated, and Subscriber must pay, in U.S. Dollars. Subscribers are typically billed monthly on or about the first day of each month, with payment due no later than five (5) days past the invoice date. On rare occasions, a Subscriber may be billed an amount up to the Subscriber's current balance in an effort to verify the authenticity of the Subscriber's account information. This process ensures that Subscribers without a payment history are not subjected to additional scrutiny. Subscribers are entirely responsible for the payment of all taxes. For specific pricing policies, Monthly fees and renewal fees will be billed at the rate agreed to at purchase. You may cancel the Services at any time by logging into your Control Panel. At cancellation, your service will be inactivated and you will no longer be able to have the service you ordered. Except in the case of subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Services and any start-up costs associated with setting up your Account (“Start-up Costs”) shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Services and any Start-up Costs, obtain a refund on a pro rata basis for the period remaining after you cancel.
Some of the paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://www.netdedi.com/
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT https://www.netdedi.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
RENET will invoice Customer for Fees and Expenses monthly; provided, however, that RENET may invoice Customer for Fees and Expenses associated with Service(s) provided pursuant to a customer request immediately upon RENET’s provision of such Service(s). Customer acknowledges that RENET will invoice certain Service(s) (including without limitation telecommunications services) in advance of the provision of such Service(s). Payment shall be due immediately upon the invoice date for recurring monthly services whether or not customer has received an invoice yet or not. Invoices which remain unpaid five (5) days after receipt of same by Customer shall accrue interest at a rate of one and a half percent (1.5%) per month (or at the maximum interest rate otherwise allowed by law) until paid in full and service may be terminated for non payment after 5 days nat RENET option. Expenses shall be included on an invoice only to the extent that the actual amount of Expenses is known to RENET at the time the invoice is issued, and Expenses for which an actual amount is not known to RENET at the time an invoice is issued may be included on subsequent invoices. Unless otherwise agreed in writing by the Parties, the failure of RENET to include earned or incurred Fees or Expenses on a given invoice shall not relieve Customer of its obligation to pay such Fees or Expenses. Customer’s obligation to pay Fees or Expenses shall survive the termination of this Agreement for any reason whatsoever.
We do not offer refunds. If there are extenuating circumstances, please open up a ticket with our support team.
The bandwidth allocation that comes with the server is completely usable and Customer may burst to the full transfer size. However, Customer agrees that average monthly usage may exceed this allocated rate (500GB, 1 TB, 2 TB, 3 TB and so on), or Customer’s account will be subject to review and Bandwidth Overages may apply. Bandwidth will be monitored by SNMP on VPS. The customer must keep SNMP service running. Otherwise, VPS will be shutdown or limited anytime. Dedicated file download, streaming or sharing websites in nature are prohibited at the standard unmetered pricing and are subject to special pricing on unmetered lines.
Customer agrees that advertised bandwidth allowances represent the sum of the incoming and outgoing allowances. Customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the allowance shall be billed at $3 per GB. Overusage is billed by metered billing page. Each VM has its snmp and traffic usage is measured by. In case, customer delete the snmp or disabled somehow, we can stop the server anytime when the traffic is used over the limit.
Remote Hands Service.
For its “Unmanaged” server solutions, RENET will provide hardware reboots and troubleshoot network related issues for no charge. For all other services including firewall, operating system reboots, and advanced troubleshooting services outside of hardware or network related issues, RENET will invoice Customer $40 USD per 15 minutes of administration service.
Customer grants RENET a blanket security interest in the customer’s contract with their customers who are renting servers from them in the RENET data center and any equipment which they have collocated in the RENET data center in the event of non-payment by customer; customer agrees that RENET may take these customer contracts direct and or sell the equipment without a tortious interference claim or unlawful conversion claim to protect the credit balance owed RENET by customer and full ownership
of the contracts shall transfer as well if balance is more than 60 days old. Any amounts collected from any sale of equipment above and beyond the balance owed will be returned to the customer within 10 business days.
The initial term of this Agreement shall begin upon the date the computer related service and any associated service or license is installed and made available to customer and shall be for 1 month, 3 months, 6 months, 12 months or other period as agreed upon in the ordering process by both parties. If the customer pays in advance for an extended term of service, then the term for which the service was pa id initially shall govern as the initial term and no refund shall be given for early termination . After the initial term this Agreement shall renew automatically for the same period as the initial term until terminated by either Party upon the sooner of (i) thirty (30) days prior written notice to the other Party, or (ii) the expiration or termination of all Service(s) set forth in the Statement of Work and all Work Order(s).
Termination Due to Breach.
In the event that Customer commits a material breach of any of its obligations hereunder, RENET may terminate this Agreement or (at RENET’s sole option) suspend, interrupt or terminate one or more Service(s) to which such breach pertains by sending written notice of termination to Customer with termination effective as of the fifth (5th) calendar day after the date such notice is given.
If you have DDos attack on any service, your service will be quantined in 2 weeks automatically. There is no refund. If you cause the DDos attack more than one, your account will be closed immediately.
Effects of Termination.
