Last Updated: 2023-01-24

These Terms of Service contain services we offer, our acceptable use policy, billing policy, privacy policy, exclusive jurisdiction clause, disclaimer, arbitration clause, indemnification obligations, disclaimers of warranties, and limitations of liability. Please review these Terms of Services in their entirety. Please, read these mandatory Terms of Service carefully. You agree that by visiting or using our website, opting, or continuing to use any of our services, you confirm your agreement to be subjected to these Terms of Service.

1. Introduction These terms of service govern the use of our services (website, its policies, products, offerings, and services called services) and act as a legally binding agreement between N6 Cloud Inc. (hereinafter referred to as “we/ our/ us/ N6 Cloud) and users (or the entity on whose behalf you are executing this agreement) (hereinafter referred to as customer/client/ user/ you/ your). All rights and obligations of the users regarding using our services are incorporated in these terms of service.
2. Acceptance of Terms
   1. By accessing our website, you acknowledge that you are a major or have attained the age of 18 years. If you are between 13 and below 18 years of age, you may only use our website and avail of our services with legal parental or guardian consent. Consequently, you commit that you are a minimum of 18 years of age or more or holding legal parental or guardian consent and are legally competent to enter these Terms of Service mentioned hereinafter.
   2. You hereby agree to be bound by these terms of service, including all information, tools, additional terms and conditions, and policies referenced herein and/or available by hyperlink. If you do not agree with these terms of service or any part thereof, we strongly recommend that you not access our website or use our services. Furthermore, you duly acknowledge that we are facilitators of your business on the internet as an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third-party service providers, or the actions of individuals who use your instance of such products and services (“End Users”).
   3. You represent and warrant to N6 Cloud that your use of any service it provides will not violate any applicable law or regulation in the province, state, territory, or country in which you reside. If you are unable or unwilling to do so, do not request services from us.
3. Account
   1. Accurate Information. You agree to maintain accurate information in your Clients Area profile at https://n6cloud.com/clients at all times. This includes your full name, current billing address, phone number, and a valid email address. You agree to always keep your information up to date. You agree that we may use and rely on any such information provided by you for all purposes in connection with your services, subject to N6 Cloud’s Privacy Policy (https://n6cloud.com/privacy-policy). If you provide any information that is inaccurate, misleading, or incomplete, or if we have reasonable grounds to suspect that your information is inaccurate, misleading, or incomplete, we have the right, in its sole discretion, to suspend or terminate its services and/or close your account.
   2. Account Security. You agree that you are fully responsible for maintaining the confidentiality of your Account Access Information, including but not limited to login information, passwords, and credit card number. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify N6 Cloud immediately of any unauthorized use of your account or any other security breach. You agree that N6 Cloud will not be liable for any loss you may incur due to someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by N6 Cloud or another party due to someone else using your Account Access Information. We advise you to keep your Account Access information in a secure location and take precautions to prevent others from accessing and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of our infrastructure in any way.
   3. Account Suspension and Termination. N6 Cloud can suspend or terminate without prior notice any accounts that do not comply with our Terms and Services to maintain a safe and secure environment for our clients. We may attempt to notify you in case of account suspensions or cancellations. In some circumstances, we must suspend an account without prior warning to avoid severe harm or service degradation.
4. The Services we provide
   1. The various services and products that N6 Cloud offers to its clients are referred to collectively in these Terms of Service as the “Services.” Regardless of whether you pay for a Service or it is provided as part of a package, as a standalone full-price or discounted service, or for free, any Service you request or allow to be provided by us is included as part of the “Services” we refer to in these Terms of Service and the other Policies.
   2. All services we provide are governed by our respective terms and policies. You may also receive some Services from third parties, and in that case, you must also abide by any additional or different terms set forth in their terms of service or use. In addition, any time between the time of purchase and the date the Services are provided, the third parties with whom we have contracts to provide the Services may modify their offering. We will use commercially reasonable efforts to inform you of the service changes.
