Terms of Service

 

Introduction

These terms and conditions (“Terms”) govern your use of this website, and Node.Net products, software, and services (the “Goods” and “Services”, collectively the “Goods and Services”) offered through this website.

 

Acceptance of Terms

By using this website and the Goods and Services, you accept these Terms in full and without reservation. Access to and use of the website and the Goods and Services are provided to you subject to your acceptance and compliance with the Terms.  It is your responsibility to review the Terms regularly.

 

In addition, when using this website, and the Goods and Services, you will be subject to any posted guidelines or rules applicable, which may be posted from time to time.  All such guidelines or rules shall be incorporated by reference into these Terms. If you disagree with these Terms, or any part of these Terms, you must not use this website, or the Goods and Services.

 

You must be at least 18 [eighteen] years of age to use this website, and the Goods and Services. By using this website, and the Goods and Services, and by agreeing to these Terms, you warrant and represent that you are at least 18 years of age.

 

Restricted access and Registration Obligations

Access to the Goods and Services, and certain areas of this website is restricted. Node.Net reserves the right to restrict access to certain areas of this website, and the Goods and Services at our discretion. Node.Net may change or modify this policy without notice.

 

To participate and use the Goods and Services, you are required to complete the registration process to create an account and select a unique user ID and password.  Your account, user ID and password are specific to you and may not be shared or transferred to any other person. If Node.Net provides you with a user ID and password to enable you to access restricted areas of this website or the Goods and Services or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.  Node.net may disable your account at Node.net’s sole discretion, without notice or explanation.

 

During the registration process, you will provide us true, accurate, current and complete information about yourself.  You will maintain and promptly update the registration data to keep it true, accurate, current and complete.  If you provide any information that is untrue, accurate, not current or complete, or Node.Net. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Node.Net has the right to suspend or terminate your account and refuse any and all current future use of this website, the Services or the Goods and Services by you.

 

License to use website

Unless otherwise stated, Node.Net and/or its licensors own the Intellectual Property (defined below) published on this website, including all rights in and title to the Goods and Services. You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

 

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website or the Goods and Services for a commercial purpose;
  • edit or otherwise modify any material on the website or the Goods and Services;
  • redistribute material from this website or the Goods and Services – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website or the Goods and Services through the use of iframes or screenscrapers.

 

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

 

You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of Node.Net or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities on or in relation to this website or the Goods and Services without Node.Net’s express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or the Goods and Services or any part of it to transmit or send unsolicited commercial communications.

 

You must not use this website, or the Goods and Services for any purposes related to marketing without the express written consent of Node.Net.

 

Acceptable use

In addition to complying with these Terms, you agree to use this website, and the Goods and Services, and materials on this website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the internet by their residents.

 

Potential users of this website, or the Goods and Services in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this website, the Goods and Services illegal; are unauthorized to use this website, the Goods and Services.

 

You agree not to use this website, or the Goods and Services in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

 

 

Price and Payment Terms

The total price and all other related charges for the Goods and Services will be set out in the purchase receipt.  Prices offered or advertised do not include, shipping, handling, or applicable taxes, which will be added to the price you pay.  Node.Net will provide confirmation of your order to the email address you provided during the registration process.

 

All payment and credit terms are within Node.Net.’s sole discretion and will be as specified during your purchase process.  Unless otherwise specified, payment must be made in full and received by Node.Net prior to Node.Net’s acceptance of an order for the Goods and Services.

 

Advertisements on this website are invitations to you to make offers to purchase the Goods and Services and are not offers to sell.  A properly completed order on this website by you constitutes only your offer to purchase the Goods and Services in your order, even if Node.Net has processed payment for such offer.  Your order will be accepted only if and when Node.Net sends a shipping notice email to the email address you provided during your registration or order process.  If Node.Net does not accept your order in whole or in part, Node.Net will refund any amounts paid by you to Node.Net for the order or part of the order not accepted.

 

Any price offers or advertisements given by Node.Net will be valid for the period stated on the offer or advertisement, except that Node.Net reserves the right to reject any sale for any reason, including without limitation for a misprint in the price offer or advertisement.

