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Terms of Services

Introduction to Terms of Service

Welcome to NamePo! You agree to our Terms of Service and various policies by using our services. We may update these terms, and By using our services, you are indicating your acceptance of the modifications. You can always find the latest version on our website.

Relationship with Customers

As an independent contractor, NamePo assists with your online business. We are responsible only for the services we directly provide, and you should not hold us liable beyond that.

Our Services

NamePo offers a range of services you agree to when using our website or services. This includes paid, discounted, or free services. Our policies cover all services, but third-party terms may also apply. We may change services and will inform you of any updates.

Service Details

For specifics about our services, visit our knowledge base. If there’s a conflict, these terms of service prevail.

Examples of Services

General Hosting Conditions

Your hosting plan determines bandwidth, which does not roll over or credit. We handle excess use as we see fit, including suspension or extra charges. You will receive a set number of I.P. addresses; more are free. We will notify you of any changes to the I.P.I.P. address.

Usage Restrictions

You agree not to overload our resources, including CPU and bandwidth. We may throttle bandwidth or limit service if you exceed capacity norms.

Specific Hosting Policies

You are responsible for software, security, and backups for unmanaged hosting. Root access changes are your responsibility, and we will attempt to help with issues upon request.

Cloud VPS hosting is billed based on resource use. You will receive a detailed invoice; the first payment credits your account.

Shared and reseller hosting have inode and HTTP connection limits. We recommend managing backups externally.

We may delete outdated customer backups. Shared and reseller hosting definitions of “unlimited” and “unmetered” are based on average customer use. We may remove content that excessively uses resources or is illegal.

Backup Services

Our hosting includes JetBackup, with a 50 G.B. G.B. limit on NamePo cloud backup. Exceeding this means no backups, so download backups regularly.

Email Hosting

Email hosting comes with cPanel and tools to manage accounts and storage. We automatically clear trash and spam after 30 days. Back up emails locally, as we cannot guarantee recovery. Email deliverability is not guaranteed due to external factors.

Merchant Agreement

As a user or reseller, you must follow our terms and policies, especially regarding indemnification and termination. Ignoring these terms or suggesting new ones could lead to account termination. We do not endorse third-party claims about our services unless stated in our official terms.

Data Hosting

Your data is stored on servers that are often shared and inaccessible to you. Third-party use may affect server management, and you cannot alter server operations.

Control Panels

  • cPanel: A third party provides the cPanel services, which demand adherence to the End User Licence Agreement (EULA) available at cPanel’s Legal Store. From January 1, 2021, new cPanel licences may apply to your hosting plan, subject to plan type and account limits.
  • Plesk: Also provided by a third party, using Plesk means agreeing to the EULA at Plesk’s EULA.
  • Jetpack for WordPress: By using Jetpack services, you agree to Automattic Inc.’s terms at WordPress.com T.O.S.
  • Titan: Subscribing to Titan services binds you to their terms and policies, detailed in Titan’s Agreements and Policies.

Excessive use of control panel services compared to other customers may result in access restrictions. You may need to remove unused accounts or licences.

Account Enrollment and Details

  • Enrollment: You must be at least 18 to enter this agreement. We may perform credit checks and fraud screenings.
  • Account Information: Ensure your information is accurate and up-to-date. We are not liable for issues arising from outdated information or third-party email blocks.

Account Protection

You are responsible for all activities on your account, regardless of who performs them. Protect your login credentials; we are not liable for unauthorised access.

Service Terms, Invoicing, and Payments

  • Service Commencement: We will provide services after payment, starting from the effective date until the end of the initial term.
  • Renewal: Services automatically renew for the same term length unless you cancel one day before the renewal term online or contact us 15 days before via email or customer portal.
  • Termination: To cancel your account, you must prove ownership and authority to cancel.

Termination for Convenience

  • Notice: You can cancel the service with 15 days of written notice.
  • Financial Responsibility: Even if you cancel, you’ll still have to pay for the whole active period.
  • Cancellation Process: Use the online form at my.NamePo.com to cancel.
  • Refund Policy: Refer to the Refund and Billing Policy on the website for details on the money-back guarantee.

Poor Service Cancellation

  • Escalation Request: Before cancellation due to poor service, it is recommended (but not required) to contact NamePo to escalate the issue.
  • Associated Costs: Inquire about any costs related to terminating a fixed-duration agreement before cancellation.

Termination by NamePo

  • Breach of Terms: NamePo can suspend or terminate your service without notice if you violate the Terms of Service or Policies.
  • Outstanding Payments: Actions may be taken for overdue payments or to protect NamePo’s network and customer data security.
  • Post-Termination: NamePo is not responsible for forwarding emails or maintaining backups after account closure. There are no refunds for terminations due to violations.

Violation by NamePo

  • Remedy Period: If NamePo breaches the terms significantly, they have 30 days to remedy the issue after written notice.
  • Cancellation Right: You can cancel the services if NamePo fails to fix the breach within 30 days.

Access After Cancellation

  • Backup Access Fee: A one-time fee of $75 or more for accessing data from a terminated account’s backup.
  • Data Deletion: Data from non-renewed or cancelled accounts will be deleted and likely cannot be recovered.

