Terms of Service
We operate a website hosting platform called N8 Solutions and would love for you to use it. We offer paid plans, the ability to purchase a custom domain name, extra storage, and other features. Our services are designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.
If you find a website that is hosted with us at N8Solutions.host that you believe violates these Terms of Service, please report it by contacting us here. We ask that you include "TOS Violation" in the subject line and include as much information possible about the site in which you are referencing such as the site URL and why you believe it to be in violation of our terms of service.
We also have additional services and products designed to make the web a better place like N8Solutions.host, and N8Solutions.com. When referring to our products and services it includes all products and services from each website.
Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by N8 Solutions, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those 18 years of age or older. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Use of our Services requires a N8Solutions.host account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your password secure.
N8 Solutions will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.
The following applies to your N8Solutions.host Account, Website, and if applicable, your Server.If you create a website using your account on N8Solutions.host, you are responsible for maintaining the security of your account, website(s), and server, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account, website(s), and server(s). You must immediately notify N8 Solutions of any unauthorized uses of your account, website(s), and server(s), or any other breaches of security. N8 Solutions will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibilities and Obligations of Customers.You warrant and represent that the information you supply in the Order Form (or other information that N8 Solutions may require) is accurate and truthful.
You agree to receive all communications from N8 Solutions electronically, including but not limited to, email. You agree that it is your obligation and responsibility to make sure that N8 Solutions always has a valid email address on file for you (in your account) which you have access to so you can receive communications from N8 Solutions regarding renewal notices, replies to support tickets, server or account maintenance notifications, or any other communications that are deemed necessary and applicable to your account and associated services. You also acknowledge that failure to do so may result in you not receiving necessary and important communications regarding your account and associated services and that it may result in the termination of your account.
If you operate a website, comment on a website, post material to N8Solutions.host, post links on N8Solutions.host, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using N8 Solutions services, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to N8 Solutions for inclusion on your website, you grant N8 Solutions a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license allows N8 Solutions to make publicly-posted content available to third parties selected by N8 Solutions so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, N8 Solutions will use reasonable efforts to remove it from N8 Solutions services, but you acknowledge that backups of the content as well as caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, N8 Solutions has the right (though not the obligation) to, in N8 Solutions’s sole discretion,
- procure any domain registered under a customers account after it has expired,
- suspend or disable any account, subscription, domain, or website that, in N8 Solutions’s reasonable opinion, violates any N8 Solutions Terms or is in any way harmful or objectionable, or
- terminate or deny access to and use of N8 Solutions Services to any individual or entity for any reason.
N8 Solutions will have no obligation to provide a refund of any amounts previously paid.
Ecommerce.Using the services of N8 Solutions for ecommerce purposes, such as an online store that enables you to sell items (goods, content, services, etc.) on your website (Ecommerce).
- Usage of Information: Ecommerce services may require a connection to the servers of the services you choose to utilize, and/or data from your site, to work.
- Prohibited Uses: You may not use Ecommerce for any unlawful purposes, or in furtherance of illegal activities. We may terminate your account if we determine (in our sole discretion) that your use of Ecommerce is in any way harmful or objectionable.
- Taxes: You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some features in ecommerce software allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. Tax laws can change rapidly and they differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.
- Shipping: You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions Opens in new window and mailing standards Opens in new window, among others. In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments.
- Your Responsibilities: You are solely responsible for all of your ecommerce activities, including your store, your items, its operation, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
- You should use your best judgment when setting up your online store, operating your online store, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
- We are not involved in your relationships or transactions with any customer or potential customer.
- You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
- You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
Currency.The primary form of currency which N8 Solutions uses, and that all servers and services are priced at, is the Euro (€, EUR). Prices listed in other monetary units such as, but not limited to, the US Dollar ($, USD) or Bitcoin (Ƀ, BTC) are converted based off the exchange rate of the applicable monetary unit against the Euro (€, EUR).
Payment and Renewal.
By using the Services of N8 Solutions which include, but are not limited to, web hosting, managed hosting, domain purchases, and extra storage, you agree to pay the specified fees for any and all services associated with your account, which we'll bill or charge you for in regular intervals (such as monthly, annually, biennially, or triennially), on a pre-pay basis until you cancel, the exception being that Fees for applicable overages will be invoiced and charged in arrears. You may cancel your services at any time by logging in to your account here and contacting the relevant support team here. All cancellations are governed by our Cancellations and Refunds policy.