   3. Service Specifications. We published the specifications of any service we offer on our website (https://n6cloud.com). We may modify the specifications from time to time. Please refer to the Site for the most current service specifications. N6 Cloud may also send an email notice of the change to its affected customers.
   4. Service Changes. We may modify our Services and the corresponding Service Specifications from time to time. Please refer to the Site for the most current Service Specifications. We may also send an email notice of the change to its affected customers.
   5. Terms Specific to Domain Names:
      1. When you apply to register a domain name, your request is transmitted to Hexonet (www.hexonet.net or 1api.com). By using our Domain Name Services, you agree to be bound by Hexonet’s domain name registration policies and procedures, so please read them. These policies and procedures are available at: https://www.hexonet.net/legal/service-agreements. Furthermore, you are also bound by ICANN’s rights and responsibilities (http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities). Each domain type (or TLD) is managed by a specific registry, which sets out its own terms and conditions of use. By registering your domain through N6 Cloud, you agree to abide by your TLD registry’s rules and regulations.
      2. N6 Cloud cannot guarantee that a proposed domain name is available for registration or that a registrar will register it. After registration, you must ensure your domain name does not lapse and is timely renewed. We are not responsible for any lapse or any damages caused by any lapse. We will make commercially reasonable efforts to renew any domain names that are set to auto-renew. NOTWITHSTANDING THE FOREGOING, ANY SUCH RENEWAL IS YOUR RESPONSIBILITY. WE SHALL HAVE NO LIABILITY FOR THE FAILURE OF ANY SUCH RENEWAL OR AUTO RENEWAL, ANY RELATED DOMAIN EXPIRATION, OR THE REGISTRATION OF ANY EXPIRED DOMAIN BY A THIRD PARTY.
      3. It is your sole responsibility to ensure that the domain name you register does not violate anybody else’s legal or intellectual property rights. We do not verify if a domain name you buy or use violates the rights of any third parties. YOU ARE RESPONSIBLE FOR ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. WE ARE NOT RESPONSIBLE FOR DOING SO.
      4. Once registered, transferred, or renewed successfully, domain names are non-refundable and are not eligible for a refund. Paid domain name registrations, transfers, or renewals that could not be completed can be refunded following a written request submitted through the Clients Area (https://n6cloud.com/clients) within 30 days of initial payment.
      5. N6 Cloud is not responsible for any losses caused directly or indirectly by errors resulting from incorrect configuration or handling of the domain name beyond the initial registration, transfer, or renewal fees paid at the time of registration, transfer, or renewal.
      6. In most cases, expired domain names can be renewed for up to 30 days following their expiration at the regular renewal rate; however, due to varying conditions based on the type of domain purchased (also known as Top-Level Domain), we cannot guarantee the successful renewal of an expired domain name. N6 Cloud will make all reasonable efforts to secure a domain’s renewal once payment is received but cannot guarantee any specific results. In the event that a paid renewal cannot be completed, paid renewal fees will be refunded.
      7. Most domains that expire beyond certain days can enter a special state called a “Redemption Period,” in which they may not be transferred or renewed. N6 Cloud may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but is still within the redemption period, we must pay a redemption fee, which will be passed on to you, the customer. Please note that this domain redemption fee does not include the domain renewal fee that will still need to be paid to renew the domain for the next year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public after the redemption period completes.
   6. Terms Specific to Shared Hosting Services:
      1. All Shared Hosting, Shared WordPress Hosting and Managed WordPress Hosting plans are considered Shared Hosting Services.
      2. Each Shared Hosting Service has been limited by the specification published on the N6 Cloud website ( https://n6cloud.com). If you exceed the limits, we reserve the right to suspend your account without prior notice, let you upgrade your account to get more resources, terminate your account for breaking the terms of the package you bought, or charge you extra for the excess usage at our sole discretion.
