Terms of Service

Our agreement with you for using our services.

Terms of Service - Last Modified 01/05/2018

Encrypted Laser Limited will be referred to within this document as ('Encrypted Laser') and ('PrimeNodes').

The Client will be referred to within this document as ('Customer'), ('Client'), ('You'), (`Your') and ('User').

Your use of any website, network or services owned or operated by PrimeNodes signifies Your acceptance and compliance with these Terms of Service. PrimeNodes reserves the right to make changes to this site and these terms of service at any time; it will be made clear when changes have been made to this agreement with all changes taking effect immediately. It is Your responsibility to keep up to date with the Terms of Service. PrimeNodes reserves the right to amend, alter, modify, replace or suspend, from time to time, in its sole discretion, all or any portion of these Terms of Service, the SLA and its Privacy Policy. You warrant that You have read, understood and accepted the terms of this agreement before continuing use of services offered. PrimeNodes are not to be held at fault if You fail to read or comprehend the following contract made between You and Encrypted Laser. This agreement applies to the use of the website and any service or server provided. You must comply with these terms when accessing our services via a computer, laptop, mobile device, tablet, watch or any other electrical device. You consent to resolve any dispute that You may have with Encrypted Laser Limited, our suppliers or the services offered, in Cornwall, United Kingdom.

Under Regulation 10 of The Consumer Protection Regulations (2000), You have the right to cancel this agreement within seven (7) working days after purchase. You agree that the service could be assigned to their account before the end of the cancellation window and that You will then You are Your rights to terminate this agreement from the date & time You are provided with the login credentials for their purchased service.

You warrant and accept that proof of identity may be required proving that they are at least sixteen (16) years old. If You are between the ages of sixteen (16) and seventeen (17), You must have appropriate permission from a parent or legal guardian to use services provided by PrimeNodes in the form of valid photo ID and a signature.

1.0 TOS Updates

1.1 The Terms of Service operated by PrimeNodes is subject to change at any time without notice at the sole discretion of Encrypted Laser. A change in policy shall not be grounds for early contract termination or non-payment for service renewal. You recognise that the nature of the service supplied, and the initial rates and charges have been communicated to You. You are aware that from time to time rates may change based on the availability of hardware, overall market conditions or other factors.

1.2 Should You wish to terminate this agreement due to any revisions made by PrimeNodes; You must do so in writing via the cancellation form within thirty (30) days of the "last modified" date described above. Your continued use of the services after the effective date of any such notice constitutes acceptance of such changes.

2.0 Encrypted Laser Limited Responsibilities

2.1 PrimeNodes agrees to furnish services, which are paid for in advance, subject to complete compliance with these Terms of Service. PrimeNodes reserves the right to refuse Services to any potential client and/or to deny renewal of Services to an existing client, at the sole discretion of PrimeNodes.

2.2 To the fullest extent allowed by law, Encrypted Laser provides all services "as is" and "as available" basis, without any form of warranty, whether expressed or implied and disclaims all implied or expressed warranties. No verbal or written information given by a representative of PrimeNodes will be regarded as a warranty.

2.3 PrimeNodes provide the services 'as is', with all errors and as available. To the extent permitted by law, PrimeNodes and our suppliers deny implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a purpose or need, or non-infringing. PrimeNodes does not guarantee that You will be able to access or use the servers provided by PrimeNodes (either directly or through third-party networks) at any times or locations of Your choosing. Your sole and exclusive solution for any dispute with PrimeNodes or our suppliers is the revocation of Your account. PrimeNodes, our affiliates, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary losses arising from Your use of or inability to use the services provided. These exclusions apply to any claims for lost profits, data loss, loss of goodwill, computer breakdown or malfunction, or any other business damages or losses, even if PrimeNodes knew or should have known of the possibility of such damages.

2.4 You agree to defend, indemnify, and hold Encrypted Laser and its Affiliates harmless from and against all claims and liabilities, including reasonable attorneys' and experts' fees, related to or originating from any breach of This Agreement. Your use of the services provided by PrimeNodes; any defamatory, libellous or illegal material contained within the content or information and data; any claim or contention that content or information and data infringes any third party's patent, copyright or other intellectual property rights or violations to any third party's rights of privacy or publicity; any third parties access or use of The Clients content or information and data. In the event of a claim under this section, PrimeNodes shall be permitted to select legal counsel to provide a defence to such prerogative. PrimeNodes reserves the right, at its own expense, to participate in the protection of any matter otherwise subject to indemnification by You but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of PrimeNodes, which shall not be unreasonably withheld. PrimeNodes reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by You, in which event You will cooperate with PrimeNodes in asserting any available defences.

