Terms of Service

Your use of the Services is also governed by the following policies, which are incorporated by reference into this Agreement: - Privacy Policy - Cookie Policy - Acceptable Use Policy - Anti-Spam Policy - Copyright Infringement Policy - Payment Policy In the event of a conflict between these Terms and any incorporated policy, these Terms shall control unless the policy explicitly states otherwise.

2.1 Age Requirement You must be at least eighteen (18) years of age to use our Services. By creating an account or using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this Agreement. 2.2 Account Information You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or incomplete. 2.3 Identity Verification To prevent fraud and ensure the security of our Services, we may require identity verification before activating your account or processing your order. This verification may include: - Submission of a government-issued photo ID (passport, national ID card, or driver's license) - A selfie photograph of you holding your ID document - Proof of address or other documentation as reasonably requested By placing an order, you agree to provide requested verification documents within 48 hours. Failure to complete verification may result in order cancellation and refund (minus any applicable fees). We handle all identity documents in accordance with our Privacy Policy. 2.4 Account Security You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at support@nakibvps.com if you suspect any unauthorized access to or use of your account. You are solely responsible for all activities that occur under your account, whether or not authorized by you. 2.5 Multiple Accounts Customers are prohibited from maintaining multiple accounts to circumvent fees, usage limits, promotional restrictions, or any other policy. Violations may result in account consolidation or termination at our sole discretion.

3.1 Permitted Use Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. 3.2 Prohibited Activities You may not use our Services for any illegal or unauthorized purpose. Without limiting our Acceptable Use Policy, you agree not to: - Violate any applicable local, state, national, or international law or regulation - Distribute malware, viruses, or engage in phishing activities - Send spam or unsolicited messages - Host or distribute obscene, defamatory, or offensive content - Engage in cryptocurrency mining or related activities - Operate gambling or casino websites - Interfere with or disrupt the Services or connected networks - Attempt to gain unauthorized access to any systems or data 3.3 Resource Usage Shared hosting accounts are intended for hosting active websites only. Using shared hosting accounts primarily for storage, backup, or archival purposes is prohibited. You may not use your /home/ directory to store backups beyond one cPanel backup. Excessive resource usage (CPU, memory, storage, bandwidth, or inodes) may result in suspension or termination of your account. 3.4 Fair Use Policy To ensure optimal performance for all customers, we operate a Fair Use Policy. If your resource usage significantly exceeds the average usage of other customers on similar plans, we may contact you to discuss upgrading to a more appropriate plan or impose reasonable restrictions on your account.

We offer complimentary migration services for websites transferring to NakibVPS. Migrations are provided as a courtesy, and we do not guarantee the availability, completion timeframe, or complete integrity of transferred data. You are solely responsible for reviewing and verifying all transferred content. We recommend maintaining backups of your original data until you have verified the successful migration.

5.1 Ownership You retain all ownership rights to the content you upload, post, or transmit through our Services ("User Content"). NakibVPS does not claim ownership of your User Content. 5.2 License Grant By using our Services, you grant NakibVPS a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display your User Content solely as necessary to provide the Services to you. This license terminates when you delete your User Content or close your account, except for content shared with others that they have not deleted. 5.3 Responsibility You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to use and authorize us to use your User Content as described herein.

All content provided by NakibVPS, including but not limited to text, graphics, logos, icons, images, audio, video, software, and documentation ("NakibVPS Content"), is the property of NakibVPS or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, or create derivative works of any NakibVPS Content without our express written permission.

Our Services may include access to or integration with third-party products, services, or websites. NakibVPS is not responsible for the availability, quality, performance, reliability, or security of any third-party products or services. Your use of third-party products or services is at your own risk and subject to the terms and conditions of the respective third parties. We encourage you to review the terms and privacy policies of any third-party services you access through our platform.