      3. N6 Cloud’s server resources cannot be used for anything other than to serve data from your websites. Under no circumstance can the server resources be resold or used for data processing outside of the context of serving web pages or other web-accessible content to your site’s visitors.
      4. A shared hosting environment is not intended for highly resource-intensive sites. In these cases, dedicated server solutions or virtual private servers are recommended.
      5. The definitions of “unlimited” and “unmetered” for shared web hosting and reseller hosting are based on our interactions with clients in similar situations. This means that your use of our resources cannot be greater than that of consumers in a comparable condition. The following are prohibited from being used with shared and reseller web hosting:
         
         • Streaming content (other than that which is incidental to the operation of your website)
         • Managing huge photo or video galleries
         • Storing a lot of full-size or uncompressed digital images
         • Online file (FTP) serving
         • Distributing large audio or video content, such as MP3 files
         • Online backups (i.e., backup desktop/laptop computers, files, or anything not directly related to the website)
         • Storing files that are not directly related to your website and not linked to directly from at least one section of your website.
      6. You acknowledge that we may, at any time and without prior notice, remove illegal materials from our systems at our sole discretion. If we discover the following file types are occupying an excessive amount of disc space, particularly if they are hurting other customers, we may also delete them:
         
         • Backups stored locally
         • Temp files stored locally
         • Logs files
         • Any other large files deemed unnecessary for core website functionality or devoid of valuable data.
      7. You acknowledge that the included backup feature for Shared Hosting Services is primarily for N6 Cloud’s own disaster recovery purposes and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACKUP, AND ARCHIVING OF YOUR CONTENT. Shared web hosting accounts may not use their disk space for backup storage or storage of any files not directly linked to their websites.
   7. Terms Specific to Dedicated Services:
      1. All VPS Servers, Cloud Servers, and Dedicated Servers plans are considered Dedicated Services.
      2. If you use a Dedicated Service that includes Root Access, you agree that you are solely responsible for any modifications you make while using it and that N6 Cloud might not be able to undo any harm you cause while using Root Access.
      3. You are entirely responsible for installing and setting the firewalls, software, and all installation, upkeep, security, and backup for the Dedicated Services.
      4. Accounts for Cloud Server services are charged depending on resource utilization, with charges compounding over the course of the billing cycle. Because configurations can be altered at any moment, an itemized description of the resources used will always be included on your invoice.
      5. Dedicated Services clients are responsible for backing up their own data. A managed backup service can be provided at an additional cost. You can enable automatic data backups using a web-based control panel by ordering the Backup as a Service (Cloud Backup). You may need to install a backup agent on your server. You must ensure that the data on your server does not exceed the capacity of your backup storage. If your server’s data exceeds the backup storage capacity, your data may not be backed up until you upgrade your backup storage. N6 Cloud relies on specialized third-party backup software to manage the automatic backup process from your account or server onto the backup storage. Technical errors or problems can occasionally prevent the successful completion of a backup run. As such, you are strongly encouraged to regularly test the backup restoration process on your server and report any issues to our support team.
   8. IP Addresses. The IP addresses we assign to you are the only ones you may use in relation to the Services. Your account may be suspended if you use other IP addresses. IP addresses are part of your use of the Services and are owned by us and assigned to you while you are a customer. We may change these addresses if necessary.
   9. Third-Party Services we Offer as Reseller. N6 Cloud is a reseller or licensor of certain third-party products and services (collectively, “Third-Party Services”), including but not limited to SSL Certificates, Cloud Backup, and software licenses. Your purchase and use of Third-Party Services are generally subject to the applicable third party’s terms and conditions. N6 Cloud is not responsible for any changes in the Services that cause any Third-Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third-Party Services. Any malfunction or manufacturer’s defects of Third-Party Services either sold, licensed, or provided by us to you or purchased directly by you and used in connection with the Services will not be deemed a breach of N6 Cloud’s obligations under this Agreement.
