Nuyek, LLC ('We', 'Us', 'Nuyek') provides hosting and other related
services
('Service', 'Services') in agreement with the customer ('Customer', 'You').
2. Conditions
By subscribing to any of the Services and opening an account with Nuyek,
the
Customer agrees to be bound by all of our legal agreements: these Terms and Conditions and
our
Privacy Policy.
3. Services
Nuyek will use reasonable efforts to supply a continuous Service to the
Customer. Within these reasonable efforts, Nuyek is not to be held responsible for Service
outage, down time, hardware failure, data loss, missed or non-deliveries, service
interruptions,
or errors and omissions by the Customer. Nuyek is not responsible for any losses suffered
resulting from acts of god or force majeure including civil unrest, riots, floods, drought,
fire, war and imposing legislation.
You agree that Nuyek is not liable for any damages which You may suffer as
a result of loss of business, contracts, profits, savings or otherwise. Nuyek is unable to
exercise control over content sent or received via the Internet and is not to be held liable
for
the publication by the Customer of inaccurate, misleading, offensive, threatening or
obscene,
hateful, or material that is in breach of United States or Customer country law.
The Customer is liable for all charges applied by their telephone, cell
phone,
or land line provider arising from the Customer's use of Services.
Maintenance by Nuyek or any of its contractors or sub-contractors may be
carried out with little or no advanced warning to the Customer. Nuyek will make best efforts
to notify all affected Customers of the maintenance and excludes responsibility in the event
that prior notice is not reasonable or possible.
Customer agrees not to sell, re-sell, lease, sub-lease, reassign, or transfer any part of the Services unless explicitly granted permission by Nuyek.
In certain circumstances of dispersion of IP Addresses for agreed use to
the
Customer, Nuyek may release contact details including Full Name, Address, Telephone number,
E-Mail Addresses, and IP Addresses to ARIN to fulfill obligations under ARIN policies. This
data
may be published publically in whole or in part in the ARIN Whois database.
4. Prohibited Use
You must use the Services provided for lawful, authorized purposes only. Transmission,
storage,
or presentation of any information, data or material in violation of any United States law
is
prohibited. The list of prohibited content or use includes, but is not limited to:
Illegal Material - This includes illegally exploited copyrighted works, commercial
audio, video, or music files, and any material in violation of any regulation or
material that is perceived to be misleading.
Warez - This includes, but is not limited to, pirated software, ROMS, emulators,
phreaking, hacking, password cracking, IP spoofing and encrypting of any of the
above.
Also includes any sites which provide "links to" or "how to" information about such
material.
HYIP - We do not allow any HYIP sites, or sites that link to or have content related
to
HYIP sites.
Proxy - We do not allow any proxy set-ups or connections or any sort of activity
through
remote proxy connections on our services. The first offense committed by the
Customer will result in suspension of their Account. Any second violation will
result in
immediate Account termination.
IRC Hosts - Hosting an IRC server that is part of or connected to another IRC
network or
server or has a connection to an IRC network. Servers or virtual hosting accounts,
found
to be connecting to or part of these networks will be immediately removed from our
network without notice. The server will not be reconnected to the network until such
time that you agree to completely remove any and all traces of the IRC server, and
agree
to let us have access to your server to confirm that the content has been completely
removed. Any second violation will result in immediate account termination.
Defamatory content - any website content that makes a false claim, expressively
stated
or implied to be factual, that may give an individual, business, product, group,
government or nation a negative image.
Bit Torrents - Use of software and scripts for "bit torrents" or similar is not
allowed
on our servers. This includes sending or receiving files using these mechanisms.
Illicit Pornography - Any content that contains illegal images of pornography
including
images or video of children under legal age or illegally obtained pornographic
materials.
Harassment - Any targeted harassment at our staff, customers, or any of our
providers
and/or sponsors.
Tor - We only allow Tor Relays on our network. Tor Bridge(s) and Tor Exit Node(s) are not allowed.
Nuyek is under no obligation to edit, review, or modify the contents of
your Services. We reserve the right to remove any content without notice.
Any Customer found to be using their Service for any of the items in the
Clause IV, Section 1 list may have their Service terminated without notice.
The Customer agrees to fully and effectively indemnify Nuyek against all
losses, costs, actions, proceedings, claims, damages, expenses (including legal expenses) or
liabilities, howsoever suffered or incurred directly by Nuyek in consequence of the
Customer's breach or non-observance of this Clause IV.
The customer shall defend and pay all costs, damages, awards, fees
(including
legal expenses) and judgments awarded against Nuyek arising from breach or breaches of this
Clause IV.
Nuyek may, in its absolute discretion, defend such claims and may
compromise such claims with the consent of the Customer, such consent not to be unreasonably
withheld. The Customer shall provide Nuyek with the assistance necessary to defend such
claims, at the Customer's sole expense.