2.5 Encrypted Laser will use best effort time to configure and provision all services. Services will be provisioned for the customer in up to ninety-six (96) hours to provision the service after the order has been accepted, the identity of the account holder has been verified (if applicable) and the transaction has been deemed non-fraudulent.

2.6 PrimeNodes is not to be held liable for backing up The Client's information or service data. If data loss occurs, The Customer will be entirely responsible for their data. No refunds will be issued if a loss of information does occur. The Customer agrees that failure to pay for their service, or breakage of the Terms and Conditions will result in a permanent closure, resulting in their data being wiped from the system causing full data-loss.

3.0 Payments, Invoicing & Chargebacks

3.1 Invoices that are overdue for one (1) day will trigger the related service(s) being suspended and inaccessible to the client. Data stored on a client's services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Encrypted Laser Limited. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. PrimeNodes is not responsible for data integrity, regardless of circumstance.

3.2 No services rendered by PrimeNodes are eligible for a refund. Prepayments and account credit are ineligible to be refunded or transferred to alternate accounts. Any and all charge disputes must be reported directly to PrimeNodes within thirty (30) days of the date which the charge initially occurred. If a transaction which is deemed valid by PrimeNodes, and validated by our Terms of Service, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' of £200 (GBP), or equivalent, in addition to the original amount of funds which were reclaimed.

3.3 If The User signs up for a cyclic service, PrimeNodes will automatically bill for that service. Encrypted Laser Limited will not issue a refund under any circumstance for subsequent payments after the original purchase. Payments are attempted to be captured 48 hours before the due date to prevent unexpected service suspension, with subsequent attempts being processed daily if payment is declined, for up to 7 days after the due date. Domains can be automatically charged up to 31 days before the due date of the domain to ensure renewal success.

3.4 You agree to that you may be required to submit to identity verification measures, designed for both the security of the client as well as the security of PrimeNodes. The identity verification measures may include the email of two forms of government-issued identification, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In some circumstances, additional identity verification may be required in addition to the previously listed forms.

3.5 If the listed price for a service is reduced due to an active promotion or high stock, existing services cannot be reduced in price or ammended to match the promotion pricing amount. You cannot order a new service with the new price to replace an existing or similar specification server, and Encrypted Laser Limited reserves the right to suspend, terminate or place a charge on the Clients account of the different in the event that you have attempted to do so. If a new service is ordered, you cannot cancel any existing services within 60 days. Doing so will deem the order to be replacing an existing server.

4.0 Cancellations & Early Termination of Contract

4.1 PrimeNodes require a seven (7) day notice of cancellation before the billing renewal date for the upcoming billing cycle. Cancellation requests must be created using the designated section of the PrimeNodes Client Portal (https://account.primenodes.com). Cancellation requests through a ticket, Discord or external communication sources is not a valid method of cancellation. All client data will be destroyed immediately after the cancellation date. In the case of a one-year payment contract or more extended, The Customer must provide a Cancellation Notice at least thirty (30) days before the expiration of the Initial Term or the then-current Renewal Term. Failure to do so will result in The Client being automatically recharged for their service renewal.

4.2 If the notice of cancellation is not provided within seven (7) days, the server will still be cancelled however a termination fee of £50 (GBP), or equivalent, will be applied to the account and must be paid within fifteen (15) days to avoid full account suspension.

4.3 The User is aware that cancelling a service or downgrading it does not entitle them to a refund under any condition or constitute a waiver of this contract. A seven (7) day notice before the upcoming billing date is also required for any downgrades.

4.4 Under Regulation 10 of The Consumer Protection (Distance Selling) Regulations 2000, The Client may have the right to cancel this Agreement for seven working days from the day this Agreement has been concluded. It is agreed between PrimeNodes and The Client that access to a service may commence before the end of that cancellation period, and then The Client will lose the right to cancel from the date that PrimeNodes provides The Client with the access details of the Service(s).

4.5 Under Directive 1999/44/EC of the European Parliament and the Council of 25 May 1999 Clients located within the European Union have the right to cancel this Agreement for fourteen (14) working days from the day after this Agreement has been concluded. It is agreed between PrimeNodes and The Client that access to a service may commence before the end of that cancellation period, and then The Client will lose the right to cancel from the date that PrimeNodes provides The Client with the access details of the Service(s).