   10. Reselling of our Services. In the case of reselling our services, you must ensure and enforce that all your customers that use any of our servers or services abide by our Terms and Conditions. You agree to defend, indemnify and hold harmless N6 Cloud, its officers, directors, and employees from any and all liabilities, costs, and expenses, including reasonable legal fees, related to or arising from any act or omission of any such the customer that would be a breach of these Terms and Conditions if committed by you. You also agree to directly provide timely support to clients you provide resold services and understand that N6 Cloud will deny support to your clients if they contact us directly. If you do not provide support to your resold clients within 48 hours or less and these clients reach out to us for assistance, we reserve the right to provide the requested services directly to the client, including assisting with an internal migration of their resold account into their own account directly with N6 Cloud.
5. Content
   1. You agree that you are solely responsible for the content stored on and served on your account(s) with us. You further agree that you are responsible for all activity in your account, whether initiated by you, others on your behalf or any other means. N6 Cloud disclaims liability for any activity in your account, whether authorized by you or not. You consent to grant N6 Cloud access to your accounts to address account or server technical issues and verify adherence to our Policies. Additionally, for security reasons, we do automated scans of the data, and we reserve the right to edit files, change permissions, or quarantine any files that are determined to be dangerous in nature.
6. Privacy Policy
   1. “User Personal Information” is any information about one of our Users which could, alone or together with other information, personally identify them or otherwise be reasonably linked or connected with them. Information such as a username and password, an email address, a real name, an Internet protocol (IP) address, and a photograph are examples of “User Personal Information.” User Personal Information does not include aggregated, non-personally identifying information that does not identify a User or cannot otherwise be reasonably linked or connected with them. We may use such aggregated, non-personally identifying information for research purposes and to operate, analyze, improve, and optimize our Website and Services.
   2. Our Privacy policy governs our use of your personal information. Please read our privacy policy at https://n6cloud.com/privacy-policy, which explains how we collect and use your personal information via our site. You consent by using this website and agree to the collection and use of the information as set out in the privacy policy.
   3. If you are a European Union resident, you have the right to delete your account with us by contacting us by submitting a ticket to the Legal and Abuse department at https://n6cloud.com/client/?/tickets/new/.If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.
7. Acceptable Use of Service
   1. You may not use any of N6 Cloud’s services or technology infrastructure in any manner for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules, or requirements. You agree that you will not be entitled to a refund of any fees paid to us in the case of your improper or illegal use of services for any reason.
   2. We reserve the right at all times to disclose any information as N6 Cloud deems necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post or remove any information or materials, in whole or in part, in our sole discretion.
   3. We reserve the right to investigate suspected breaches. We also reserve the right to suspend or terminate services, in our sole discretion, if you are using the services in association with any objectionable activities including, but not limited to:
      1. Possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise), and traffic any materials or links to a website that:
         
         • Include child pornography.
         • Promote, sell, or otherwise disseminate adult-related material, pornography, or other erotic material that contains nudity or other content determined at our sole discretion as adult-related regardless of merit, including but not limited to adult thumbnail galleries and banner exchanges.
         • Infringe any person’s copyright or other intellectual property rights (including unlicensed or improperly licensed applications, music, games, or other materials).
         • Willfully promote hatred against or defame any identifiable individual, group, or other organization, including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.
         • Promote or advocate human trafficking in any way as determined at our sole discretion.
         • Promote prostitution or escort services.
         • Promote gambling, casinos, gaming, sports betting, daily fantasy sports, lottery, or chain letters, regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction.
         • Promote or sell illegal drugs or drug paraphernalia.
         • Advertise, advocate or operate get-rich-quick schemes or any high-yield interest programs (HYIP), Ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, or related sites.
         • Attacking computer systems, networks, or internet users and defacing websites, including but not limited to IP scanners, Bruteforce programs, spam scripts, executables, mail bombers, or other tools or applications.
