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Terms of Service (TOS)

Last updated: April 2024

IMPORTANT NOTICE: All Payments To Netwindy LLC Are Non-Refundable.

Netwindy LLC (“The Company”) agrees to render services to the Subscriber, subject to the following Terms of Service (TOS).

Use of Netwindy LLC Service constitutes acceptance and agreement to Netwindy LLC’s Acceptable Use Policy (AUP) as well as Netwindy LLC’s TOS.

All provisions of this contract are subject to the TOS of Netwindy LLC and AUP. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Arizona, county of Maricopa applicable to contracts enforceable in that state. Venue will be Maricopa, Arizona.

Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Netwindy LLC shall have the right to terminate all service set forth in this Agreement.

Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service.

Payments and Fees:
Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to a fee of 20% of the invoice amount. Accounts not paid by due date are subject to a fee of 20% of the invoice amount late fee. Accounts that are not collectable by Netwindy LLC may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $500. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes:
All payments to Netwindy LLC are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Netwindy LLC’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Netwindy LLC an “Administrative Fee” of not less than $50 and not more than $150.

Failure to Pay:
The Company will temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation:
Requests for canceling accounts may be made in writing with at least 3 days notice but not more than 30 days prior written notice in the form of a ticket opened in Email is not an acceptable form of cancellation request. Servers are canceled at midnight GMT 00:00 at which any attempt to renew the service may not be possible.

Subscriber acknowledges:
That the service provided is of such a nature that service can be interrupted for many reasons not limited to hardware and network failure and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries:
Netwindy LLC, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our support center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Netwindy LLC provides support related to your server or virtual site physical functioning. Netwindy LLC does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Netwindy LLC does not provide technical support for YOUR customers. If you can email, we encourage you to email for assistance. If you are able to get online and have other questions, the answers may be on our web site – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

SPAM and Unsolicited Commercial Email (UCE):
Netwindy LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Netwindy LLC may not use or permit others to use our network to transact in UCE. Customers of Netwindy LLC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Violation of Netwindy LLC’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Netwindy LLC will initiate an immediate investigation (within 48 hours of notification). During the investigation, Netwindy LLC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Netwindy LLC may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Netwindy LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Netwindy LLC will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that Netwindy LLC personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the Netwindy LLC network, it is advisable that Customers develop a similar or equivalent policy for their clients.

Important Notice:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.


IP Address Ownership:
If Netwindy LLC assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Netwindy LLC, and Customer shall have no right to use that Internet Protocol address except as permitted by Netwindy LLC in its sole discretion in connection with the Services, during the term of this Agreement. Netwindy LLC shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Netwindy LLC, and Netwindy LLC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. Netwindy LLC makes no guarantee or assumptions on any terms of IP or mail connectivity to various ISPs causing in mail or IP connectivity not reaching the destination due to the ISP blocking the IP address used.

Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Netwindy LLC will monitor Customer’s bandwidth and disk usage. Netwindy LLC shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Netwindy LLC’s sole and absolute discretion. If Netwindy LLC takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Netwindy LLC may, at its sole discretion, collect a deposit, in an amount determined by Netwindy LLC, against customer’s credit card on file with Netwindy LLC.

System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Netwindy LLC Network. Violations of system or network security may result in civil or criminal liability. Netwindy LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

      – Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
      – Attempting to probe, scan or test the vulnerability of a system or network or to breach security without proper authorization.
      – Attempting to interfere with service to any user, host or network, including, via means of overloading, “flooding”, “mail bombing” or “crashing”.
      – Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
      – Taking any action in order to obtain services to which such User is not entitled.

Netwindy LLC reserves the right to deny any RDNS request if the customer does not agree to show proof of ownership or consent for use by domain owner of the domains listed in the RDNS request form.

Notification of Violation:
Notification of Violation: Netwindy LLC is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which Netwindy LLC determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Netwindy LLC’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

Second Violation: Users that Netwindy LLC determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: Netwindy LLC reserves the right to suspend network access to any customer if in the judgment of the Netwindy LLC network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Netwindy LLC chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

Netwindy LLC reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Netwindy LLC must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Netwindy LLC wishes to emphasize that in agreeing to the Netwindy LLC AUP and TOS, customer indemnifies Netwindy LLC for any violation of the AUP and Terms of Service (ToS) that results in loss to Netwindy LLC or the bringing of any claim against Netwindy LLC by any third-party. This means that if Netwindy LLC is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Netwindy LLC, plus all costs and attorney’s fees.

Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Netwindy LLC takes no responsibility for any material input by others and not posted to the Netwindy LLC Network by Netwindy LLC. Netwindy LLC is not responsible for the content of any other websites linked to the Netwindy LLC Network; links are provided as Internet navigation tools only. Netwindy LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

Netwindy LLC is not responsible for any damages your business may suffer. Netwindy LLC does not make implied or written warranties for any of our services. Netwindy LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Netwindy LLC.

Responsibility for Content:
You, as Netwindy LLC’s customer, are solely responsible for the content stored on and served by your Netwindy LLC server.

Data Backups:
You, as Netwindy LLC’s customer, are solely responsible for the backup of data.

Windows Servers:
Requirements for using Microsoft software. Subscribers are prohibited from allowing more than two (2) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.

Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

Netwindy LLC may provide you access to other third party software and/or services (“Third Party Products “) through reseller relationships Netwindy LLC has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Netwindy LLC and not by the Third Party Vendor. Neither Netwindy LLC nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from Netwindy LLC or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Netwindy LLC nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Netwindy LLC with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

Denial of Service:
We reserve the right to screen/refuse service to anyone at any time for suspicion of violating the Terms of Service or without reason.

Revisions to this TOS:

Netwindy LLC reserves the right to revise, amend, or modify this TOS, our TOS and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS.