NixLabs / Terms of Service

NixLabs is not responsible for any damages your business may suffer.
NixLabs makes no warranties of any kind, expressed or implied.
NixLabs is not responsible for any loss of data or damages due to service interruptions.

Example of unacceptable content or links:

• CPU / Resource Intensive Programs
• Denial of Service Attacks
• Spamming / Email Marketing
• Hacking / Cracking

Transmission or storage of any data or material that is in violation or regulation of any law is prohibited.
This includes but not limited to: copywritten material, trademarks, or any other illegal content including, but not limited to:
Warez, hacking programs, image/file dumps, mirrors, Sale of controlled substances, IP Scanning, brute force programs and spam scripts.

All account plans come with a predetermined amount of traffic allowance.
Services may be suspended upon going over the services allocated bandwidth.
Additional bandwidth may be purchased at any time.
If your service does not describe a bandwidth transfer limit you are determined to be on a Fair-Use Port.
You will stay below 100mbps per month (a limit of 33tb).

Any attempt to undermine or cause harm to a server or customer of NixLabs is strictly prohibited.
As our customer you are responsible for all your accounts.
Should you violate the Terms of Services outlined within, your account will be cancelled without a chance of refund.

We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of NixLabs must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Accounts will not be activated until the first month's payment is received and the account is verified.
Users will receive invoices via email at least one week prior to the service due date.
Invoices must be paid on or by the date of the invoice.
Failure to pay the invoice on time will result in account suspension.
Accounts that are past due are subject to termination.
If an account is terminated all data will be terminated and will not be recoverable.
NixLabs is not responsible for any data loss due to non-payment.

Late Fee Policy: Payments are considered past due 1 day after the due date.
Accounts that become past due are subject to a 15% late fee that will be applied to the service invoice.
The late fee must be paid prior to the service being reactivated.

Cancellation Fee: For any reason on a cancellation without proper notice or contact you will be given a surcharge for 25% as a cancellation fee.

Server Abuse Fee: NixLabs has a zero tolerance for abuse. As such any abuse complaint received will be charged a fee of $40 USD/IP/Incident.

By the Account Activation Date of each month, NixLabs shall either:

• debit the client's credit card (when such information has been provided by the client); or
• deliver, by email or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.
  When an invoice is delivered to the client, payment shall be remitted to NixLabs by no later than the specified payment due date.

NixLabs shall be entitled to immediately terminate this agreement for client's failure to make timely payments.
You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis.
It is the client's responsibility to ensure that they have sufficient credit to cover this transaction.
In the event that there is insufficient credit, we will send an email notification, at which point we will need to be provided with another credit card account number within 24 hours.
If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Termination of colocation services requires the User to provide written notice to NixLabs at least thirty (30) days before the intended termination date.
Failure to do so may result in additional charges.

Upon termination, the User must pay a de-racking fee of $100. The User is responsible for arranging and covering expenses related to shipping their equipment, including providing shipping boxes, packaging materials, and labels.
If the User fails to provide shipping resources and pay the de-racking fee within ten (10) days following the last day of the billing cycle, ownership of the colocated equipment is forfeited to NixLabs.

NixLabs is not liable for any loss or damage to the User's equipment during de-racking or shipping.
The User agrees to indemnify NixLabs from any claims or expenses related to the termination of colocation services.

We do not generally refund cancelled contracts.
For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

NixLabs shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from NixLabs servers going off-line or being unavailable for any reason whatsoever.
Furthermore, NixLabs shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from one of NixLabs's servers.
All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Use Policies should be referred to abuse@nixlabs.dev.
All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

NixLabs cannot be held liable for system down time, crashes or data loss.
We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning.
Certain services provided by NixLabs are resold.
Thus, certain equipment, routing, software and programming used by NixLabs are not directly owned or written by NixLabs.
Moreover, NixLabs holds no responsibility for the use of our clients' accounts.
Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question.
We reserve the right to remove any account, without advance notice for any reason without restitution, as NixLabs sees fit.

By activating your account with NixLabs, you agree to the above policies and disclaimer.
Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.
We will, however, advise you by email or phone prior to taking any action to provide you with an opportunity to correct the problem.

NixLabs guarantees 99.99% service (http, ping, ftp, pop, imap, smtp) uptime on all hosting plans.
Should we fail to deliver this for any given calendar month, your account will be refunded a prorated amount for the duration of excessive downtime.