5. Abuse
You are responsible for the misuse of your Service. The list of abusive actions is as
follows:
Harm - Any action or attempt at exploiting, hacking, cheating, or attempting to gain
unauthorized access under your Service.
Denial of Service Attacks - Any denial of service attack directed at Nuyek or any of
its customers Services.
Excessive Resource Usage - Any Service that utilizes an unreasonably excessive
amount of
CPU, Memory, Bandwidth, Network I/O, Disk Space, or any other resource under Services that utilize
shared
resources. You can more about this in Clause XI labeled Fair Use.
E-Mail Spam - Unsolicited e-mails, spamming, or non-compliance of the CAN SPAM Act
of
the United States. Any and all e-mail related abuse reports will be taken very
seriously.
Third Party Applications - Usage of third party applications that interfere or are
determined by Nuyek to be detrimental to shared Service resources and performance.
Abusive Conduct - Any verbal, written message, or email message discourse between
the
Customer and Nuyek staff that is deemed as abusive, hateful, threatening, violent,
or
otherwise deemed as abusive.
Any Customer found to be abusing their Service, at Nuyek sole discretion,
for any of the items in the Clause V, Section 1 list may have their Service terminated
without
notice.
The Customer agrees to fully and effectively indemnify Nuyek against all
losses, costs, actions, proceedings, claims, damages, expenses (including legal expenses) or
liabilities, howsoever suffered or incurred directly by Nuyek in consequence of the
Customer's breach or non-observance of this Clause V.
The customer shall defend and pay all costs, damages, awards, fees
(including
legal expenses) and judgments awarded against Nuyek arising from breach or breaches of this
Clause V.
Nuyek may, in its absolute discretion, defend such claims and may
compromise such claims with the consent of the Customer, such consent not to be unreasonably
withheld. The Customer shall provide Nuyek with the assistance necessary to defend such
claims, at the Customer's sole expense.
6. Billing
Accepted methods of payment are: PayPal (requires an account,
https://www.PayPal.com), and limited debit/credit cards, powered by Stripe
(https://www.Stripe.com)
Billing cycles: Monthly, Quarterly, Semi-Annually, and Annually.
You have the right to update your billing information at any time with
approval of Nuyek. Please contact us in order to facilitate these requests.
Fraud Prevention:
We take fraud very seriously and employ a strict procedure to prevent fraudulent
payments.
Customer must be 18 and older to order any Service.
We may require phone call verification for orders greater than $100.00 and reserve
the
right to cancel, amend, refund, or delay advertised promises in the event that we
cannot
quickly verify on the phone. It is important that the Customer provides an accurate
phone number to expedite this process.
Our verification department cross-checks all available information, within our
Privacy
Policy, to verify the accuracy of Service orders.
We reserve all rights to deny payment, cancel, suspend, terminate, or delay
advertised
promises in the event that we have reasonable conclusion of fraudulent billing for
any
Service.
Modification of billing, including billing cycles, upgrades, promotions,
and
Service modifications must be manually verified and approved by Nuyek staff. Please allow a
short grace period of up to one week for these changes to be processed.
For applicable Customer recurring Services, invoices are automatically
generated and e-mailed to the Customer seven days in advance of the due date.
If payment is not received by the due date, a one day grace period will be
applied before Service suspension. A service suspension results in disabled access to the
Service with no data loss.
Service suspension by late payment will add a fifteen percent late fee to
your
invoice. The minimum fee is five dollars.
If payment is still not received after Service suspension, a three day
grace
period will be applied before Service termination. A service termination results in complete
data loss and forfeiture of all access to continued use of the Service. The Customer will
not be
invoiced again for this Service.
7. Refund Policy
Subject to the conditions below, we can provide a refund within the first
seven day of ordering a new applicable service - all we ask is that you tell us why you wish
to
cancel your service and receive a refund. The only services allowed for this Refund Policy
are
Shared Hosting, Game Servers, Virtual Private Servers, Memory Optimized VPS, Virtual
Dedicated Servers, and Bare Metal.
Each client is only eligible to claim our seven days Refund Policy once.
Refunds for services are available within the first seven days of a
monthly
plan commencing - please contact support to request a refund. Beyond this period, refunds
are
given solely at our discretion.
All refund requests must be submitted via a cancellation request on our
website. The seven days is counted from the time of order to the time the cancellation is
submitted.
The client may be asked why they wish to receive a refund before a refund
is
issued, in which our team may offer assistance to resolve the issue the client is
experiencing.
If there is no reponse from the client within 48 hours of our any of our messages,
eligibility
to claim the seven days refund will be lost.
The client must provide a reason for the refund request, however the
reason
provided will not affect eligibility.
The client will be asked for confirmation on their refund request before a
refund is issued. If the client fails to make a confirmation within 48 hours of our request
to
do so, eligibility to claim the seven days refund will be lost.
Our seven day refund policy only covers the first seven day after a new
plan
commences. Payments made for the renewal of services are not eligible for our seven day
Refund
Policy.