 

Unless you provide Node.Net with a valid tax exemption certificate applicable to the Goods shipping destination prior to acceptance of your order by Node.Net, you are responsible for all goods and services and harmonized sales taxes, and all other taxes associated with the order, except taxes on Node.Net net income. Separate charges for taxes will be shown on the order invoice.

 

Shipping and Title

Node.Net will arrange delivery of the Goods to your address using the process set out in your order, or otherwise any other carrier selected by Node.Net. Orders for multiple Goods may be shipped separately.

 

Title and risk of loss to tangible products passes to you upon delivery to the carrier, except for licensed products such as software. Any licenses to the Goods or in relation to the Goods are subject to the Terms of such licenses, and you must agree to such Terms to use your Goods and Services.

 

Unless expressly set out in your order, Node.Net does not provide insurance on Goods during delivery. The costs of shipping and handling will be shown on your purchase receipt. Node.Net will inform you of estimated shipment dates but is not liable for any delivery delays or failure to ship by the estimated due date, including without limitation as a result of events beyond Node.Net’s or its shippers’ reasonable control, including without limitation shortage of materials, transportation failure, or acts of God.

 

Returns and Exchanges

If for any reason you are not completely satisfied with the Goods you have purchased, you may return it within 30-days of receipt.

 

To return the Goods, you must ship the Goods to Node.Net in their original packaging and condition, prepay shipping charges and accept the risk of loss or damage during shipment. Node.Net will not ship a replacement or exchange until the returned Good is received. The returned package must contain a copy of an original purchase receipt that shows the price of the returned Product(s).

 

Refunds on offers or purchases made with a credit card will only be credited to the same card.

 

Goods and Services Changes

The Goods and Services may change or be discontinued at any time. Node.Net will deliver the Goods and Services that have similar characteristics of the Goods and Services you ordered, but minor changes between what is delivered and what is described online are possible. Node.Net may ship Goods or provide you with the Services with minor specifications changes, provided that there is materially the same functionality, performance and characteristics of the ordered Goods and Services.

 

Goods may differ slightly from how depicted in any illustrations, photography or descriptions on this website. Node.Net has made every effort to display as accurately as possible the colours of Goods as they appear on this website. However, as the actual colours you see will depend on photographic processes and your screen, Node.Net cannot guarantee that your screen’s display of any colour will be accurate.

 

Description of the Goods and Services

Node.Net is offering to persons who have registered accounts, monetary payments as described below in exchange for use of the Goods and Services.  These payments are subject to these Terms and any other terms or conditions accepted upon purchasing, and using the Goods and Services.

 

The relationship between Node.Net and you will be that of independent contractors.  Neither us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or the use of this website, the Goods and Services.

 

Eligibility

To be eligible you must meet the following requirements:

  • Be physically located in the United States, and be using a United States internet connection
  • Run off a residential or non-commercial connection
  • Be capable of providing a minimum 100mbps upstream bandwidth
  • Acquire permission to run the program off your connection
  • Comply with the terms of your ISP concerning running servers

 

Payments

Users with registered Accounts users will be eligible for a payment of $50.00USD per 30 days provided their connection is accessible 95% of the 30 days . Payment according to the rate described above be deposited into a secure PayPal account.  The eligible user will be granted access to the account and may withdraw payment once per 30 days through a validated PayPal account.

 

Node.Net reserves the right to deny payment or restrict access for breach of Terms or any other reasonable cause we determine including fraud, suspicious activity, unlawful or illegal activity.

 

Registered users are solely responsible for any and all bandwidth charges associated with running the Goods and Services.

 

All payment terms are within Node.Net’s sole discretion and will be specified as such during the course of the Services.

 

 

Cancellation Procedure

Node.Net assumes that once you sign up for the Goods and Services, you understand and accept the payment terms we offer. You may cancel your paid subscription at any time prior to your next payment date, simply by logging into the member’s area. To do so, go to https://node.net/account/ to cancel your account.  You will also be required to uninstall the software and hardware from any computer that you have installed the Goods and Services, and return any Goods provided to you.

