These Terms of Service (TOS) are an agreement (the “agreement”) between Nobull Networks LLC (“Nobull Networks” or “provider” or “the company”) and you (“client” or “you” or “your” or “customer(s)”). This agreement outlines the terms and conditions of your use of the products or services (“product” or “products” or “service” or “services”) made available to you by the company. By using any of our products or services, you agree to be bound by this agreement.
The primary account holder is the individual that can make account action decisions, such as but not limited to: modifications in plan, termination, or requests for support. Primary account holders can also designate on their account that other defined individuals can take actions as if they were the primary account holder, this is done via a support request via the client portal. By default, and unless otherwise specified, the primary account holder will be designated by the primary payment method used when the account is created.
Nobull Networks does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timelines of goods or services provided by a third-party provider. You are responsible for any and all associated risks with these providers. Nobull Networks does not and will not warrant the accuracy or completeness of any information regarding third-party providers.
Any and all transactions with third-party providers are solely between you and the individual provider, the company is not an agent, representative, trustee, or fiduciary of you or the third-party in any transaction.
Nobull Networks provides services that may only be used for lawful purposes. The laws of the United States of America apply to all customers. You explicitly agree to indemnify and hold harmless Nobull Networks from any and all claims resulting from your use of the company products or services. You represent and warrant to Nobull Networks that you are at least eighteen (18) years of age. Any use of or access to the products or services the company provides is prohibited.
If you are a third-party using the company products or services, you agree that you are authorized to bind the other party to this agreement and to act on the other party’s behalf with respect to any actions you take in connection with the products or services.
As a customer you agree to allow Nobull Networks to at any time, monitor your use of the product or services to ensure your compliance with this agreement. Solely for the purpose of providing products or services to you, you hereby grant the company the right and license to access, store, and use any content provided by you and to remove all or any portion of such content if you violate this agreement.
Examples of prohibited and or unacceptable use include but are not limited to:
Clients are responsible for all actions taken under their account and are responsible for any remediations that may be required. This includes the compromise of credentials such as client name, client email address, and password. Nobull Networks recommends that you change your password at least once every, one hundred eighty (180) days and use a secure password. You must use a secure password for your account and services.
Nobull Networks takes copyright and trademark law seriously and the use of the company services to infringe upon either is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, movies, or any other copyrighted work. Violation of any copyright or trademark will result in immediate action up to and including termination of your account. If you believe that your copyright or trademark is being infringed upon, email [email protected] with the information pertaining to your claim.
Nobull Network reserves the right to take actions necessary to monitor, track, and enforce this agreement. Actions of enforcement will be solely up to the company and may include but not limited to removal of content, disabled access to material, deletion of material, account suspension or termination.
Repeat offenders of this agreement will have their account terminated with the client forfeiting any and all refunds.
Nobull Networks may disclose client information to law enforcement agencies without futher consent or notification to the client upon lawful request from such agencies. Nobull Networks will cooperate fully with law enforcement agencies within the scope of lawful requests.
The United States Department of the Treasury, through the Office of Foreign Assets Control (OFAC), prohibits United States companies from engaging in certain commercial activities with certain sanctioned countries (Sanctioned Country) and certain individuals, organizations, or entities; including without limitation, certain Specially Designated Nationals (SDN) listed by OFAC. If you are located in a Sanctioned Country or if you are listed as an SDN, you are prohibited from use of the company services. Additionally, clients may not use any Nobull Networks services in connection with any Top Level Domain (TLD) country code (ccTLD) for any Sanctioned Country.
Nobull Networks gives and expects respect with clients. If at any time Nobull Network feels that a client is being disrespectful or demeaning towards any staff, Nobull Networks third-party representative, provider, or partner, the client may be asked to find services elsewhere. Should this occur, the client will have seven (7) days to move their services and data. After this period, the company reserves the right to terminate the client account with the client forfeiture of any and all refunds. The company reserves the right at its sole discretion if it should issue any refunds.
Any attempted attack against any Nobull Networks server and or client being hosted by Nobull Networks will result in automatic termination of the offending account. No refunds will be afforded to any client that violates this, including but not limited to advanced payments and will result in a permanent ban of the offending client.
Protecting the IP reputation of the company network and as a proactive measure to prevent abuse via unsolicited e-mail, Nobull Networks reserves the right to apply outbound SMTP filters by default on all accounts. Customers can file a support ticket requesting their service be allowed to bypass these filters with appropriate justification. Nobull Network reserves the right to deny or revoke any SMTP filter request at any time.