Payment, Refunds, and Forwarding

  • Billing and Refunds: For information on billing, refunds, and payment procedures, refer to the Refund & Billing Policy.
  • Money-Back Guarantee: The policy may allow partial or full refunds if you discontinue the service.

Service Utilisations

  • No Warranty: NamePo does not guarantee uninterrupted service, network availability, or error-free data transmission.

User Reviews

  • Use of Endorsements: NamePo may use your endorsements for promotional purposes and edit them for length or clarity.
  • Publication Rights: By providing an endorsement, you allow NamePo to publish your details.
  • Withdrawal of Endorsement: You can request the discontinuation of your endorsement’s use at any time.

Secure Data Retention

  • Risk Acknowledgment: You bear all risks for data loss or damage due to various factors, including authorised actions, your actions, hardware or software failures, or account termination.

Rights to Use; Ownership of Data; Intellectual Property

  • Licence: Use of NamePo’s technology and services is offered to you on an as-is, global, non-exclusive, non-transferable, and royalty-free basis.
  • Ownership: NamePo retains ownership of its intellectual property and services.
  • Restrictions: You are prohibited from circumventing protection devices, disassembling, or reverse-engineering the services or technology.

Data Use and Privacy

  • Data Collection: NamePo uses data per its privacy policy, and you grant a royalty-free licence to use content and information provided by you and end users.
  • Privacy Policy: Details on data sharing and sensitive information handling are available on NamePo’s website.

Service Guarantee

  • Industry Standard: NamePo commits to providing services in line with industry standards.
  • Warranty Claim: Claims must be made within 30 days with reasonable details.
  • Remedy: If services do not meet the warranty, NamePo may redo the services or issue a pro-rated credit.

User Obligations

  • Collaboration: You must provide accurate contact and payment information and ensure technical competence for using the services.
  • Responsibility: You are responsible for contacting NamePo and ensuring your technical capability.
  • Legal Authority: By signing this policy, you attest that you are here legally representing a company and that neither you nor your company are subject to any penalties imposed by the United States.

Warranties and Disclaimers

  • As-Is Services: Services are provided without warranties, including non-infringement and fitness for a particular purpose.
  • No Additional Warranties: Advice from NamePo does not create or expand warranties.
  • Data Responsibility: You are responsible for your data; NamePo disclaims liability for data loss or breaches due to outdated web applications.

Limitation of Liability

  • Content Responsibility: You are responsible for verifying content downloaded from the internet.
  • Exclusion of Damages: NamePo is not liable for any data loss or indirect, special, exemplary, consequential, incidental, or punitive damages.
  • Liability Cap: NamePo’s maximum liability coverage is only equal to the total of all payments you made during the three months prior to the event that gave rise to liability.
  • Maintenance and Force Majeure: NamePo is not accountable for service outages due to maintenance, force majeure events, or policy breaches.

Insurance Protection

  • Indemnification: You must indemnify NamePo against claims arising from using the services or breaches of the Terms of Service or NamePo’s policies.
  • Continuation: This indemnification obligation persists even after the termination of the T.O.S. or services.

Intellectual Property Claims

  • Defence and Settlement: NamePo will defend against intellectual property infringement claims at its own expense and may choose to settle.
  • Exclusions: This defence does not extend to third-party services or goods.
  • Cooperation Required: You must notify NamePo promptly and cooperate fully in the defence and settlement process.
  • Remedies: NamePo may obtain rights, replace or modify the service, or terminate and refund the service if infringement is established or anticipated.

Updates and Contact Information

  • Notices: Communications will be sent to the email address on your account, and you are responsible for keeping your contact information current.
  • Contact Details: NamePo can be reached for concerns via their website or at their physical address in Germantown, MD, U.S.A.

Code of Ethics and Compliance

  • Export Regulations: You must comply with U.S. export laws and familiarise yourself with the regulations.
  • Legal Compliance: NamePo may comply with legal requests without obligation to notify you and may be charged for responding to civil demands.

Force Majeure

  • No Liability: Neither party is responsible for delays or failures due to events beyond their control.
  • Notification: The affected party must notify the other within ten days of the event causing the delay.

Legal Matters

  • Governing Law: Germantown, United States of America laws, excluding conflict of law principles, govern the T.O.S. and policies.
  • Jurisdiction: Legal matters fall under the jurisdiction of the Circuit Court of Washtenaw County, Germantown, or the Eastern District Court.

Miscellaneous Provisions

  • Claims Handling: NamePo’s policies dictate the handling of claims, and inappropriate claims may be rejected with legal costs recoverable.
  • Waiver: No past or future waivers imply the waiver of any rights.
  • Assignment: NamePo may assign the T.O.S., but you may not.
  • Severability: Invalid provisions will be amended to reflect NamePo’s intent, while the rest of the T.O.S. remains enforceable.
  • Survival: Certain sections will remain in effect after the termination of the T.O.S.
  • Interpretation: Terms like “including” are not limiting and are for illustrative purposes.
  • Time Limit for Claims: Legal actions must be initiated within one year of the service delivery that gives rise to the action.

 

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