Opening a dispute on any of your payments will void eligibility for our
seven
days Refund Policy.
Our seven days money back guarantee only covers a single transaction per
client account.
If the client retracts the refund request or states that they do not
confirm
the refund, the request will become void. A new refund request can be submitted after this
point, but will be treated as a new request and will only be eligible if seven day from the
client's order has not passed.
Any client found to be creating multiple accounts in order to claim the
seven
days refund multiple times will be denied a refund.
We reserve the right to reject any request if we find malicious intent or
violation of our terms and conditions.
8. Charge Backs and Disputes
We strongly encourage a Customer to contact us first before contacting
their
bank or our payment processor to come to an agreement related to the dispute. Please allow
us up
to one week to respond via e-mail or support ticket message. During this process, we may
attempt
to call in order to resolve the dispute
Nuyek has the right to counter dispute any charge back or dispute with all
available information obtained from the Customer.
Any charge back or dispute that is non reasonable, at the sole discretion
of
Nuyek, is subject to account payment collections. You agree to consent the usage of your
account information including: Full Name, Address, Phone Number, E-Mail, Date of Birth, and
any
IP Addresses associated with the Customer to a third party collections agency with possible
impacting on your credit trustworthiness (including credit score), in the event and sole
discretion of the credit agencies.
Nuyek will charge a $20.00 administration fee when receiving a chargeback.
Nuyek reserves the right to suspend or terminate accounts during the process of a chargeback or following its resolution.
9. Promotions
Occasionally, Nuyek will offer a promotion in the form of a discounted
Service rate, one time discount, free service offerings, added features, or modified billing
structures. These promotions are subject to change at any time.
Nuyek reserves the right to revoke the promotion at any time.
10. Affiliate Program
Nuyek offers an affiliate program for commissions generated through
affiliated signups under the Customer's affiliate website address ('Affiliate Link'). This
Affiliate Link utilizes cookies, stored on the browsing user's computer, to identify an
affiliate Service order.
We are not responsible for any manipulate, disabled, or otherwise modified
browser cookies that results in the loss of affiliate revenue.
Affiliate commissions can be withdrawn on a Net 30 billing basis and
distributed to Customer specified PayPal account. This requires the customer to manual
request
the payment from the affiliate program page with the Nuyek control panel.
Nuyek has the right to forfeit any and all Customer affiliate revenue with
reasonable basis, at any time, without notice.
No affiliate should run campaigns via third party search advertising
campaigns
(including, but not limited to, Google Adwords, Bing Ads, and/or similar)
11. Fair Use
Nuyek, LLC retains the right to provide ample storage, bandwidth, RAM, network port capacity, or other resources for designated services, as long as they adhere to fair usage policies. If your usage surpasses acceptable limits, we'll contact you to discuss the issue. Persistent excessive consumption may lead to service termination.
Regarding network port usage, unless explicitly stated as unmetered or unlimited, it's a shared port. This means continuous heavy usage may disrupt others sharing the same port. Therefore, we advise against continuous blasting of the port 24/7 to ensure a fair and stable network environment for all users.
Your service may be suspended or terminated if your service disrupts
other people on the same server/node or in our network.
12. Modification of the Terms and Conditions
Nuyek
reserved the right to modify or change these terms and conditions at any time. All Customers
are
bound to the latest version of these terms and conditions and consent agreement. Nuyek
will make best effort to notify customers in advance of these changes but cannot be held
responsible in the event that advanced notice is not possible.
13. Indemnity
The Customer agrees that it shall defend, indemnify, save and hold Nuyek
harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable
legal fees asserted against Nuyek, its agents, its customers, officers and employees, that
may arise or result from any acts or omissions of the Customer, its agents, employees or
assigns
in connection with their use of the Services.
14. Law
This Terms and Conditions agreement will be governed by and construed and
interpreted in accordance with the law of the United States and the parties submit to the
exclusive jurisdiction of the United States courts. The Customer and Nuyek both agree that a
court may strike out or override any part of these Terms and Conditions if it considers them
to
be illegal, unenforceable, or unfair and in such cases enforce only the terms and conditions
as
if the offending clause or clauses were not included.
15. Blocked Ports
Nuyek blocks some ports in our network, you can see the following list:
Port 25: Inbound/Outbound TCP/UDP
Port 17: Inbound/Outbound TCP/UDP
Port 19: Inbound/Outbound TCP/UDP
Port 1900: Inbound/Outbound TCP/UDP
Port 53413: Inbound/Outbound UDP
Port 11211: Inbound/Outbound UDP
Nuyek may consider unblocking specific ports for your service, but this is not guaranteed or promised. Please do not assume that any of these ports will be unblocked when ordering our services.
16. More Information
If you have any questions or comments about these terms and conditions,
please
e-mail us at support@nuyek.com or contact us via support
ticket.