Welcome to NakibVPS, LLC (“NakibVPS” “we,” “us,” or “our”). By using our services, you agree to these Terms and Conditions (“Terms”). Please read them carefully. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. PLEASE BE AWARE THAT THERE ARE CLASS ACTION AND ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

1. Additional Policies and Agreements

Use of the services is also governed by the following policies, which are incorporated by reference into this Agreement:

2. Account Eligibility

You must be at least 18 years old to use our services. By using our services, you represent that you meet this age requirement.

You agree to provide accurate and up-to-date information for your account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately if you suspect any unauthorized use of your account.

3. Use of Services

3.1 Prohibited Activities

You may not use our services for any illegal or unauthorized purpose. This includes, but is not limited to, the following activities:

  • Violating any laws in your jurisdiction.
  • Distributing malware or engaging in phishing activities.
  • Spamming or sending unsolicited messages.
  • Hosting or distributing obscene or offensive content.
  • Engaging in any activity that disrupts or interferes with the performance of our services or the networks connected to our services.

3.2 Resource Usage

Shared hosting accounts are intended for active websites only. Using shared hosting accounts primarily for storage or backup purposes is prohibited. You may not use your /home/ directory as a location to place backups. Excessive resource usage, including CPU, memory, storage, and bandwidth, may result in suspension or termination of your account. We reserve the right to impose limits on resource usage and to take corrective action if your usage adversely affects the performance of our services for other customers.

3.3 Fair Use Policy

To ensure optimal performance for all customers, we operate a Fair Use Policy. If your usage significantly exceeds the average usage of other customers, we may contact you to discuss an upgrade or impose restrictions on your account.

4. Transfers

We offer unlimited free migration services for all websites. Transfers are provided as a courtesy, and we do not guarantee the availability, time required to complete the transfer, or the integrity of transferred data. You are responsible for reviewing and verifying the transferred content.

5. User Content

You are responsible for any content you upload, post, or otherwise transmit through our services. By using our services, you grant NakibVPS a non-exclusive, worldwide, royalty-free license to use, distribute, reproduce, modify, and publicly display your content as necessary to provide the services.

6. NakibVPS Content

All content provided by NakibVPS, including text, graphics, logos, and software, is the property of NakibVPS and is protected by copyright, trademark, and other laws. You may not use, reproduce, or distribute any content from our services without our express written permission.

7. Third-Party Products and Services

Our services may include access to third-party products and services. NakibVPS is not responsible for the quality, performance, or reliability of any third-party products or services. Any use of third-party products or services is at your own risk and subject to the terms and conditions of the respective third parties.

8. Account Security and NakibVPS Systems

You are responsible for maintaining the security of your account, including protecting your password and any other access credentials. You must notify us immediately if you suspect any unauthorized access to your account. NakibVPS implements reasonable security measures to protect its systems, but we cannot guarantee that our security measures will prevent all unauthorized access or use of your account.

9. Billing and Payment

9.1 Payment Terms

You agree to pay for the services in advance of the period during which such services are provided. All fees are non-refundable unless otherwise stated. You are responsible for any taxes or fees associated with your purchase.

9.2 Prepayment

Payment for services must be made in advance. We reserve the right to suspend or terminate your account if payment is not received on time.

9.3 Autorenewal

Unless you notify us of your desire to cancel the services, your account will be billed on an automatically recurring basis. You authorize us to charge your payment method for the recurring charges until you cancel the services.

9.4 Fraud

If we suspect any fraudulent activity on your account, we reserve the right to suspend or terminate your account without notice. We may also report any fraudulent activity to the appropriate authorities.

9.5 Invoice Disputes

If you believe there is an error on your invoice, you must contact us within 90 days of the invoice date to dispute the charge. Failure to do so will result in the charge being considered accurate and binding.

10. Cancellations and Refunds

10.1 Money-Back Guarantee

NakibVPS provides a thirty (30) day money-back guarantee specifically for our web hosting services. According to the terms outlined here, if you are not fully satisfied with our web hosting services and decide to terminate your account within thirty (30) days of signing up, you will receive a refund for the hosting fees paid, excluding any setup charges. This guarantee is solely for hosting fees and does not cover administrative fees, installation charges for custom software, setup fees, or any other additional services.

For our VPS and Dedicated Cloud Hosting, NakibVPS offers a 7-day money-back guarantee. If you are unhappy with the VPS server performance or encounter setup issues, you can request a cancellation and submit a support ticket for a refund within 7 days. Refunds will not be provided for any cancellations made after this 7 days period.

Note: Refunds exclude the setup fee, which is $0.00 for Managed WordPress Hosting Plans, $14.95 for VPS Hosting Plans, and 29.95$ for Dedicated Cloud Plans..

10.2 Non-Refundable Services

Dedicated servers, administrative fees, and other additional services are non-refundable. Setup fees are also non-refundable.

10.3 Cancellation Process

To cancel your services, you must submit a cancellation request through our client portal. Cancellations are effective at the end of the current billing period. We do not provide pro-rated refunds for unused services.

11. Termination

We may terminate your access to the services without notice for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. You may terminate your account at any time by submitting a cancellation request through our client portal.

11.1 Effects of Termination

Upon termination, all data associated with your account will be deleted. We are not responsible for any data loss resulting from termination.

12. Uptime Guarantee

NakibVPS offers a 99.9% uptime guarantee for our hosting services. If we fail to meet this guarantee, you may be eligible for a credit. The uptime guarantee does not apply to scheduled maintenance, customer-caused outages, or force majeure events.

13. Price Change

NakibVPS reserves the right to change the prices of our services at any time. We will provide you with at least 30 days’ notice before any price changes take effect. Your continued use of the services after the price change constitutes your acceptance of the new prices.

14. Coupons

From time to time, NakibVPS may offer promotional coupons. Coupons are subject to the terms and conditions specified at the time of issuance. Coupons are non-transferable, non-refundable, and cannot be exchanged for cash.

15. Limitation of Liability

To the maximum extent permitted by law, NakibVPS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the services.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from our services.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party.
  • Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the services.

16. Indemnification

You agree to indemnify and hold NakibVPS, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to your use of the services, your violation of these Terms, or your violation of any rights of another.

17. Arbitration

Any disputes arising out of or related to these Terms or the services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your Jurisdiction], and the arbitrator’s decision shall be final and binding. Each party shall bear its own costs of arbitration.

18. Disclaimer

NakibVPS provides the services on an “as is” and “as available” basis. We do not warrant that the services will be uninterrupted, error-free, or completely secure. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review the Terms periodically.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles. Any legal action or proceeding related to your access to or use of the services shall be instituted in a state or federal court in [Your Jurisdiction]. You and NakibVPS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.

21. Multiple Accounts

Customers are prohibited from maintaining multiple accounts to avoid fees, usage limits, or any other policy restrictions. Any customer found to be in violation of this policy will have their accounts consolidated or terminated at our discretion.

22. Prohibited Persons (Countries, Entities, and Individuals)

NakibVPS complies with U.S. export control and economic sanctions laws. By using our services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services. You also represent and warrant that you are not identified on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entity List.

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If you have any questions about these Terms, please contact us at legal@nakibvps.com.