4.6 If You have signed a longer-term contract to reduce pricing for a VPS server - PrimeNodes requires a seven (7) day notice of a request to perform an early termination of the contract before the billing renewal date for the upcoming billing cycle, submitted via support ticket to the Administration department. There will be an early termination fee to be determined by management to cancel the contract early. Dedicated Servers & Colocation are exempt from this policy, and there is no option for early contract termination.

5.0 Fraud

5.1 Encrypted Laser does not guarantee that there will not be any errors with the payment when The User attempts to purchase a server. If an error occurs during the process, The User is expected to contact PrimeNodes immediately through support ticket assigned to the Administration department.

5.2 In the event fraud is discovered, the fraudulent account and all related accounts, are subject to immediate suspension or termination at the sole discretion of PrimeNodes. All information available to PrimeNodes, including IP address history, user information, service information and service network logs be submitted to local authorities, ActionFraud as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United Kingdom, or abroad.

6.0 Support & Communication

6.1 PrimeNodes provide hardware support related to each direct client's service functioning and do not offer software support of any kind, including any support/troubleshooting for the software items chosen from the order form. PrimeNodes only ensures the correct default installation of any software item selected from the order form, and in no way assumes liability for the configuration of any of the installed software.

6.2 Encrypted Laser is not responsible for any downtime associated with the incorrect configuration of operating system kernels, network configurations or any software, whether installed by PrimeNodes or the client. Advanced software support (including kernel configuration) may be offered for an additional fee determined by PrimeNodes. Installation of an unsupported OS is subject to the prior approval of PrimeNodes and to a £50 (GBP), or equivalent, fee.

6.3 PrimeNodes does not provide any type of support to the clients of our clients (third-party clients) unless the service type is a reseller package which will be specified in the product name.

6.4 Discord support is provided for light service related issues and is provided by customer service members and community members. Response times will be slower via this platform, and The Customer agrees to not request assistance for advanced technical support problems through this platform or share any personal or company related information in any channel.

6..5 PrimeNodes provides sales and billing support through a LiveChat system visible on the main site (https://www.primenodes.com). The Customer agrees not to use this chat for requesting technical assistance with a product or service.

6.6 If The User 'spams' the LiveChat system, with content including, but not limited to, irrelevant text or gibberish, The Client may be banned from the LiveChat system, restricting their access to only ticket and Discord support where applicable. If The Customer is ever rude or threatening to a member of staff via the LiveChat, Ticket system or Discord Server, that employee reserves the right to forward communication logs to the Administration Team pending a review and at its sole discretion, Encrypted Laser can issue a suspension or termination in such event. If an account closure, suspension or termination is issued, a refund will not be provided.

7.0 Acceptable Use - Abuse, Spam, Bulk Email Policy & DMCA

7.1 Professional Web Hosting is intended for the use of website content only such as HTML, PHP, CSS and JS files; any additional content must be linked on a public facing web page. Web Hosting is not meant to be used for file/data storage. PrimeNodes reserves the right to determine any improper or inappropriate use of any content which may result in immediate account suspension or fixed fee to cover additional resource space. The decision shall rest solely with PrimeNodes at is discretion. Downloadable files and media must follow the following limitations:

  • No more than five (5) GB of a web hosting service can be allocated to music, video or other media files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files.

  • No more than five (5) GB of a web hosting service may be designated to any file and disk image files containing the contents or structure of a data storage device.

  • No more than five (5) GB of a web hosting service may be allotted to Executable files or any other file which are the result of compiling a program.

  • No more than five (5) GB of a web hosting service may be assigned to compressed files.

7.2 Any attempt to exploit any service in any way is grounds for immediate termination of an account and its services.

7.3 The User will not host any material which is abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International law. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If any unacceptable material is found on a site, linked to by a site or hosted on any service provided by PrimeNodes, The Client will have an account limitation issued, which The Customer will need to resolve within twenty-four (24) hours with a member of staff assigned to the report. Examples of the unacceptable material include, but are not limited to:

  • Fraudulent activities of any description
  • Copyrighted material without explicit approval
  • Exploits
  • Proxy scripts, or services used for malicious intentions
  • Racist, hateful, or harassing content
  • Hacking related information or services
  • SPAM of any kind
  • Digital currency mining
  • File sharing/File download proxies
  • Pharmacy or pharmacy-like services
  • Stolen content
  • Betting/Gambling sites