Unless the Parties agree otherwise in writing, termination of the Agreement shall also serve to terminate all Service(s) and Statements of Work and to cancel all Work Orders, and Customer shall pay RENET all Fees and Expenses earned or incurred by RENET pursuant to such Service(s), Statements of Work and Work Orders through the date of term ination, less any payments made hereunder by Customer prior to said termination . Additionally, all property of each Party which is in possession of the other Party shall be returned to its owner. In the event one or more Service(s) is terminated prior to the expiration of the Term for such Service(s) (other than due to a material breach of this Agreement by RENET.
Warranties of RENET. 99.999% uptime.
RENET warrants that the Service(s) shall be provided in a workmanlike and professional manner. Upon RENET’s breach of the foregoing warranty, Customer’s sole and exclusive remedy shall be to require RENET to exercise commercially reasonable efforts to repair or replace the nonconforming Service(s); provided, however, that, with respect to any Service(s) which are interrupted or rendered inoperable due solely to RENET’s breach of the foregoing warranty for any time period, Customer shall also be entitled to a pro-rata refund of any Fees attributable to the interrupted or inoperable Service(s) in an amount determined by multiplying the fixed monthly, recurring Fees (if any) for the interrupted or inoperable Service(s) by the ratio that the number of consecutive hours of inoperability bears to 720 hours (for the purpose of this computation, each month is deemed to have 720 hours). RENET will not be liable to any extent whatsoever for interruption, restriction, inoperability or malfunction of any Service(s) which is not caused solely by a breach of the warranty set forth in this Section 4.1. RENET expressly reserves the right to suspend, interfere with, impair or terminate Service(s) as necessary for purposes of maintenance, upgrades or repair (either by RENET or by any supplier, partner or
independent contractor of RENET) or in the event of any circumstance which RENET, in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of any Service(s) or any plant, services or facilities of any Indemnitees (as defined in Section 4.3) or of any third party, and neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement.
EXCEPT AS SET FORTH IN SECTION 4.1.1, RENET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF INTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED.
Customer expressly acknowledges and agrees that proper provision of the Service(s) is dependent upon the provision to RENET by Customer of timely and accurate information regarding (i) Customer’s needs and expectations regarding the Service(s), and (ii) all operational, technological or other data which Customer knows or should know is relevant to the provision of the Service(s) (collectively “Information”). Customer shall provide the Information to RENET in a timely manner and the Information shall be accurate. Customer agrees that, in the event of Customer’s breach of its obligations in this Section 4.1, the warranty set forth in Section 4.1 shall be null and void.
Warranties of Customer.
Customer hereby covenants, represents and warrants that: Customer will not, and will not permit others to, use any Service(s) (i) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity, (ii) in violation of any applicable law or regulation, (iii) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (iv) in connection with any conduct or activity that is, in the sole opinion of RENET, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortious or violative of the rights of any other person or entity; Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s);No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will (i) interfere with or impair any Service(s) or any plant, services or facilities of any Indemnitees or of any third party, (ii) unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnitees or of any third party, or (iii) create, cause or contribute to the creation or causing of a hazard to any Indemnitees or to any third party.
In addition to the Warranties of Customer, Customer specifically agrees not to violate the Digital Millenn ium Copyright Act (DMCA) of the United States as an implementation of the two World Intellectual Property Organization (WI PO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Once RENET informs Customer of any DMCA violation via email, phone or in writing, Customer must remove infringing content within 24 hours of notice. If infringing content is not
removed within 24 hours, RENET will suspend all access to the offending website. DMCA Repeat Infringer Policy. For anyone Customer website, Customer can receive no more than three (3) unique DMCA violation
notices within any calendar year or service for that website will be terminated.
RENET reserves the right to suspend, interrupt or terminate any Service(s) or th is Agreement immediately without further notice in the event of a breach by Customer of Section 4.2. RENET reserves the right to remove, delete, disable or block transmission of any data or materials which RENET reasonably believes constitute, either alone or in conjunction with other acts, omissions or data or materials, a breach or potential breach by Customer of Section 4.2. Customer agrees to defend, indemnify and hold harmless RENET, its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors, suppliers and customers (excluding Customer) (collectively “lndemnitees”) against any and allclaims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnitees (including without limitation claims, liability, loss, damage, or harm in connection with death, bodily injury or injury to real or personal property) arising from or in connection with (i) Customer’s purchase or use of any Service(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnitees arising from or in connection with the use by any third party of any Service(s) purchased by Customer regardless of whether such use was authorized by Customer, or (ii) Customer’s breach of any provision of this Agreement.
Limitation of Liability.
