Terms of Service
NEXT-EM dooel agrees to provide and furnish services to the subscriber, subject to the following Terms of Service (TOS). Use of the hosting service constitutes acceptance and agreement to our Terms of Service (TOS).
All provisions detailed in this contract are subject to the provided Terms of Service (TOS). We reserve the right to make changes to the provided Terms of Service (TOS) as needed, without notice to our clients. Changes made to our TOS does not constitute early contract termination or non-payment.
1. Delivery of Services and Terms
1.1 Delivery of Services
Customer agrees to pay NEXT-EM dooel the fees charged by NEXT-EM dooel for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by Customer on a “one-off” or emergency basis (“Supplemental Services”) where such services are not included within the scope of the Services as described in the Order Form(s). Customer agrees to pay NEXT-EM dooel the fees charged by NEXT-EM dooel for Supplemental Services, and hereby authorizes NEXT-EM dooel to perform such services on its behalf. All supplemental services are provided on an ‘as is’ basis and exclude warranties of any kind, whether express or implied in accordance with NEXT-EM dooel current policies and prices.
1.2 Term
(a )Term Commencement. The term for each Service will commence on the Service Commencement Date.
(b) Renewal Term(s). Upon expiration of the Initial Term, the term shall be extended automatically for a period of thirty (30) days (“Renewal Term”), unless and until either party gives the other no less than thirty (30) days’ written notice of a termination. The termination of any Service will not affect Customer’s obligations to pay for other Service(s). This is not applicable to domain name registration.
2. Fees and Payment Terms
2.1 Fees and Expenses
Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by Customer related to Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with then current NEXT-EM dooel prices and policies.
2.2 Payment Terms
On the Service Commencement Date for each Service, Customer will be billed (the “Initial Bill”) an amount equal to (i) all non-recurring charges indicated in the Order Form(s) and (ii) the monthly recurring charges for the first month of the term prorated for the number of calendar days remaining in such month. Subsequent monthly billing will occur on the first day of each calendar month of the term. Monthly recurring charges for all months will be billed (the “Recurring Bill”) in advance of the provision of Services. If you cancel your subscription your hosting will also be cancelled. All other charges for Services received and expenses incurred for Supplemental or Professional Services during a month (e.g., bandwidth usage fees) will either be billed immediately or at the end of the month in which the Services were provided. Payment for all fees is due upon receipt of each NEXT-EM dooel invoice. All payments will be made in MKD (Macedonian Denars) or in USD or EUR for foreign costumers. Notwithstanding anything to the contrary in this Agreement, NEXT-EM dooel expressly reserves the right to alter, change or amend its billing practices in its sole discretion, including, but not limited to, the date on which such billing will occur and the types of charges that will be included in such bills.
2.3 Suspensions and Termination
Any payment not received within seven (7) days of the invoice date of the Initial Bill, NEXT-EM dooel reserved the right to suspend the account or terminate service without any notice.
2.4 Account Cancellations
Account cancellations must be made at least 30 days in advance via e-mail with all customer details (i.e. billing & account). Any missing information may delay the cancellation of your account. NEXT-EM dooel will not be responsible for additional charges made if missing data is found.
3. Intellectual Property Ownership
This Agreement does not transfer from NEXT-EM dooel to Customer any Hosting Technology, and all right, title and interest in and to NEXT-EM dooel will remain solely with NEXT-EM dooel. This Agreement does not transfer from Customer to NEXT-EM dooel any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. NEXT-EM dooel and Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.
4. Limited Warranties
4.1 Limitation
Each of the guarantees in the Order Form(s) is null and void if Customer fails to follow NEXT-EM dooel TOS and other policies or otherwise breaches the Agreement in any respect.
4.2 No Other Warranty
NEXT-EM dooel does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the services or any information that may be obtained there from at customer’s own risk. The services are provided on an ‘as is’ basis, and customer’s use of the services at its own risk. Except as provided in the order form(s), NEXT-EM dooel does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. NEXT-EM dooel does not warrant that the services will be uninterrupted, error-free or completely secure.
4.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties
NEXT-EM dooel does not and cannot control the flow of information to or from NEXT-EM dooel network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer’s connections to the Internet (or portions thereof). NEXT-EM dooel cannot guarantee that such events will not occur. Accordingly NEXT-EM dooel disclaims any and all liability resulting from or related to such events.
5. Customer Obligations
5.1 Warranties of Customer
(a) General. Customer represents and warrants that (i) Customer is at least eighteen (18) years of age; (ii) Customer possesses the legal right and ability to enter into this Agreement, and (iii) the performance of its obligations and use of the Services (by Customer, its customers and users) will not violate any applicable laws, regulations or the Rules and Regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other NEXT-EM dooel customers’ use of NEXT-EM dooel Hosting services. Customer assumes all risks related to processing of transactions related to electronic commerce.