         • Distributing, storing, archiving, or sending any form of malware.
         • Creating, distributing, storing, archiving, or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service (DoS) attacks, or hosting content that is intended to assist others in defeating technical copyright protections.
         • Impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity.
         • Trying to bypass or subvert the physical, logical, or procedural safeguards such as firewalls, web-filtering software, or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so.
         • Operate file dumps/mirror scripts (similar to Rapidshare), anonymous or bulk SMS Gateways, or fraudulent sites.
         • Broadcast or stream live sporting events, including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE, or television.
         • Operate cryptocurrency/bitcoin miners.
         • Undertake any act in violation of any applicable local, provincial, state, national, or international law or regulation, including any laws relating to the export of data or software or the protection of human rights.
      2. You may not use the Services or N6 Cloud’s infrastructure in any manner that interferes with or disrupts others. When any of the following events occur in relation to any hosted website, it is a disruptive use, a breach of these TOS, and N6 Cloud may exercise its rights to suspend or revoke the access to offending Services:
         
         • Running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of N6 Cloud’s infrastructure.
         • Generating a daily, weekly, or monthly volume of network traffic that is excessive in relation to the amount of network traffic typically generated by other clients who have purchased similar hosting services.
         • Generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by other clients who have purchased similar hosting services.
         • On a daily, weekly, or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to the amount of network traffic typically generated by other clients who have purchased similar hosting services.
         • Running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server networks, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource-intensive services or applications.
         • Using Shared Hosting Services’ storage to store materials unrelated to or unnecessary for the operation of the website for which the Hosting Services were purchased (for example, using storage for data warehousing, backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage).
         • Sending any commercial electronic messages promoting the website or otherwise directing attention to the website to any recipient without the recipient’s consent.
         • No “Spam”. UCE/UBE or “spam” originating from a server located on our network or associated with an N6 Cloud server is not tolerated. This includes any email that promotes websites hosted on a server located on the N6 Cloud network but sent from an email address not associated with an N6 Cloud account.
   4. Enforcement. N6 Cloud may immediately suspend and/or terminate the customer’s service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, we attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, we reserve the right to suspend or terminate based on a first offense. N6 Cloud reserves the right to charge fees arising from management or handling of complaints related to alleged violations of the AUP.
8. Guarantees
   1. 99.9% Uptime Guarantee. We offer a 99.9% uptime commitment calculated monthly. We will use our commercially reasonable efforts to provide the Services all the time. However, to operate efficiently and securely, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”), and you acknowledge that from time to time, the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes. We will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our servers and network. Our services are considered available if they respond to our external monitoring tests. In the case that an unscheduled outage causes a service to be available for less than 99.9% of a calendar month, you will be eligible for an account credit equivalent to the prorated amount based on the time that service was down. You can request an account credit by contacting us at our https://n6cloud.com/clients. Account credits can only be issued once per month, at the end of a calendar month. Domain names, SSL Certificates, Third-party tools, and Software licenses are not eligible for account credits. We do not consider force majeure events described in the Force majeure section below and Scheduled Downtime in our Uptime guarantee.
   2. Money Back Guarantee. Some Services offer an absolute thirty (30) day satisfaction guarantee. To cancel your Services and request a refund, you must contact us within thirty (30) days of the Effective Date via the Client Portal at https://n6cloud.com/clients. If you cancel afterward, you are not entitled to any refund.
      1. Accounts that are terminated due to violations of our Policies are not eligible for a refund.
      2. All third-party fees, including setup costs, migration costs, and software license fees, are not refundable, changeable, or covered by our money-back guarantee.
      3. SSL certificates can be refunded within twenty-five (25) days from the date of purchase.
      4. We do not offer a money-back guarantee on Domain registration or transfer services.
      5. We do not offer a money-back guarantee on Dedicated Servers.
      6. All Service renewals are un-reversal and non-refundable.
      7. Refunds can only be issued using the same payment method for credit/debit card and PayPal payments. All other offline payments can only be refunded as an account credit.
