Terms of Service

Last Updated 08/20/2017

These Terms of Service ("ToS", or "Terms") are an agreement between NodeBlade Inc. ("NodeBlade", "nodeblade.com", "we", "us", or "our"), an Alberta corporation, and you ("client", "your", "you", or "customer"), which, under the law of the Province of Alberta, Canada, govern your use of our services. By using NodeBlade's products and services (collectively referred to as "service" or "services") you agree to be bound by these Terms. If at anytime you do not agree to these Terms, you may not use our services and if applicable, you must discontinue the use of our services immediately or we reserve the right to terminate the use of our services by you. 

Use of Services

  1. You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving these services under the laws of the province of Alberta and Canada, or your local jurisdiction. In order to receive and access our services, you must provide up-to-date factual information as required in the registration process. You are responsible for the confidentiality of your account information, the content in your account and the activities that occur under your account. You must immediately notify NodeBlade of any breach of security to your account, including, but not limited to: the unauthorized use or access to your account.
  2. You may only have one registered account with us, unless permission has been granted in the form of a support ticket via our billing system (https://my.nodeblade.com/submitticket.php). The use of unauthorized multiple accounts may lead to termination of services from all affiliated accounts without refund.
  3. NodeBlade reserves the right to suspend or cancel your access to our services at any time, for any reason, without notice, without refund.
  4. NodeBlade no longer provides refunds after 24 hours of service activation. By purchasing our services, you agree to waive your right to a refund.
  5. By using our services, you also agree to adhere to all of our legal documents. Violations of any document will result in suspension or termination of services.

Responsibility

  1. We are not responsible for any loss or damage as a result of your failure to secure your account or provide NodeBlade with up-to-date factual information.

Acceptable Use Policy

  1. Prohibited uses include, but are not limited to:
    1. Illegal content
    2. Pirated content
    3. TOR exit nodes
    4. Denial of Service attacks (DoS)
    5. Port scanning
    6. Coin mining
    7. Phishing
    8. Public proxies
    9. Spam
    10. Malicious content
    11. Abuse of system resources
    12. Violations of security, such as: circumventing authentication of any host, intercepting data not intended for your server, causing security breaches,
  2. Any and all abusive activity is prohibited. NodeBlade is the sole authority in determining if an activity is acceptable.
  3. A violation of the acceptable use policy will lead to immediate suspension. An investigation will begin with the client via support ticket. Once acknowledged, the service will be brought back online and the client will have 24 hours to prevent further violations.
  4. Repeat offenses will result in $20.00 USD fines being issued to the account. The fine must be paid in full before the service is reactivated.
  5. NodeBlade reserves the right to terminate the service at any time without compensation.
  6. Exceeding your allocated bandwidth will result in a additional charge of $5/TB for any bandwidth used above your allocated amount.

Billing

  1. Invoices are generated 7 days before the due date. After 5 days past the due date, the service will be suspended and a 10% or $2.00 USD (whichever is greater) late fee will be added to the invoice. Upon suspension, data will not be deleted, but the service and associated data will be made inaccessible until payment has been received.
  2. After 14 days past the due date, the service will be terminated and all data associated with the service will be destroyed. It will no longer be possible to retrieve data.
  3. NOTWITHSTANDING TO THE ABOVE, NODEBLADE RESERVES THE RIGHT TO TERMINATE SERVICES AFTER 24 HOURS PAST THE DUE DATE.
  4. Account credit cannot be withdrawn, cannot be transferred between clients and will not expire. Account credit will automatically be applied to future invoiced until exhaustion.
  5. NodeBlade only accepts payment in the form of PayPal or credit card through Stripe or 2Checkout. The name on the PayPal account must match your name on our billing system.
  6. Chargebacks/disputes against payments will result in immediate suspension of the service. If the dispute is not removed within 24 hours of suspension, the service will be terminated and you will not be entitled to or receive any compensation whatsoever.

Activation, Cancellation and Modification of Services

  1. Services are normally provisioned within 10 minutes of payment reception, however NodeBlade reserves the right to hold your order for manual review, at any time, for any reason.
  2. If you desire, you may upgrade or downgrade your plan by submitting a support ticket. If the downgrade results in a lower of value of service, the difference in amounts for the remainder of the billing cycle will be deposited into your account ONLY in the form of account credit.
  3. If you desire, you may cancel your service immediately or at the end of the billing cycle. Cancellation immediately will be processed at midnight, eastern time. Cancellation at the end of the billing cycle will be processed at the end of the billing cycle at midnight, eastern time. Once cancelled, all data associated with the service will be destroyed and will not be recoverable. We recommend you backup your data if you desire to keep. If cancellation leads to remaining value of service, the amount for the remainder of the billing cycle will be deposited into your account ONLY in the form of account credit after NodeBlade receives a request via support ticket.

Warranty Disclaimer

  1. Use of services provided by NodeBlade are provided "as is", "as available" and without warranty and thus these services shall be utilized solely at your own risk.

Limitation of Liability

  1. IN NO EVENT SHALL NODEBLADE INC., NOR OUR OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO YOUR SERVICE FOR (I) LOSS OF PROFITS OR REVENUES; (II) LOSS OR CORRUPTION OF DATA; (III) LOSS OF BUSINESS; (IV) LOSS OF ANY KIND, WHATSOEVER; (V) DAMAGE OF ANY KIND, WHATSOEVER; THIS LIMITATION APPLIED EVEN IF WE ARE ADVISED OF, KNEW OF, SHOULD HAVE KNOW OF, OR THE POSSIBILITY THEREOF. YOU WAIVE ANY AND ALL CLAIMS AGAINST NODEBLADE INC. ARISING FROM OUR SERVICES OR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF OUR SERVICES.

Indemnification

  1. Customer agrees to indemnify and hold harmless NodeBlade Inc., our affiliates, and each of our and 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 and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of your services in violation of applicable law or the AUP by you or any person using your credentials, regardless of whether such person has been authorized to use the services.

Modifications to Legal Documents

  1. We reserve the right to modify these Terms or any other legal document at any time, without notice. It is your responsibility to keep up-to-date with all legal documents; however, NodeBlade may post an announcement on our website when a change occurs. If you do not agree with the new Terms you must stop using our services immediately