If your payment fails or Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Services, we may revoke your access to our Services in general.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Service.
Automatic Renewal.To ensure uninterrupted service, the services you purchase from us are automatically renewed. This means that if we do not receive a cancellation request prior to your renewal you authorize us to automatically renew your account and associated services up to five (5) business days prior to the renewal date to collect the then-applicable monthly, annual, biennial, or triennial subscription fee for such service(s) (as well as any taxes) using any payment mechanism we have on record for you. You must keep the method of payment current and able to be debited. Services can be canceled at any time by accessing your account through the account management page. Your Paid Services are renewed for the same interval of time. For example, if you purchase an annual plan, you will be charged each year.
It is your responsibility as a customer of N8 Solutions to know when the service(s) associated with your account will be renewed. If you intend to cancel your account and associated service(s) you must notify N8 Solutions before five (5) business days of the renewal date of your account of your intention to cancel your account and associated services by logging in to your account management dashboard and opening a support ticket directed to the billing department to ensure the N8 Solutions billing department receives the cancellation request with enough advanced notice of the renewal date so that any renewal charges can be stopped before being processed.
As a customer of N8 Solutions you will receive an email notification with an invoice twenty (20) days prior to the renewal date of your account and an email notification seven (7) days prior to the renewal date of your account informing you of the unpaid invoice, if it is still unpaid, for your upcoming renewal. As mentioned previously in this terms of service it is your obligation and responsibility to maintain a valid email address with N8 Solutions for communication purposes.
You are bound by the Cancellations and Refunds policy set forth in this terms of service with the exception being the money back guarantee. The money back guarantee is applicable only to the start date of your account with N8 Solutions and does not apply to account and service renewals.
Late Fees.Customers have the option to pay an invoice at any time by logging in to their N8 Solutions account and submitting a payment. An invoice that is not paid by the due date is automatically marked as overdue in the system. If an invoice is overdue by more than five (5) days (the grace period), the account is automatically suspended and a €15.00 (fifteen euros) late fee is added to the account. Once an account is suspended for failure to submit a payment within the grace period, the account will be terminated within seven (7) days of the end of the grace period unless it is reactivated. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus €15.00 (fifteen euros) must be submitted to N8 Solutions. If your account is suspended for other reasons, you may contact N8 Solutions here.
Cancellations and Refunds.Should you become dissatisfied with our services within the applicable timeframe of the money back guarantee after your account activation, N8 Solutions will refund your money subject to the money back guarantee terms listed in this agreement. The money back guarantee is not applicable to account and service renewals therefore this means that account and service renewals are not eligible for any type of refund. Refunds are not available for customers after the applicable timeframe of the money back guarantee of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. If you are on a monthly plan you will be charged in full for the entire month in which you cancelled your account at the current applicable monthly rate. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year, or two (2) years, depending on the TLD, of registration and therefore are considered a domain registration. Domain registration fees are listed on our Domain Registration page. Domain names of customers who leave our hosting service will be refunded the plan price total less the domain registration fee if the customer leaves N8 Solutions within the applicable timeframe of the money back guarantee.
Refunds are not available for add-on services such as, but not limited to domain names, dedicated IP's, SSL certificates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting plan will not be refundable if cancelled within the applicable timeframe of the money back guarantee. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
Your website files and emails are your responsibility as the customer of N8 Solutions and should you decide to cancel your service(s) it is your responsibility to make sure that you have a complete uncorrupted backup of all your website files and emails associated with your account and have downloaded them from the N8 Solutions server prior to requesting that N8 Solutions cancels your account. Furthermore, it is your responsibility to test the backups that you have made of your website files and emails that you have downloaded from the N8 Solutions server to ensure they are not corrupted.
When you submit a cancellation request you must specify whether or not you wish to have the services terminated immediately or at the end of the billing cycle. Unless otherwise specified in the request, once the cancellation request has been submitted to N8 Solutions, a cancellation of the website hosting service may occur any time after the request is received by N8 Solutions and when a cancellation request is completed your hosting account with N8 Solutions is terminated and all your website files and emails are permanently removed from the N8 Solutions servers. It is reiterated again here that it is your responsibility to ensure that you have downloaded all your website files and any emails from the server associated with your account prior to submitting your cancellation request.