9. Term, Payments, Renewals
   1. Term. We are not bound to provide Services until we receive full payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until the date which has been posted on the Service Information section of the Clients Portal located at https://n6cloud.com/clients. (“Initial Term”). This agreement shall be effective as of the Effective Date and shall continue until terminated in accordance with the terms and conditions set out in the “Suspension and Termination” section of this Agreement (the “Term”)
   2. Automatic Renewal. The Initial Term will AUTOMATICALLY RENEW for additional terms that have the same length as the initial term (each a “Renewal Term”). N6 Cloud will attempt to charge the payment method on file three days before your invoice’s due date. Suppose you do not wish to renew a service. In that case, you must give us written notice of your intention to terminate them by submitting a cancellation request or switching off the Auto-Renew of Domain through Clients Area at https://n6cloud.com/clients at least five days before starting the Renewal Term.
   3. Services not paid on their due date risk being suspended and may be terminated permanently afterward, at our sole discretion. A reactivation fee may apply if you wish to reactivate your services after they have been suspended.
   4. We accept payment via major Credit/Debit cards, PayPal, bank draft, Interac, and wire transfers. By providing us with your account payment information, you give us consent to charge you on the Due Date of any invoices linked to the account. In case of offline payments (i.e. bank draft, Interac, and wire transfer), the total payment amount should not be less than C$50. Any amount paid exceeding the invoiced amount will be added to your account in the form of account credit to be used for future payments.
   5. Promotions. Special promotions may be offered when ordering new services or account upgrades. Unless stated otherwise, promotional prices apply only to the initial payment cycle. Services renew at their regular rates. Special pricing promotions cannot be applied to renewals unless stated otherwise. We reserve the right to cancel any promotional pricing for any user that attempts to circumvent its intended use or limitations at our sole discretion.
   6. Billing errors. If you discover an error on your invoice, please notify us immediately by submitting a ticket to our Billing Department at https://n6cloud.com/clients. We will honour invoice errors as long as we are notified of them within ninety (90) days. Refunds will be issued as a service credit to be used on a future invoice. Service credits have no cash value.
   7. Chargebacks and Reversals. In the case of issuing a chargeback or reversal of charges, you will be responsible for a C$50 chargeback fee plus the total amount of the original transaction. We may restrict, suspend or terminate the affected Services until we receive the amount.
10. Suspension and Termination
    1. If you violate any of these Terms of Service, N6 Cloud may, in its sole discretion, restrict or suspend the Services without prior notice and without an opportunity to cure the breach. If you are allowed to cure the breach or demonstrate to N6 Cloud satisfaction that you have taken steps to prevent future breaches of the Terms of Service, N6 Cloud will lift the restriction or suspension. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
    2. You may terminate any Service anytime by submitting a cancellation request through Clients Area at https://n6cloud.com/clients. Any amounts paid in advance for Services will not be refunded.
    3. We may terminate any Service by giving you a written notice at least 30 days before the termination date. We may terminate this Agreement immediately and without prior notice to you:
       
       • For violating of these Terms of Service, including any of our Policies.
       • For your failure to pay any amounts due.
       • To prevent a service interruption by an Internet Service Provider or other network services provider.
       • To protect the integrity of N6 Cloud’s network or the security of the Services.
    4. You will be responsible for paying a one-time access fee of C$50 if we can provide data from a backup in a terminated account. When an account is cancelled or terminated, all of its data is deleted from our servers and is likely lost forever. These accounts will also have any domain registration packages revoked.
11. Disclaimers and Limitations of Liability
    1. EXCEPT FOR THE 99.9% UPTIME WARRANTY EXPLAINED IN SECTION 8.1 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO N6 CLOUD), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by N6 Cloud, its employees, agents, owners, directors, officers, or affiliates pursuant to these Terms of Service, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these Terms of Service. N6 CLOUD DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS.