Nobull Networks has a zero-tolerance for using its products or services to send unsolicited e-mail, unsolicited e-mailing, and SPAM. The company reserves the right to take any action up to and including termination on any client who sends out SPAM from their account. Nobull Networks reserves the right at its own discretion to charge the client a fee of two hundred fifty dollars ($250) USD per hour for remedial actions the company elects to take.
Nobull Networks provides subscription-based services that automatically renew on a recurring basis to prevent any disruption of client services. You agree to your service automatically renewing until you cancel your service.
When you checkout you agree to allow Nobull Networks payment processor(s) to handle and store your payment information for future use. This information and payment method will be determined at the time of checkout and can include but not limited to Credit Card, PayPal, or ACH draft payments.
All client invoices will attempt to automatically be paid using the payment information stored with Nobull Networks payment processor(s) via methods such as Credit Card, PayPal, or ACH draft. This would include invoices for new orders, renewal of existing services, invoices created from the client area, and or fees of any kind. The client agrees to hold Nobull Networks harmless for any issues or fees that occur from automatic billing such as but not limited to overdraft fees for insufficient funds.
Any listed Nobull Networks services do not include any sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any invoice that is outstanding for more than seven (7) days may be terminated.
Nobull Networks uses an Anniversary Billing model for service renewals and new service orders. The day of the month that the client opens an account becomes the recurring renewal due date each month for services purchased. This process applies to all except services such as Domains and Secure Socket Layer (SSL) certificates.
Nobull Networks does not charge late fees, except for custom quoted services; however, if a standard service is paid for late, the next due date for the service will not be adjusted from the existing billing cycle.
In the event of a chargeback or other payment dispute is filed, the client account will be immediately suspended (on hold) and all active services will be included in this suspension. The clients account risks termination should the dispute not be immediately resolved. Resolution of a chargeback would include but not limited to providing proof of ownership for payment method used, repaying any disputed transaction(s), and paying a three hundred dollar ($300) USD penalty fee per transaction that was disputed.
Failure to resolve a chargeback or payment dispute will result in the termination of service(s) related to the account as well as prevention of any new orders or purchases from being completed.
Payments made for services to Nobull Networks that are not in violation with other portions of this agreement may be eligible for a prorated refund at Nobull Networks sole discretion. In order for a refund to be considered a cancellation must occur within our client portal. Once the service has been canceled the client may make a request for a refund within seventy-two (72) hours of the payment transaction time. Transaction time means the time when the payment transaction or charge occurred. Refunds will not be granted in advance and requests outside of the seventy-two (72) hour time window will be considered not eligible.
Examples of products and services that are not eligible for refunds include but are not limited to:
Any account credits given to clients are tied to the account to which they were originally added and cannot be transferred to other accounts. Account credits will not be refunded back to the client.
All clients wishing to cancel must do so through the client portal area, attempting to cancel through any other form of contact, method, or actions taken with third parties would not be considered a valid cancellation request. Exceptions to this are: Domain name registrations which have different steps.
Valid cancellation requests are processed with immediate effect, resulting in the termination of the service and the irreversible deletion of any data that may have been stored on the service at the time of cancellation, except where required by active disclosure to law enforcement. It is the sole responsibility of the account owner to ensure they have taken and validated any backups prior to requesting cancellation of services.
It is required to submit any cancellation process at least seven (7) days in advance of the service renewal date. Failure to do so may result in the service being automatically renewed as per the details found in the “Payment” section of the agreement. In the event this occurs the renewal may be eligible for a refund, see the details outlined in the “Refunds” section of this agreement.
Exceptions such as domain name registrations, require you to explicitly disable the automatic renewal on your domain name to disable the renewal. Failure to renew your domain name will result in a loss of functionality for your top-level domain as well as any sub domains, emails, and other connectivity related items tied to that domain name.
Nobull Networks reserves the right to change prices at any time for a decrease or an increase in plan pricing. Where applicable the company will attempt to notify you at least thirty (30) days in advance of pricing changes. It is the sole responsibility of the client to review billing information through the customer portal as well as updated plan offerings via the company website.
The client agrees their use of the company services is at their sole risk. Nobull Networks is not responsible for files and or data stored on the company’s servers. You agree to take full responsibility for your files and data transferred and to maintain all appropriate backups of files and data stored on the company’s servers. Nobull Networks does not take backups of any kind of customer data and customers are responsible for managing, backing up, and verifying their own data.
Nobull Networks utilizes a technology called RAID that increases data resiliency by constantly mirroring all data and operations to other disks, one or more additional disks. This technology is not a backup solution and as outlined above customers must build and own their data backup strategy.