Excessive Resource Customer Policy.Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. N8 Solutions offers a shared hosting service environment in which customers may share resources with other customers, therefore it is imperative that N8 Solutions control any excessive usage by customers so that they do not disrupt the quality of service of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) and/or 75,000 files also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. N8 Solutions will make every reasonable effort to notify customer prior to suspension, however, N8 Solutions may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a virtual private server. N8 Solutions reserves the right, in its sole discretion, to terminate customer accounts that repeatedly abuse server resources and/or refuse to upgrade. N8 Solutions will be the sole and final arbitrator as to what constitutes a violation of this policy. Customers have access to their Resource Usage within their control panel.
No "Spam".UCE/UBE or "Spam" originating from a server located on our network or associated with a N8 Solutions server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the N8 Solutions network but is sent from an e-mail address not associated with that N8 Solutions account. Customers shall not use their N8 Solutions services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. N8 Solutions reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Excessive Exploits.N8 Solutions allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is your responsibility as a customer of N8 Solutions to maintain the latest exploit free version of the scripts. If a customer of N8 Solutions uploads a script to our servers and the script is found to have security vulnerabilities which allows or could allow a third party to "hack", "exploit", or "deface" their site(s) and/or potentially "hack" or "exploit" a N8 Solutions server it is the responsibility and obligation of the customer to remove that script. In the event the customer fails to remove the script, N8 Solutions in its sole discretion, reserves the right to terminate the customers account with or without notice.
False Information.You agree not to post false, inaccurate, or misleading information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contacts N8 Solutions concerning unethical, false, or unlawful activities by you, N8 Solutions reserves the right to suspend or terminate your service with or without notice.
Licensed Software Only.You agree to use only properly licensed third party software in connection with your use of the Services.
Backup Files.N8 Solutions provides the tools needed to create backups of account data. N8 Solutions also performs backups of its servers and retains a copy for 24 (twenty-four) hours for disaster recovery purposes only. It is the responsibility of the customer to maintain an archive of backups of their data that are up-to-date. N8 Solutions does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
99.9% Service Level Agreement (SLA).This agreement describes the warranty for the availability of the network of N8 Solutions' services. The warranty applies to any of N8 Solutions' customers that do not have any pending payment obligations to N8 Solutions.
N8 Solutions offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. N8 Solutions will try to maintain maximum uptime. N8 Solutions is not responsible for any downtime caused by the client.
Format and procedure of applying the warranty.N8 Solutions' main goal is to ensure that the content of the hosted websites is available (uptime) for access from anywhere in the world, at anytime. The service downtime is defined as the loss of all packets from N8 Solutions to the providers of the backbone network.
N8 Solutions' goal is to keep the average time the Webserver or the Database Server are unavailable to 0.1% or less during a calendar month as measured by N8 Solutions.
If the Webserver or the Database server of the shared hosting plan that your site is hosted on is available less than 99.9% of a calendar month, N8 Solutions will add one more month of hosting to your hosting plan for free.
The period of time that the service is unavailable is counted from the moment that the customer informs N8 Solutions about it, during the interruption, by logging in to their account and opening a support ticket regarding the interruption thereby notifying N8 Solutions of the issue. N8 Solutions administrators will determine when the interruption ended.
The month added corresponds with the monthly fee of the main service plan paid by the customer, with the monthly data transfer limit, excluding additional services, such as additional IP addresses, support services etc.
Restrictions.The customer will not receive any warranty for any failure, malfunction or unavailability of the website that is caused or related to:
- Force Majeure as described in Section 12 of this terms of service.
- Planned or urgent maintenance or enhancement works on the technical equipment.
- Issues of the DNS, FTP, POP, IMAP or SMTP client access.
- False reports about the function of N8 Solutions systems. i.e. The Clients actions or omissions, including, without limitation, the code (e.g. CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct or misuse of services with violation of N8 Solutions terms and conditions and the articles of acceptable Use Policy.
- E-mail or webmail delivery or transmission.
- Outages elsewhere on the Internet that hinder access to the Customer. N8 Solutions is not responsible for the web browsers or the DNS that can make the service inaccessible to the Customer. N8 Solutions, is also not responsible for problems that arise due to the quality of Internet access by the provider selected by the Customer. N8 Solutions will guarantee only those areas under its own control to the extent of their control, meaning the servers, and their connection to the Internet.