Any other provision of this Agreement to the contrary notwithstanding, the aggregate liability of all Indemnitees for any losses or damage, whether direct or indirect, arising out of or in connection with the Service(s), including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed the greater of (i) One Thousand Dollars, or (ii) the Fees paid by Customer to RENET during the two (2) months preceding the month in which liability arose for the Service(s) in connection with which such liability arose. RENET shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against Customer by any third party, even if RENET was advised of the possibility of same. Under no circumstances shall RENET be liable hereunder for special damages, consequential damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages. No action arising out of this Agreement, regardless of form, may be brought by Customer against RENET more than one (1) year after the cause of action arose. Without limiting the foregoing:
Customer acknowledges that RENET is not responsible for controlling or monitoring any content, information, data or other materials stored on, transmitted via, or accessible through use of, the Service(s}, and RENET will have no liability to Customer whatsoever in connection with such content, information, data or other materials (including without limitation the accuracy or suitability thereof or unauthorized access or damage to, alteration, theft, corruption destruction or loss of, Customer’s data or other materials); RENET will have no liability to Customer whatsoever in connection with any harm or loss arising from or in connection with unauthorized access to the Service(s); and all indemnitees are expressly made third party beneficiaries of this Section 5.
This Section 5 shall survive expiration or termination of this Agreement for any reason whatsoever.
RENET and Customer acknowledge that proprietary and confidential information (including without limitation trade secrets) (collectively “Proprietary Information”) of each Party may be disclosed to the other Party throughout the term of this Agreement. Each Party agrees to not reverse engineer, decompile, disclose to any third party, or to use for any purpose not strictly required for such Party’s performance hereunder, such Proprietary Information except to the extent that such Proprietary Information was: (i) made publicly available by the owner of the Proprietary Information or lawfully disclosed by a non-party to this Agreement; (ii) lawfully obtained from any source other than the owner of the Proprietary Information; (iii) independently developed by personnel of the receiving Party to whom Proprietary Information had not been previously disclosed and not based on or derived from such Proprietary Information; or (iv) previously known to the receiving Party without an obligation to keep it confidential. Customer will not contract directly with any subcontractor relationships that RENET has under this agreement or are connected to future services related to this agreement or that are of the same nature. Anything to the contrary herein notwithstanding, RENET may disclose such information to its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors and suppliers which have signed and are bound by a suitable non-disclosure agreement with RENET in order for RENET to perform the service in this contract. The obligations set forth in this Section 6 shall survive the termination of this Agreement for any reason whatsoever for a period of three (3) years; provided, however, that, with respect to Proprietary Information which constitutes a trade secret, the obligations set forth in this Section 6 shall survive the termination of this Agreement for any reason whatsoever for so long as such Proprietary Information constitutes a trade secret under applicable law.
If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or control s, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party’s performance shall be extended for a period of time equal to the duration of such delay.
Construction, Venue, Jurisdiction.
This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of Georgia. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the State of Georgia. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction. Waiver. No waiver of any right or remedy shall be valid unless in writing and delivered to the other Party, and waiver of a right or remedy on one occasion by a Party shall not be deemed a waiver of such right or remedy on any other occasion.
This Agreement, including all referenced or attached exhibits, schedules, attachments or documents, sets forth the entire agreement and understanding between the Parties pertaining to their subject matter and supersedes all prior or contemporaneous discussions, agreements, promises or understandings between the Parties. Neither Party shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided in this Agreement.
This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Addition to or variance from the terms and conditions of the Agreement by Customer, including without limitation any additional or varying terms contained in Customer’s preprinted forms, correspondence or other documents transmitted to RENET, shall be of no effect, unless otherwise expressly provided in the Agreement.
Assignment. This Agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without RENET’s prior written consent. Any attempted assignment without RENET’s written consent shall be null and void.
Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be delivered in writing, addressed and sent to the address provided herein and to the attention of the Party executing the Agreement or the person’s successor, by either (i) registered mail, (ii) certified mail, return receipt requested, or (iii) overnight mail, or (iv) by telephone facsimile transfer (v) email that is replied to as accepted – appropriately directed to the attention of the Party executing the Agreement or that person’s successor. Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be deemed effective when received and acknowledged by signature of receipt. Severability. If any provision of the Agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same Agreement.
Provider is permitted to include Customer’s name on a public list of existing customers. Customers on the public list may be disclosed as a customer of Provider in public announcements and public disclosures and documents.
The customer agrees that the exclusive venue for litigation shall be Fulton County, Georgia. All lawsuits shall occur here and customer agrees that any judgments may be domesticated to their local court of appropriate jurisdiction to enforce the judgment.
Payment of customer of the first months fees shall constitute acceptance of this agreement. This agreement shall be modified from time to time by RENET and the then current version shall be posted on the RENET website. If customer does not agree to the new terms, customer should cease utilizing the services at the next term. If you are terminated due to a violation of our terms of service you agree that you will not receive any partial refunds and that this shall be considered a reasonable estimate of the liquidated damage and not a penalty.
Name of Agent Designated to Receive Notification of Claimed Infringement:
36, Beobwon-ro 4-gil, Seocho-gu Seoul, South Korea,137-885
Telephone Number of Designated Agent: +82-70-7860-0093
Facsimile Number of Designated Agent: +82-2-537-4599
Email address of Designated Agent: firstname.lastname@example.org
* We recommend that all notices be sent via registered mail, signature required, to the agent of record to ensure receipt.