Your use of FadeNode's products, services and website is subject to the terms of this legal agreement. The terms "we" and "our" means FadeNode. "Products", "Services" and "website" are referred to collectively in this document as "services". By using FadeNode's services you consent to be bound by this agreement. You may not use our services if you are not of legal age to form a binding contract or if you are barred for any reason from receiving our services under the law. FadeNode reserves the right to revise or amend any portion of this agreement at any time and at its sole discretion and without advance notice to you. Any changes will be effective when they are posted to the site. Your continued use of our services following any change in terms of service will signify that you accept such changes. If you do not agree to any changes in the Terms of Service Agreement, please discontinue use of our services. Violation of the Terms of Service is grounds for cancellation of service without refund and possible civil or criminal prosecution.
"Charges" means the applicable fees payable by you to FadeNode in exchange for our products and services.
"Content" means information published on the FadeNode website or transmitted by us as part of the services we provide.
The provisions of the Terms of Service Agreement are in no way exhaustive. Any conduct that violates laws, regulations, or the norms of internet use is prohibited. FadeNode reserves the right to limit or prohibit any of your activities that damage the reputation of FadeNode as it pertains to your use of our services.
You agree not to access or attempt to access any of our services by any means other than the FadeNode interface.
You agree not to circumvent FadeNode's security features for any reason, particularly in order to access the system without incurring charges.
You agree not to engage in activities that interrupt or interfere with FadeNode's services.
You agree not to use fadenode.com in a manner that unfairly, as determined by the sole discretion of FadeNode, encumbers any system beyond those provided to you as part of the service you purchased.
You agree not to perform any network-based attack on any network, host, or server, including but not limited to "denial of service" attacks or attempting to crash the server.
You agree that your account is your sole responsibility and that you will accept the consequences of any breach of your obligations under the Terms of Service agreement.
You agree that you are responsible for the security of your account and that you will keep your passwords confidential.
You agree that you are responsible for all activities that occur under your account.
No contract or subscription is required with any of our services.
Services can be canceled by the customer at any time, however no refunds will be given for the remainder of the billing cycle.
Charges are made automatically on the due date if paid directly using a credit/debit card. PayPal payments are not automatic and must be paid manually for every billing period i.e. monthly/quarterly/semi-annually/annually.
For all services, the following procedure will be enforced:
An invoice will be generated 14 days prior to due date.
If unpaid, the invoice will be marked overdue at 9AM UTC 24 hours after the due date.
At this point, the first overdue notice will be sent out via email.
Once overdue, affected services will be suspended.
48 hours after being overdue, the second overdue notice will be sent out via email and 10% late fee added.
72 hours after being overdue, the third overdue notice will be sent out via email.
7 Days after being overdue, the affected services will be terminated and files removed.
We have the right to change our pricing at any time.
If we decide to change our pricing, we have the right to automatically change your plan specifications and price, at least 15 days after the price change is announced on our website, which can be found here.
We anticipate our services to be available 100% of the time.
A service disruption occurs when your website is completely offline for more than 15 minutes due to a fault in our networking or power infrastructure.
Disruptions caused by the hardware or software of your website itself is not covered by this SLA.
Disruptions caused by planned or unplanned maintenance are not covered by this SLA.
Disruptions caused as a result of actions taken by our abuse/security department are not covered under this SLA.
In the event that there is an unplanned service disruption, you may contact support and request account credit to be issued for the disruption.
We are not responsible for any data uploaded on our services that is lost, deleted, or not recovered.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from FadeNode through or from the service shall create any warranty or other obligation not expressly stated in the Terms of Service Agreement.
The service will meet your requirements.
The service will be uninterrupted, timely, secure, or error-free.
The results that may be obtained from the use of the service will be accurate or reliable.
The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Any errors in the software will be corrected.
You agree that you have no right to use any of FadeNode's logos, trade marks, or domain names.
FadeNode reserves the right to disable and terminate your website if your website is regularly attacked with denial of service attacks, or if it is abusing our services in any way.
We aim to provide an average response time of 2 hours, some responses may take longer however depending on the complexity of the request.
Spamming the ticket system will create a further delay in response, if this is continued, you may be banned from the support ticket system and thus will not be able to get support for your services.
We reserve the right to not respond due to abusive comments (i.e. Swearing and causing other issues) if this is continued, your services may be terminated without refund.
If you are paying for an unmetered plan, you can only request an upgrade if you have reached your soft limit. FadeNode reserves the right to deny any soft limit upgrades.
All hosting plans have a 24 hour money back guarantee of the initial order date and time.
After the 1 (one) day period of the initial order date, no refunds will be given.
If we decide to cancel your service, and your due date is in less than 2 days, you do not have the right to request a refund. Full refund will be provided if your due date is in more than 22 days. If your due date is in less than 22 days, but not more than 2 days, you have the right to request a refund, and we will provide you a refund based on the number of days until your due date. We reserve the right to decline your refund request for any reason.
All refunds must be requested in the billing panel by opening a support ticket.
The reason of the refund request must be given. If there is no reason specified, then we are allowed to deny your request.
Only one refund request is allowed for a service.
A chargeback or dispute of any payment will result in the immediate termination of all services you own until the resolution of the dispute or chargeback.
If a chargeback rules in the favor of the customer and we believe that the chargeback was fraudulent, you will be referred to a credit collections agency.
Refunds are only offered to new clients, any clients which have purchased a service previously is not eligible for the 24 hour money back guarantee.
Add-ons such as WHMCS licenses, Dedicated IPs, and Client Accounts are not eligible for a refund.
FadeNode reserves the right to terminate your account at any time without refund.