Money Back Guarantee.As a part of our commitment to achieve industry leading customer satisfaction, and per our cancellations and refunds policy, N8 Solutions offers a forty-eight (48) hour and a thirty (30) day money back guarantee as described below wherein if the customer meets the criteria set forth in these terms of service they will be refunded all hosting charges minus any setup fees and administrative fees. Domain name registration, and/or add-ons (included and/or purchased) are non-refundable. The money back guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are non-refundable. Domain Names transferred to our service incur an additional year, or two (2) years depending on the TLD, of registration and therefore are considered a domain registration. Domain registration fees are outlined in the Domain Registration Pricing Sheet. Domain names of customers which leave our hosting service will be refunded the plan price total less the domain name registration fee if the customer leaves N8 Solutions hosting service within the timeframe of the money back guarantee.
Forty-eight (48) hour money back guarantee:
N8 Solutions offers a forty-eight (48) hour money back guarantee for plans and services purchased on a monthly basis that covers cancellations on shared hosting made during the first forty-eight (48) hours of service, due to the inability to deliver satisfactory services. VPS and Dedicated server subscriptions are non-refundable. If you purchased a VPS and/or Dedicated server subscription on a monthly basis you will be charged in full for the entire month in which you cancelled your account at the current applicable monthly rate.
Thirty (30) day money back guarantee:
N8 Solutions offers a thirty (30) day money back guarantee for plans and services purchased on a yearly basis that covers cancellations on shared hosting, VPS and Dedicated servers made during the first thirty (30) days of service, due to the inability to deliver satisfactory services. VPS and Dedicated servers purchased on a yearly plan are eligible for the thirty (30) day money back guarantee however if you purchased a VPS and/or Dedicated server subscription you, the customer, will be charged in full for the VPS and/or Dedicated Server subscription and associated services for the entire month in which you cancelled your account at the current applicable monthly rate.
Should you have any questions regarding the money back guarantee please contact our sales department.
2. Responsibility of Visitors.
N8 Solutions has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, N8 Solutions does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. N8 Solutions disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which N8Solutions.host links, and that link to N8Solutions.host. N8 Solutions does not have any control over those non-N8Solutions.host websites, and is not responsible for their contents or their use. By linking to a non-N8Solutions.host website, N8 Solutions does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. N8 Solutions disclaims any responsibility for any harm resulting from your use of non-N8Solutions.host websites and webpages.
4. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
Third Party Services are not vetted, endorsed, or controlled by N8 Solutions.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
5. Copyright Infringement and DMCA Policy.
As N8 Solutions asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by N8 Solutions violates your copyright, you are encouraged to contact us. N8 Solutions will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material or suspending the offending domain of the account holder. N8 Solutions will terminate an account holders access to and use of the Services N8 Solutions offers if, under appropriate circumstances, the account holder is determined to be a repeat infringer of the copyrights or other intellectual property rights of N8 Solutions or others. In the case of such termination, N8 Solutions will have no obligation to provide a refund of any amounts previously paid to N8 Solutions.
6. Intellectual Property.
This Agreement does not transfer from N8 Solutions to you any N8 Solutions or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with N8 Solutions. N8 Solutions, N8Solutions.host, the N8Solutions logo, and all other trademarks, service marks, graphics and logos used in connection with N8Solutions or our Services, are trademarks or registered trademarks of N8 Solutions or N8 Solutions’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any N8 Solutions or third-party trademarks.
7. Domain Names.
Free domain name registration is only applicable, if offered, to new specific service plans of one (1) year or more and do not apply to renewal of the service plans. This means that you, the customer, if you receive a free domain name registration at the time of signing up you will be charged for the renewal of the domain name at the current applicable price when the service plan is renewed. Free domain name registration is limited to the top level domains (TLD's) of .com, .net, & .org.
We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register a domain name on N8Solutions.host, or when you renew or transfer an existing domain name on N8Solutions.host, you become bound by the relevant registrar’s terms and conditions, in this case Papaki Opens in new window , and/or eNom Opens in new window in addition to these Terms.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). A summary of your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement can be found here Opens in new window. You can learn more about domain name registration generally here Opens in new window.