(b) Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, NEXT-EM dooel will have the right, in its sole discretion, to suspend or terminate immediately any Services.
5.2 Server and system abuse (Only applicable to Shared Hosting, Reseller Hosting accounts)
Customer is prohibited to run any process that requires more than 10 times of other users’ average server resources for 60 minutes or causing the server unstable. Any attempts to undermine or cause harm to a NEXT-EM dooel server, or any customer of NEXT-EM dooel is strictly prohibited. Any sub-networks of NEXT-EM dooel, and all dedicated servers, must adhere to the above policies. Failures to meet, or follow any of the above guidelines, are grounds for account deactivation. We reserve the right to remove any account without prior notice, if we have reason to believe that any of the terms outlined in this Agreement, are violated. Php scripts that would cause this kind of service interruption for example are torrent flux scripts and a script called rapid leech. Also proxy’s can use up resource. These scripts are not allowed on NEXT-EM dooel if they are found the directory will be redirected to a web page where there will be a message informing you on your mistake.
6. Limitations of Liability
IN NO EVENT SHALL NEXT-EM dooel BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE NEXT-EM dooel SITE OR ANY NEXT-EM dooel SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL NEXT-EM dooel ‘S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAT THE CLIENTS ASSOCIATED HOSTING FEE (LESS SET-UP FEES, DOMAIN REGISTRATION, AND OVERAGES).
7. Indemnification
You agree to indemnify, defend, and hold harmless NEXT-EM dooel from any and all liabilities, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action and/or claims caused by or resulting indirectly from your use our services.
8. Termination
8.1 Termination without Cause during Renewal Term
This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than thirty (30) days’ prior written notice of termination. No matter which party terminates the Agreement pursuant to this Section 8.1, any and all payment obligations of Customer under this Agreement for Service(s) provided through the date of termination will immediately become due, and Customer shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such thirty (30) day period. NEXT-EM dooel may terminate the service by providing thirty (30) day notice to customer.
8.2 Termination for Cause
In addition to any other rights it may have under this Agreement or applicable law, NEXT-EM dooel may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) Non-payment of services within 7 days of invoice date, or (ii) Customer’s breach or failure to comply with any other obligation of Customer under this Agreement including, but not limited to, its failure to comply with any of the terms of the TOS or other policies of NEXT-EM dooel. Customer may terminate this Agreement if NEXT-EM dooel breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice of same. If this Agreement is terminated by NEXT-EM dooel under this Section 8.2, all remaining monthly recurring and other charges specified on the applicable Order Form(s) for the balance of the then current term shall immediately become due and payable. In addition to the foregoing, NEXT-EM dooel reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules and Regulations or which NEXT-EM dooel believes in its sole discretion to be illegal or potentially harmful to others or may expose NEXT-EM dooel to harm or liability.
9. Cancellation and Refunds
9.1 Cancellation
NEXT-EM dooel reserves the right to cancel the account at any time.
Customers may cancel at any time. Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. NEXT-EM dooel reserved the right to determine the definition of first-time account.
9.2 Money back Guarantee
We reserve the right to refund a prorated amount or no refund at all. If you are found abusing our staff with abusive emails you will not be refunded any amount.
10. Downtime
Is defined as any NEXT-EM dooel scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.
11. Disclaimer of Warranty
THE SERVICES, THE NEXT-EM dooel SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE NEXT-EM dooel SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. NEXT-EM dooel DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEXT-EM dooel SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. OUR 1-HOUR RESPONSE TIME GUARANTEE ONLY APPLIES IF THE OPERATOR SHOWED UP FOR THEIR SHIFT. IF NO OPERATOR SHOWED UP FOR THEIR SHIFT, THEN THE 1-HOUR RESPONSE TIME GUARANTEE DOES NOT APPLY.
12. Terms of Service Changes
NEXT-EM dooel reserves the right to change the terms set forth to our clients at any time, without any form of notice to our clients, non-clients, or general public. At all times customers are bound to the terms set forth. In no event shall NEXT-EM dooel or its Staffs’ lack of enforcement of these terms constitute a waiver of these terms at any time.
13. Illegal Files/Phishers
Please note that NEXT-EM dooel does not allow illegal files on our servers such as phishers and more. If these files are found by us on our servers they will be deleted and account suspended. If you are from the government please note that we take no responsibility for our clients and their actions.