8.1 Payment Terms You agree to pay all fees associated with the Services you select. All fees are due in advance of the service period and are non-refundable except as expressly stated in this Agreement. You are responsible for any applicable taxes, duties, or fees imposed by governmental authorities. 8.2 Accepted Payment Methods We accept the following payment methods: - Credit/Debit Cards (Visa, MasterCard, American Express) - PayPal - Cryptocurrency (Bitcoin, Ethereum, and other supported currencies) 8.3 Automatic Renewal Unless you notify us of your desire to cancel before the end of your current billing period, your Services will automatically renew for successive periods of equal length. You authorize us to charge your payment method on file for the applicable renewal fees until you cancel. 8.4 Late Payments Invoices must be paid within seven (7) days of the due date. Failure to pay may result in service suspension or termination. Invoices delinquent past twenty-one (21) days are subject to account termination, and all associated data, including backups, will be permanently deleted. 8.5 Fraud Prevention We reserve the right to suspend or terminate accounts and decline transactions if we suspect fraudulent activity. To protect against fraud, we may: - Request identity verification documents (government ID and selfie) before processing orders - Verify payment method ownership - Delay order processing pending verification - Cancel orders that fail verification - Report suspected fraud to appropriate authorities and cooperate with law enforcement investigations Orders flagged for fraud review must complete verification within 48 hours or may be automatically cancelled. 8.6 Invoice Disputes If you believe there is an error on your invoice, you must contact us within ninety (90) days of the invoice date to dispute the charge. Failure to dispute within this period constitutes acceptance of the charges.

9.1 Money-Back Guarantee NakibVPS offers the following money-back guarantees for new customers: - Managed WordPress Hosting: Thirty (30) day money-back guarantee - VPS Hosting: Three (3) day money-back guarantee - Dedicated Cloud Hosting: Three (3) day money-back guarantee To request a refund, you must submit a written request through our client portal within the applicable guarantee period. Refunds are processed within seven (7) business days. 9.2 Refund Exclusions The following are not eligible for refunds: - Setup fees (WordPress Hosting: $0.00; VPS Hosting: $29.95; Dedicated Cloud: $34.95) - Additional services (LiteSpeed licenses, SSL certificates, domain registrations, etc.) - Administrative fees - Accounts terminated for Terms of Service or policy violations - Requests made after the applicable guarantee period 9.3 Cancellation Process To cancel your Services, you must submit a cancellation request through our client portal. Cancellations take effect at the end of the current billing period. We do not provide pro-rated refunds for unused portions of a billing period. Refund requests must be submitted separately from cancellation requests.

10.1 Uptime Guarantee NakibVPS guarantees 99.9% network uptime for our hosting Services, measured on a monthly basis. If we fail to meet this guarantee, you may be eligible for a service credit as described below. 10.2 Service Credits Service credits are calculated as follows: - 99.0% – 99.9% uptime: 10% credit of monthly fee - 95.0% – 98.9% uptime: 25% credit of monthly fee - Below 95.0% uptime: 50% credit of monthly fee To claim a service credit, you must submit a request within thirty (30) days of the downtime event. Credits are applied to future invoices and are not redeemable for cash. 10.3 Exclusions The uptime guarantee does not apply to: - Scheduled maintenance (with at least 24 hours advance notice when possible) - Emergency maintenance required for security or stability - Outages caused by customer actions or inactions - Outages caused by third-party services or software - Force majeure events (see Section 17) - DDoS attacks or other malicious activities - DNS propagation or issues outside our network

11.1 Termination by You You may terminate your account at any time by submitting a cancellation request through our client portal. Termination takes effect at the end of your current billing period. 11.2 Termination by NakibVPS We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to: - Breach of these Terms or any incorporated policy - Conduct that we believe is harmful to other users, us, or third parties - Non-payment of fees - Suspected fraudulent, abusive, or illegal activity - Upon request by law enforcement or government agencies 11.3 Effects of Termination Upon termination, your right to use the Services ceases immediately. All data associated with your account, including backups, will be permanently deleted within thirty (30) days of termination. WE ARE NOT RESPONSIBLE FOR ANY DATA LOSS RESULTING FROM TERMINATION. It is your responsibility to export any data you wish to retain before termination. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