Additional Registry Requirements. Below you find links to the Registries of the main TLDs, that might have additional terms and conditions. With a domain registration of the below TLDs, the Customer certifies that he/she has read and agrees to the terms and conditions provided by these registries.
Terms and Conditions for the .gr registry can be found here Opens in new window as a PDF file. Here Opens in new window is a link to the frequently asked questions (FAQ) on the .gr registrars website.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
N8 Solutions may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your N8 Solutions account, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties.
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
N8 Solutions however, offers a 99.9% uptime guarantee. This is valid only for the N8 Solutions servers and our primary co-location Internet connection. N8 Solutions shall pursue partnerships with all tier-1 resources and channels available to maintain maximum uptime, however, N8 Solutions is not responsible for any downtime caused by any provider's hardware or network malfunction which is outside the capability of N8 Solutions to directly correct. N8 Solutions clients are diverse and their websites and the function of those websites are diverse and N8 Solutions cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other Internet or Cyberattack.
N8 Solutions periodically upgrades the installed applications on the existing servers in order to maintain security levels at the highest possible level and to provide the latest versions of Plesk Control Panel, PHP, MySQL, ASP.net, Perl, Zend, Ioncube, etc. It is the sole responsibility of the Client to check that code (codes like PHP, MySQL queries, ASP etc. in which the customer uses for the operation of his website hosted with N8 Solutions) to be compatible with the N8 Solutions servers. N8 Solutions is not responsible for any loss, damage or moral damage resulting from these upgrades caused by the inability or unwillingness of the Customer to customize the website with upgraded versions of various applications and Programming Languages that are installed on the N8 Solutions servers or by any other means.
Our Services are provided “as is.” N8 Solutions and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither N8 Solutions nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. Neither N8 Solutions nor anyone else involved in the provision of services is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of N8 Solutions, even if N8 Solutions has been advised to the possibility of such damages. You understand that you download from, or otherwise obtain content or services through, the services provided by N8 Solutions at your own discretion and risk.
11. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Country of Greece, the applicable laws in the European Union (EU) and by international treaties excluding its conflict of law provisions.
You agree that you shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of using our services and shall obtain any permits or licenses necessary for that which our services are used for. You shall not take any action in violation of any applicable legal requirement that could result in liability being imposed on N8 Solutions.
The terms of this Agreement shall control over any conflicting terms in any referenced agreement or document.
Any specific right or remedy provided in this contract will not be exclusive but will be cumulative of all other rights and remedies.
You agree through the use of our services that you hereby submit to the exclusive jurisdiction of, and waive any venue or other objection against, any courts located in the city of Athens in the country of Greece, or any Athens court in any legal proceeding arising out of or relating to this contract. You agree that all claims and matters may be heard and determined in any such court and you waive any right to object to such filing on venue, forum non-convenient, or similar grounds.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
12. Force Majeure.
N8 Solutions shall not be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control.
13. Limitation of Liability.
In no event will N8 Solutions, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, tort, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement for substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by you to N8 Solutions under this Agreement during the twelve (12) month period prior to the cause of action.
N8 Solutions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws and regulations regarding online conduct and acceptable content, the transmission of technical data exported from the European Union or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
15. EU Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable EU Sanctions. Such use is prohibited, and N8 Solutions reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify, defend, and hold harmless N8 Solutions, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, demands, assessments, or judgments asserted, and any and all losses, liabilities, damages, costs, and expenses (including, without limitation, attorneys fees, accounting fees, and investigation costs to the extent permitted by law) alleged or incurred arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This agreement sets forth and constitutes the entire agreement and understanding between N8 Solutions and you with respect to the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of N8 Solutions, or by the posting by N8 Solutions of a revised version. This agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; N8 Solutions may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
19. Let's Encrypt certificate Subscriber Agreement.
Let's Encrypt certificates are available for free to all paid web hosting plans. The Let’s Encrypt certificates are activated through the web hosting management interface - Plesk. The certificate remains valid as long as the web hosting package remains active with N8 Solutions. Let's Encrypt features are defined on their website. Use of certificates from Let’s Encrypt implies irrevocably that you accept the “Subscriber Agreement” set forth by Let’s Encrypt. N8 Solutions reserves the right to revoke access to the free Let’s Encrypt certificates at any time and without warning.