Please review our hosting agreement
This Hosting Agreement (this "Agreement") is between you and Warpline LLC, a Wyoming limited liability company doing business as NexusCast ("NexusCast," "we," "us," or "our"), located at 30 N Gould St #5913, Sheridan, WY 82801, USA. By signing the NexusCast service order and set up form (the "Order") incorporating this Agreement by reference, you ("Customer") agree to the terms herein. This Agreement governs Customer's use of NexusCast hosting services.
The following is a list of terms that you agree to when signing up. For detailed information please read the appropriate section.
All cancellations must be made at least 24 hours before the next service renewal period. You may request cancelation of your service within the client portal.
We do not allow illegal content.
We do not tolerate abuse to staff.
Failure to pay your bill on time will result in suspension of your account after 10 days.
All debts will be passed onto our appointed collection agents.
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of NexusCast credit approval requirements, NexusCast agrees to provide the hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that NexusCast generates an e-mail message to Customer announcing the activation of the Customer's account and shall continue for the number of months stated in the Order. Upon expiration of the Initial Term, this Agreement shall automatically renew the same length as the Initial Term unless NexusCast or Customer provides the other with written notice of non-renewal at least 24 hours prior to the expiration of the Initial Term or then-current Renewal Term, as applicable.
a) Fees
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. NexusCast may require payment for the first billing cycle before beginning service. Payments must be made in United States dollars. Customer is responsible for providing NexusCast with changes to billing information. NexusCast may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate.
Bandwidth is counted as the combined total of in and out and is measured from your billing date to billing date. Overage above your quota is charged at $1/10GB and is payable at your billing date.
b) Fee Increases
NexusCast may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least sixty (60) days prior to the beginning of the Renewal Term.
c) Early Termination
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. A minimum of 24 hour cancellation notice prior to the following renewal term must be given in writing. Cancellation will only be accepted upon customer completing the NexusCast Service Cancellation form at the Client Area.
Customer agrees to use the service in compliance with applicable law and NexusCast Acceptable Use Policy in this Agreement. Customer agrees that NexusCast may amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services.
Customer represents and warrants to NexusCast that the information provided is accurate. If Customer is an individual, Customer represents and warrants that he or she is at least 18 years of age.
Customer agrees to indemnify and hold harmless NexusCast, NexusCast affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP.
NexusCast DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW NexusCast DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THE AGREEMENT. THE MAXIMUM AGGREGATE LIABILITY OF NexusCast SHALL NOT EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
a) Suspension of Service — Customer agrees that NexusCast may suspend services without notice if: (i) services are being used in violation of the AUP, (ii) Customer fails to cooperate with investigation of suspected violations, (iii) suspension is necessary to protect the network, (iv) as requested by law enforcement, (v) Customer is overdue on payment, or (vi) the customer is abusive towards staff.
b) Termination — The Agreement may be terminated by Customer if NexusCast fails materially to provide service and does not cure within ten (10) days of written notice. NexusCast may terminate upon ten (10) days notice for overdue payment, or upon one (1) day notice for repeated AUP violations.
c) Money Back Policy — NexusCast has a 5 Days Conditional Money Back Policy. If Customer is not satisfied within 5 days of purchasing service, they may cancel for a full refund less any applicable license/control panel fees. Exceptions apply for TOS/AUP violations, technical knowledge limitations, infrequent use, unreported technical issues, unsupported software, previous refunds, or previously active accounts.
Customer agrees that NexusCast may report conduct believed to violate applicable law to appropriate authorities and provide information in response to formal or informal law enforcement requests.
Customer agrees to maintain a current copy of all content hosted by NexusCast. NexusCast reserves the right to change its network in its commercially reasonable discretion.
Notices to NexusCast shall be given via support tickets in Client Area, and to Customer via electronic mail. Notices are deemed received on the day transmitted.
NexusCast shall not be in default if failure to perform is due to events beyond its control, including power grid failure, Internet failure, natural disaster, war, epidemic, strikes, or terrorist activity.
The Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, exclusive of its choice of law principles, and the laws of the United States of America. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming. Each party irrevocably consents to the personal jurisdiction of such courts.
Each party retains exclusive ownership and rights in its name, trademarks, service marks, trade secrets, inventions, copyrights, materials, data and other intellectual property. Neither party may use the other's intellectual property without prior written consent.
The parties are independent contractors. This Agreement may be amended only by formal written agreement signed by both parties. Customer may not transfer the Agreement without NexusCast's prior written consent. This Agreement constitutes the complete and exclusive agreement between the parties.