 

Breaches of the Terms

Without prejudice to Node.Net’s other rights under these Terms, if you breach these Terms in any way, Node.Net may take such action as Node.Net deems appropriate to deal with the breach, including suspending your access to the website, the Goods and Services, prohibiting you from accessing the website, the Goods and Services, blocking computers using your IP address from accessing the website, the Goods and Services, contacting your internet service provider to request that they block your access to the website, the Goods and Services, and/or bringing court proceedings against you.

 

User content

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to Node.Net a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Node.Net the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Node.Net or a third party (in each case under any applicable law).

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Node.Net reserves the right to edit or remove any material submitted to this website, or stored on the servers of Node.Net, or hosted or published upon this website or the Goods and Services.

 

Node.Net’s rights under these Terms in relation to user content, Node.Net does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

Disclaimers – Cautions and Restrictions

As a condition of your use of this website and the Goods and Services, you acknowledge and accept that we do not control – nor are we responsible for – any data, content, services, or products (including software) that you (or any part connecting through you) access, download, receive or buy while using the Goods and Services.

 

You acknowledge and understand that the Goods and Services are being primarily marketed and offered to you as an optimized Virtual Private Network (“VPN”) privacy solution, offering selective, private browsing through proxy technology in a manner that optimizes connecting users’ internet browsing experience in terms of speed and downloading time, and that our technical support for anonymization with respect to specific domains is, will be, and/or has been, offered for the sole purposes of selectively anonymizing users’ IP addresses, in accordance with the standards of the VPN industry, in a manner that will optimize their internet browsing experience in terms of speed and download times (for example, to ensure that VPN proxying does not incidentally impair the speed of delivery of content that is being offered to you by a third party through that party’s content delivery network).

 

You further acknowledge and agree that we are not in the position to determine whether you are particularly using the Goods and Services to facilitate contractual relations with any particular third party. Accordingly, you acknowledge and agree that using the Goods and Services to facilitate and optimize users’ private access to any third party services and/or content is solely at your own risk and discretion.  You are responsible for ensuring that you are compliant with third party terms and conditions and any applicable laws in your jurisdiction.

 

We are not a publisher of third party content accessed through the Goods and Services, and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties, as accessible through the Goods and Services. You are responsible for paying all fees and charges of any third party vendors who help facilitate your use of the Goods and Services, including ISP data transfer fees, connection fees, and all other third party fees relating to the operation of the Goods and Services. Having regard to the foregoing, you acknowledge and agree that the technical support we offer in respect of selectively anonymizing your IP address for particular domains is strictly offered for the purposes enunciated herein this Agreement, and should not be, and will not be, interpreted by you as an endorsement by us of any particular domain’s services and/or content, nor should such technical support be interpreted by you as an inducement from us to engage in contractual relations with any third party.

   

 

Disclaimer – Privacy

Though we offer selectively private browsing options through the Goods and Services , you acknowledge and understand that the extent of privacy offered through the Goods and Services is solely determined through the manner by which you choose to use these Goods and Services.

 

If you choose to use the website or the Goods and Services, to access web sites, services, or content from parties that require your personal information in order to access their services and/or content, you acknowledge and agree that we cannot be made responsible and/or liable by you for any personal information that you provide to a third party in order to access their services and/or content.

 

How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies (if any), and not ours. Accordingly, you understand and agree that we have no responsibility for, and knowledge of, third party privacy policies, nor do we have responsibility for, and knowledge of, their or your compliance with such policies.

 

Disclaimer – Legal Notices

As a condition of your use of this website, the Goods and Services, you further acknowledge and accept that we are bound to comply with any and all legal notices that may be delivered to us, whether from private or public sources, including, but not limited to, any legal notices relating to applicable statutes and regulations.

 

Pursuant to the delivery of any legal notice, we may be required to block access through the Goods and Services to certain information, transmissions, third party services, products, or domains in order to protect the Goods and Services, our website, our network, the public, and our users.   Accordingly, you acknowledge and agree that our compliance with legal notices under such circumstance shall not constitute grounds for your launching any legal or arbitration action against us, nor shall such compliance under these circumstances entitle you to any refund, particularly where the Goods and Services are otherwise functional with respect to any other domains and other selectively privatized browsing uses.  At all times, whatever the circumstances, our termination and refund policies below will apply.