    2. N6 Cloud is not liable and expressly disclaims any liability for the content of any data transferred to or from you or stored by you or any of your customers via the Services provided by us. N6 Cloud is not responsible for any loss of data for any reason. N6 Cloud is not liable for unauthorized access to or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information or content transmitted, received, or stored on its network.
    3. N6 Cloud is not liable and expressly disclaims any liability for data breaches or compromise caused by your failure to keep web applications, including plugins, up to date.
    4. N6 CLOUD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY THESE THIRD-PARTY ENTITIES TO N6 CLOUD SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD-PARTY BENEFICIARY OF THOSE WARRANTIES. REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US.
    5. YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF N6 CLOUD’S NETWORK. N6 Cloud is not responsible for any data loss or corruption for any reason.
    6. N6 CLOUD (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU, THE CLIENT, OR YOUR END USERS IN ANY WAY WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF SALES, OR LOSS OF SEARCH ENGINE RANK, RESULTING FROM OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OR USE OF THE HOSTING SERVICES. THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR WHETHER N6 CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    7. IN NO EVENT WILL N6 CLOUD’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY N6 CLOUD FROM YOU FOR THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU MAKE YOUR FIRST CLAIM FOR DAMAGES.
    8. Some jurisdictions do not allow the exclusion of incidental, special, or consequential damages. If any jurisdiction having applicability to the Terms of Service does not permit any such exclusion or limitation, our total liability to you in connection with any incidental, special, or consequential damages will be limited by section 11.7.
12. Indemnification
    1. You agree to indemnify and hold N6 Cloud and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any wilful misconduct on your part.
13. Notices
    1. Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.
    2. Please refer to our website, https://n6cloud.com, for contact information for most issues, including technical support and billing. Notices regarding these Terms of Service and other Policies should be directed to N6 Cloud Inc. PO Box 422 Garibaldi Highlands BC. V0N 1T0.
14. Legal
    1. Governing Law. This Agreement will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without reference to the conflict of laws provisions. The parties consent to the jurisdiction of the courts of British Columbia and the city of Vancouver.
    2. Force Majeure. N6 Cloud is not liable for any delay or failure in performance due to events outside our reasonable control, including without limitation third-party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labour disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. You agree not to hold N6 Cloud liable for any of the consequences of such interruptions.
    3. All Claims. All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be improperly filed and a breach of our Policies. We may recover attorney’s fees and costs if you file a claim contrary to our policies. Attorney’s fees include any fees charged by our attorneys.
    4. Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived because of any previous failure to enforce it. No term of this Agreement may be waived except in writing, signed by the party waiving enforcement.
    5. Assignment. These Terms of Service may be assigned by N6 Cloud. It may not be assigned by you. These Terms of Service shall bind and inure to the benefit of the parties’ corporate successors and permitted assigns.
    6. Severability. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
    7. Interpretation. The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term “including” or the phrases, “e.g.,” or “for example,” have been used to mean “including, without limitation.”
    8. Claims Period. You may have commenced no action or proceeding against us more than one year after the Service, which is the basis for the action rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.
15. Amendment
    1. N6 Cloud may change the Terms of Service from time to time and at any time. When N6 Cloud changes the Terms of Service, N6 Cloud will post the updated version of the Terms of Service on the Site and the date it was revised.
    2. As well, N6 Cloud may, but is not obliged to, ask you to confirm your consent to the revised TOS actively. If N6 Cloud does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms of Service. If you disagree with the revised Terms of Service without qualification, terminate any existing Services you are receiving from N6 Cloud and instruct to disable any password for the Site assigned to you.
    3. N6 Cloud reserves the right, in its sole discretion, to change or modify the Site from time to time, including but not limited to adding or removing functionality or features or changing its name.