7.4 PrimeNodes considers particular content to be prohibited under any circumstance. If the content is found on a site, linked to by a site or hosted on a server, the service will be suspended immediately. If any unacceptable material is found on a site, linked to by a site or hosted on any service provided by PrimeNodes, The Client will have an account limitation issued, which The Customer will need to resolve within twenty-four (24) hours with a member of staff assigned to the report. Failure to resolve the account limitation fully within twenty-four (24) hours will lead to a service termination without refund. Examples of the prohibited material include, but not limited to:

  • Software licenses, license generation software, software "cracks" or stolen media
  • Computer viruses/malicious software of any kind
  • Network/Computer scanning or attack software

7.5 PrimeNodes are not to be held responsible for any downtime caused by a DoS or DDoS attack. PrimeNodes will offer a best effort attempt to stop all incoming DDoS or DoS attacks by utilising datacentre provided DDoS protection hardware, however, will not stand in the way of attacks if the service is provoking attacks which will lead to an IP null route. If a service is found to be performing DDoS or malicious attacks on other online users, The Customer's service will lead to an abuse report and account limitation. Incoming and Outgoing DoS and DDoS attacks are taken seriously, with any information collected within the offence being forward to the National Cyber Crime Unit for further investigation of any attack. Customers participating in outgoing DDoS or amplification attacks will have their service traffic reviewed, with a limitation being placed on the account to attempt to verify if illegal behaviour is taking place or if the node in question is compromised. On occasions, a member of staff at Encrypted Laser may contact The Customer for additional information about the attack if it is incoming. The Client agrees that all information can be included in the investigatory report submitted to the NCCU.

7.6 PrimeNodes reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. If PrimeNodes receives a report or otherwise becomes aware of abuse-related activities active on a server on our network, PrimeNodes will identify the server the abuse is relating to. After identification is completed, an account limitation will be issued to the user who rents the server or IP range, with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.

7.7 An account limitation serves as notification that our abuse department has received reports of abuse originating from the server. PrimeNodes require a response from the client to ALL account limitations within forty-eight (48) hours of the ticket being opened. If a response is not received within forty-eight (48) hours, a suspension will be placed on the service, abusive port or IP range assigned to the server. If a response has not been received to an account limitation within seven (7) days of being opened, the service is eligible for termination or may be completely disabled until PrimeNodes receive a response.

7.8 PrimeNodes reserve the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been placed on a blacklisted as a result of undue abuse reports, PrimeNodes reserves the right to issue a fine of £200 (GBP) or equivalent, to the client and immediately terminate the service the IP range is assigned to.

7.9 PrimeNodes handle all Digital Millennium Copyright Act (DMCA) complaints very seriously and will thoroughly examine each accusation received. An account limitation will be created on receipt of a complaint. If a response is not received after twenty-four (24) hours, the service in question will be suspended. After seven (7) days of being suspended and the issue having not been resolved, the services in question will be terminated with an Abuse Charge of £200 (GBP) or equivalent, will be placed on the account. Users who violate this policy and fail to resolve the situation within twenty-four (24) hours agree that in addition to these administrative penalties, they will pay Research Fees' not to exceed £50 GBP, or equivalent, per hour that PrimeNodes personnel must spend to investigate the matter, to be charged only if claims are found to be valid.

8.0 Bandwidth Usage & Overages

8.1 On limited bandwidth services, the Client agrees to pay any and all overage bandwidth charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of £0.05 (five pence) over the allotted bandwidth on the service. PrimeNodes reserves the right to suspend any account which does not pay overage bandwidth charges within fifteen (15) days.

8.2 PrimeNodes is not responsible for spikes in bandwidth that are caused by a client's service for any reason. Client assumes liability for all bandwidth to and from their services.

9.0 Electronic Notifications

9.1 Your affirmative act of using the Services constitutes Your electronic signature to these Terms of Service and Your approval to enter into agreements with PrimeNodes electronically. You also agree that PrimeNodes may send to You in digital form any privacy or other notices, disclosures, reports, records, communications or other records regarding the Services. PrimeNodes can send You electronic Notices to the e-mail address that You provided to PrimeNodes during the initial signup. The delivery of any Notice from PrimeNodes is effective when communicated by PrimeNodes, regardless of whether You read the Notice when You receive it or whether You are provided with the service details. You can revoke Your consent to receive Notices electronically by cancelling or discontinuing Your use of the applicable Services. All contracts performed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed agreement.

10.0 Entire Agreement

10.1 This contract, policies, rules and guidelines posted on our website constitute the entire contract between You and PrimeNodes and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a method consistent with applicable law to reflect, as tightly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

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