 

Accordingly, if, for any reason, this website, the Goods and Services are discontinued in order to comply with legal notices or any applications of law, you agree that any such discontinuation for reasons of our legal compliance, and/or for reasons of limiting any legal liability, will be treated by you as a normal cancellation of service, effective on the date of such discontinuation of service, at which point our termination terms and refund policies will apply as if you had initiated the cancellation at that date.

 

No warranties

Use of this website, the Goods and Services is at your sole risk. This website, the Goods and Services are provided on an “as is”, “as available” basis. Neither Node.Net, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers make any warranty or condition of any kind, whether express or implied, regarding this website, the Goods and Services, and Node.Net specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.

 

Node.Net makes no warranties or conditions regarding the quality, reliability, timeliness or security of this website, the Goods and Services or that each will be uninterrupted, error-free, or that the Goods and Services are compatible with your computer. Node.Net assumes no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Goods and Services, even if you have paid for virus protection services.

 

The access to and downloading of material from this website, or the Goods and Services, is done at your own risk. Node.Net makes reasonable efforts to ensure that this website and the Goods and Services are virus-free, but Node.Net does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this website, the Goods and Services.

 

Limitations of liability

In no event will Node.Net be liable to you for any direct, indirect, consequential, incidental, special compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these Terms, the use of this website, the Goods and Services.

 

Node.Net will not be liable for any actual or alleged infringement by any third party materials available through the website, or the Goods and Services.  In no event will the cumulative liability of Node.Net parties arising out of or related to these Terms exceed the amount paid by you in the one month immediately prior to any claim.  To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

 

The forgoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, claim or liability is based upon breach of contract (including without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.

 

Indemnity

You hereby indemnify Node.Net and undertake to keep Node.Net indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Node.Net to a third party in settlement of a claim or dispute on the advice of Node.Net’s legal advisers) incurred or suffered by Node.Net arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

 

Exceptions

Nothing in this website or the Goods and Services disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website or the Goods and Services disclaimer will exclude or limit the liability of Node.Net in respect of any:

  • death or personal injury caused by the negligence of Node.Net or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of Node.Net; or
  • matter which it would be illegal or unlawful for Node.Net to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

 

Reasonableness

By using this website, the Goods and Services, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.

 

If you do not think they are reasonable, you must not use this website, or the Goods and Services.

 

Intellectual Property

This website, its content, the Goods and Services and all logos, trademarks, patents, trade secrets, images, text, illustrations, designs, icons, video, audio, software, coding, documents and other material on the website and the Goods and Services (collectively “Intellectual Property”), are protected by copyright and trademark law in various jurisdictions, as well as other federal, state or provincial laws and regulations.

 

The Intellectual Property, unless otherwise indicated, is the sole and exclusive property of Node.Net.  Your use of this website, the Goods and Services do not grant you any rights in or title to the Intellectual Property.  Node.Net reserves the rights to pursue legal action and seek appropriate remedies available at law and in equity for any infringement, unauthorized use, misappropriation or copying of its Intellectual Property.  Any rights not expressly granted herein are reserved.

 

Other parties

You accept that, as a limited liability entity, Node.Net has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Node.Net’s officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Node.Net’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Node.Net.

 

Hyperlinks

Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Node.Net has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.

 

Variation

Node.Net may revise these Terms from time-to-time.  Revised Terms will apply to the use of this website, the Goods and Services from the date of the publication of the revised Terms on this website, the Goods and Services. Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

Node.Net may transfer, sub-contract or otherwise deal with Node.Net’s rights and/or obligations under these Terms without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

 

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These Terms, together with Node.Net’s Privacy Policy constitute the entire agreement between you and Node.Net in relation to your use of this website, the Goods and Services, and supersede all previous agreements in respect of your use of this website, and the Goods and Services.

 

Node.Net

You can contact Node.Net by email at admin (at) nodenet (dot) com.

 

This document was last updated November 11, 2016.

 

I accept and agree to be bound by these Terms with respect to the website, the Services and the Product being offered and have read and understand the Privacy Policy.