NakibVPS reserves the right to modify the prices of our Services at any time. We will provide you with at least thirty (30) days' advance notice of any price increase via email to your registered email address. Price changes are effective immediately for new orders. For existing customers, the new prices will apply upon your next renewal. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

From time to time, NakibVPS may offer promotional discounts or coupons. All promotional offers are subject to the specific terms and conditions disclosed at the time of the offer. Promotional offers are non-transferable, cannot be combined with other offers unless explicitly stated, and have no cash value. We reserve the right to modify or discontinue any promotional offer at any time without notice.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NAKIBVPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAKIBVPS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR: 1. Any indirect, incidental, special, consequential, or punitive damages 2. Any loss of profits, revenue, data, use, goodwill, or other intangible losses 3. Any unauthorized access to or alteration of your data or transmissions 4. Any interruption or cessation of the Services 5. Any bugs, viruses, or other harmful code transmitted through the Services 6. Any errors or omissions in any content IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify, defend, and hold harmless NakibVPS, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or any applicable law or regulation; (d) your violation of any rights of a third party; or (e) any dispute between you and a third party.

NakibVPS shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, power outages, telecommunications failures, internet service provider failures, or cyberattacks. In the event of a force majeure, we will use reasonable efforts to resume performance as soon as practicable.

18.1 Informal Resolution Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@nakibvps.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days. 18.2 Binding Arbitration If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Sheridan, Wyoming, United States, before a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs of arbitration, and the parties shall share equally the fees of the arbitrator and the AAA. 18.3 Class Action Waiver YOU AND NAKIBVPS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than arbitration, both parties waive any right to a jury trial. 18.4 Exceptions Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights pending arbitration.

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. Subject to the arbitration provisions above, any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to the personal jurisdiction of such courts.

NakibVPS complies with U.S. export control laws and economic sanctions regulations. By using our Services, you represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) you are not identified on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List or Entity List, or any other applicable restricted party list; and (c) you will not use the Services in violation of any applicable export control or sanctions laws.

21.1 Data Ownership You retain full ownership of all data you store on our Services. NakibVPS does not claim any ownership interest in your data. 21.2 Backups While NakibVPS performs regular backups as part of our service offering, you are solely responsible for maintaining independent backups of your data. We do not guarantee the availability, completeness, or integrity of any backups. You should maintain your own backup copies of all important data. 21.3 Data Security We implement reasonable security measures to protect your data, including encryption, firewalls, and access controls. However, no method of transmission over the internet or electronic storage is completely secure. You acknowledge and accept the inherent security risks of transmitting data online.

We reserve the right to modify these Terms at any time at our sole discretion. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For material changes that negatively affect your rights, we will provide at least thirty (30) days' advance notice via email. Your continued use of the Services after any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

23.1 Entire Agreement These Terms, together with the incorporated policies, constitute the entire agreement between you and NakibVPS regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties. 23.2 Severability If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. 23.3 Waiver No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 23.4 Assignment You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms bind and inure to the benefit of the parties and their respective successors and assigns. 23.5 Notices We may provide notices to you via email to the address associated with your account, through the client portal, or by posting on our website. You are responsible for keeping your contact information current. Notices to us must be sent to legal@nakibvps.com. 23.6 Relationship of Parties Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and NakibVPS. Neither party has authority to bind the other or incur obligations on the other's behalf.

If you have any questions about these Terms, please contact us: NakibVPS, LLC 30 N Gould St Ste N Sheridan, WY 82801 United States General Inquiries: contact@nakibvps.com Legal Matters: legal@nakibvps.com Billing Inquiries: billing@nakibvps.com Website: https://nakibvps.com