Etheral Solutions Terms of Service

Etheral Solutions Terms of Service ("Agreement") Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using etheral.host ("the Site") operated by Etheral Solutions ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at etheral.host. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Etheral Solutions without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.

Permission to Host Your Content

Upon receiving your payment for our services we will set up your account. In addition, you will need to provide us an email that is active that we will be able to reach you at all times typically an email address that is not @ the domain(s) you've signed up for, this will be our main form of contact in the event that you may have violate an abuse clause and/or any part of this agreement. If we feel that you have failed to meet this requirement, the order may be considered fraudulent in nature and could be potentially denied.

Acceptable Use/Illegal Activity

Etheral Solutions strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for: I) Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited. II) Hosting of files or other data that infringes on another's copyright or other intellectual property rights. III) Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort. IV) Uploading or linking to any content that violates another's right of publicity or privacy. V) Distributing hate speech, or any other content that is obscene, abusing, this could be considered libelous and defamatory. VI) Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified. VII) Child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is considered to be illegal in United Kingdom is strictly prohibited. VIII) Hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials. IX) Content Delivery Network (CDN) streaming on Etheral Solutions servers or network. X) Any sort of file hosting website, including but not limited to, uCloud, ownCloud, YetiShare, Tequila, Dropbox, etc.

Payment Information

Upon creating an account with Etheral Solutions you agree to make all appropriate payments for the services received, in advance of the time period during duration in which such services are provided. Moreover, unless you notify Etheral Solutions that you would like to cancel all or any of the services rendered, all services will be billed on an ongoing basis. PayPal subscriptions must be cancelled by user and are not our responsibility. In addition, as a client of Etheral Solutions you take full responsibility to make sure that our payment information is always up to date and that all invoices are paid on time. If any invoice is placed into an overdue status it will result potential suspension until the invoice has been paid in full.

Unpaid invoices

We (Etheral Solutions) have full right to suspend your service, when the due invoice has not been paid for 5 days past the due date, and terminate your service when the due invoice has not been paid for 14 days past the due date.

Cancellations

As a customer of Etheral Solutions you are allowed to cancel your account at any time by reaching out to our billing department which can be found in the contact us portion of our privacy policy and/or website. Moreover, Etheral Solutions may terminate your access to the Site, for any reason, including but not limited to, a breach of this Agreement or without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Payments and Refunds

All payments are done via PayPal. Please contact us if you want to do another form of payment. Refunds are only given out if billing finds valid reason, we usually give refunds within the first 36 hours, if you did not request one within that time we will not provide you with a refund. Speak with Billing/Support to claim the refund. Refunds are only applicable to Shared hosting, (Shared Minecraft) Please Know this before ordering it as a "trial" we will not refund you. There are NO refunds for dedicated servers. Over-payments or fund added to accounts are not refundable. By purchasing a service you automatically agree to this Terms of Service.

Links to other sites

Our Site may contain links to third-party sites that are not owned or controlled by Etheral Solutions. Etheral Solutions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Delaware without giving effect to any principles of conflicts of law.

Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately. If you have any questions about this Agreement, please contact us. Email: [email protected]

Arbitration

For any disputes or discrepancies you may have with Etheral Solutions, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the Canadian Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Copyright and trademark notices

All contents of the etheral.host website are Copyright © 2018 RX Group LLC and/or its suppliers, affiliates and partners. All rights reserved. Disclaimer: The images, products, services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied and shall remain under Etheral Solutions possession unless agreed upon by Etheral Solutions and user/client. Etheral Solutions SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Etheral Solutions takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Trademarks

Etheral Solutions and etheral.host is registered trademark of Etheral Solutions. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. No Waiver. No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and Etheral Solutions's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision Notices and procedure for making claims of copyright infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.



This Agreement was last modified on January 16th, 2018.