Nobull Networks does not currently, nor does it have plans to seek any specialized compliances or regulatory requirements such as but not limited to Sarbanes-Oxley (SOX) or Health Insurance Portability and Accountability (HIPPA) on behalf of our customers. You acknowledge that the services provided by Nobull Networks may not be appropriate for the storage or control of access to sensitive data types. The customer is solely responsible for any required compliance with federal, state, or local laws governing the privacy and security of personal data, including but not limited to medical or other sensitive data.
Nobull Networks specifically disclaims any representation or warranty that the services, as offered, comply with these extended requirements or compliances and you agree that Nobull Networks is not a business associate, subcontractor, or agent of yours in any specialty requirements or compliance related areas.
Services provided to the client come with a set amount of monthly bandwidth, both data transferred and speed at which data can be transferred, based on the offered services tier or resources. The amount of bandwidth data transfer each server has will be reset monthly on the service recurring billing date, the bandwidth throughput stays as described on each server unless the client upgrades their bandwidth throughput speed. It is the sole responsibility of the client to monitor the resource usage of their server(s) and they can do so via the client portal.
Data transferred is often measured in Gigabit (Gb) and measures the total amount of data transmitted from the clients server(s) to other consumers. Data throughput or the rate-limit of a server(s) is the speed at which data can be transmitted and is often measured in Megabits (Mbps). Exceeding a server(s) configured throughput can result in intermittent outages, such as site being non-responsive, or the server appearing completely offline. Nobull Networks does not provide burstable bandwidth, the practice of exceeding a pre-set throughput for higher traffic utilization times. Bandwidth throughput limits can only be increased by purchasing additional capacity for an additional monthly fee.
In the event that a client should exceed the amount of bandwidth (data transfer, not data throughput) provided with their service, the client will be billed a fee for incremental overage. This fee will be done at a rate of zero point zero two dollars ($0.02) per Gigabit (Gb) of additional bandwidth used during the remaining monthly period. The client can upgrade their server to a tier with a greater bandwidth allocation via the client portal should they wish to avoid the bandwidth overage fees.
Nobull Networks may terminate your access to services, in whole or in part, including deletion or confiscation of all files, content, and or domain name registrations, without notice in the event that: i) you fail to pay fees due to Nobull Networks; (ii) you violate the terms and conditions of this agreement; (iii) your conduct causes harm to Nobull Networks or others, cause Nobull Networks or others to incur liability; (iv) cause disruption to Nobull Networks business operations (as determined by Nobull Networks in its sole discretion); (v) any other lawful reason, including to comply with applicable law, or as otherwise specified in this agreement.
In such an event, Nobull Networks will not refund to you any fees paid in advance of such termination. You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Upon termination of the service for any reason, all user content, user websites, and other data will be deleted, except for when required by law.
Nobull Networks reserves the right to modify, add, or delete portions of this agreement at any time. Nobull Networks will publish changes to this agreement and include a “last updated” date. Continued usage of your services shall constitute agreement to such changes. It is your responsibility to ensure that you are kept up to date with this agreement.
Nobull Networks reserves the right to modify, change, or discontinue any aspect of the products and services at any time.
Where possible, Nobull Networks will attempt to update customers of these changes by: (i) updates to the company website; (ii) attempt to email customers via their contact information (email) in the client portal.
Any controversy or claim arising out of or relating to this agreement, the formation of this agreement or the breach of this agreement, including any claim based on an alleged tort, shall be governed by the internal laws of the State of Washington, without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington (or via Zoom or other online platform) before one arbitrator. The arbitration shall be administered by JAMS (www.jamsadr.com) pursuant to its JAMS' Streamlined Arbitration Rules and Procedures.
Any other challenge to the arbitration clause or for injunctive relief shall be filed in the federal or state courts located in King, Pierce, or Snohomish County, Washington to the exclusion of all other Courts.
Judgment on the Award may be entered in any court having jurisdiction.
You agree to indemnify, defend and hold harmless Nobull Networks, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the services, (ii) any breach or violation by you of this agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this agreement.
Nobull Networks shall not be responsible for any damages a client's business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Nobull Networks and its clients. Nobull Networks makes NO WARRANTIES of any kind, expressed or implied for services provided. Nobull Networks makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose.
IN NO EVENT WILL NOBULL NETWORKS ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF NOBULL NETWORKS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOBULL NETWORKS'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NOBULL NETWORKS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO CLAIMED LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Unforeseen Circumstances: Neither party shall be liable for any failure or delay in performing their obligations under this agreement when such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, governmental actions, or labor disputes.
This agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this agreement and such other agreements constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.