© AyuCLoud-Services, Inc. 2020. All rights reserved.
The use of services provided by https://nerwo.co (hereafter referred to as 'Nerwo') is subject to the following Terms and Conditions.
Last revisioned: 2022-06-11
The operative parties referred to in this Agreement are
defined as follows:
are the publisher and operator of nerwo.co (the 'Site') whereby Nerwo makes certain web hosting services (the 'Services') available. For purposes of this Agreement, when 'Site' or 'Services' are referenced, such reference includes all hardware, software, and network resources necessary to provide said Site and/or Service.
When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to commercial entities of Nerwo. Additionally, when the terms 'the Site' or 'Site' are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
You, the ClientAs Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as 'Your,' 'Yours,' etc.
Please read the following hosting services terms and conditions. By subscribing to Nerwo services, you agree to be bound by all the terms and conditions of this agreement (the 'agreement'). If you agree with the terms and conditions of this agreement, click 'i accept,' (or similar syntax) or check the appropriate box manifesting your intent to be bound by these terms and conditions and continue with the account set-up process. You should print-out or otherwise save a copy of this agreement for future reference. If you do not agree with all of the terms and conditions of this agreement, click the 'back' button on your browser and do not subscribe to Nerwo services. Nerwo agrees to provide services to you only if you agree to be bound by all of the terms and conditions contained herein. Your electronic acceptance of this agreement is permitted by the electronic signatures in global and national commerce act (e-sign act) and similar federal and state laws. Any use of Nerwo services shall constitute an act of acceptance of the current hosting services terms and conditions.
Although this Agreement represents the primary terms and
conditions of service for Nerwo Services, additional
guidelines and rules are hereby incorporated by reference.
The documents which can be found on Our Site, and which are
specifically incorporated by reference, and are therefore
part and parcel of this Agreement are the following:
Our Privacy Policy (https://nerwo.co/privacy)
Our Acceptable Use Policy (https://nerwo.co/aup)
Our Service Level Agreement (https://nerwo.co/sla)
1.1 At the time of initial registration, You will select from the list of available Services or the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by Nerwo. Your subscription to the Services will be deemed accepted by Nerwo when Nerwo delivers a confirmation of the subscription to You. Nerwo reserves the right to refuse to provide You with any Service for any reason. Notwithstanding Our Uptime Guarantee found in Section 17 of this Agreement, Nerwo also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional Services shall be considered 'Services' hereunder. All Services provided are subject to availability and to all of the terms and conditions of this Agreement.
This Agreement contains the complete and entire terms and conditions that apply to Your subscription and Use of Nerwo Services (as defined below). Nerwo may modify the terms of this Agreement, including the Fees (as defined below) at any time.
2.1 From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
2.2 We agree that if We change anything in this Agreement, We will change the 'last modified date' at the top of this Agreement. You agree to periodically re-visit this web page, and to use the 'refresh' button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the 'last modified' date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the 'last modified' date has changed, then You can be certain that something in the Agreement has been changed.
2.3 Should You wish to terminate this Agreement due to any revisions made by Us, 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 Your acceptance of such changes.
2.4 Waiver – if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
3.1 The Initial Term shall begin upon confirmation of Your order or commencement of the Services to You and receipt of legal funds. The term's length is chosen by You and shall be indicated when You order Our Services. This Agreement may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by Nerwo. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
3.2 Nerwo may also terminate this Agreement in its sole discretion at any time for any reason or no reason. ('Termination without Cause'). In such case, Nerwo will provide You with thirty (30) days written notice before the discontinuation of Services.
3.3 If Nerwo cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.2, Nerwo shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Nerwo terminates the Agreement for cause, all prepaid hosting fees will be forfeited and are not refundable. The termination of this Agreement does not relieve You of Your obligation to pay any Fees accrued or payable tonerwo.coprior to the effective date of termination of this Agreement.
3.4 In addition to Nerwo right to terminate this Agreement provided elsewhere in this Agreement, Nerwo may terminate this Agreement effective immediately if, based on Nerwo sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy ('AUP') as described in Section 6 of this Agreement, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which Nerwo considers illegal or high risk, in its discretion. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon Nerwo to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
4.1 When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
4.2 You must provide Us with a primary email address that is checked regularly and frequently. All notices and communications between Us will be sent to the email address You provide, and You are therefore required to keep this address current or notify Us if Your address changes. You should notify Us if any of Your contact and/or billing information changes so that We may update Your account. It is also Your responsibility to make sure that Our domain(s), Nerwo.me, are not included in any spam block list used by You or Your mail provider.
4.3 Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 3 of this Agreement.
4.4 We reserve the right to stop providing services and immediately terminate your Nerwo account if You or any of Your end-users: (a) are ineligible for the service provided by Nerwo, (b) have failed to perform the contract with Nerwo or Nerwo partner, (c) have breached the terms and conditions of Nerwo or Nerwo partner, or (d) are considered to refuse to perform the contract or breach our terms and conditions in the future based on Nerwo sole judgment.
4.5 You are responsible for all activity transpiring under Your account. We therefore highly recommend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a web site and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, Nerwo site and/or equipment, and any other site.
4.6 Every natural person is allowed to set up only one valid account at Nerwo unless the previous account is no longer valid which is not due to the breach of Our terms and conditions. You agree and allow Nerwo to use necessary technology, including browser fingerprint tracking, to prevent account abuse. And We concur that all technology must be used in accordance with our Privacy Policy. Legal entities are not subject to this restriction.
4.7 Non-business setup users or non-enterprise users are not allowed to use domain name email account at Nerwo, and business users can only use company email account associated with their own organization or business. Any type of personal domain name email acount, educational related email accounts for non-educational users, and temporary email accounts are not allowed, and Nerwo reserves the right to temporarily or permanently restrict access to such accounts.
4.8 Nerwo does not accept email accounts from public mail service providers in mainland China. The domain email accounts which are powered by mail service providers in mainland China are not accepted neither.
5.1 All Services provided by Nerwo may only be used for lawful purposes.
5.2 As between You and Nerwo, Nerwo acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your web site ('Your Content'). You hereby grant to Nerwo a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable Nerwo to perform its obligations hereunder.
5.3 Nerwo may (but is not required to) provide You with certain materials, including but not limited to computer software (in the form of object code or source code), data files or information development, domains provided by Nerwo or its suppliers under this Agreement, email address, and other network addresses, proprietary technologies, methods, equipment, or processes assigned to You, that use Nerwo to serve You (the 'master material'). In accordance with the terms and conditions of this Agreement, Nerwo grants you a limited, revocable, non-transferable and non-exclusive license to the materials that you use separately from the Nerwo services. Upon termination of this Agreement, the license is terminated. You acknowledge and agree that Nerwo has all rights, title, interest, or otherwise obtains all applicable licenses, copyrights, trade secrets, patents, trademarks and other intellectual property rights in the subject matter. Any hosting material after the termination of this agreement is not permitted to be used. You agree that no hosting material will be uploaded, transmitted, reproduced, distributed or utilized in any way without Our written permission.
5.4 This Agreement does not constitute a license to use Nerwo trade names, service marks or any other trade insignia. Any use of any of Nerwo trade names, service marks or any other trade insignia is strictly prohibited, absent Nerwo prior written consent.
5.5 You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
6.1 You agree to comply with Nerwo Acceptable Use Policy ('AUP'), which may be found by accessing Nerwo web site at https://nerwo.co/legal/, which policy is hereby incorporated by reference as an indispensable part of this Agreement. Nerwo reserves the right to modify the AUP at any time by posting the modified policy on its web site. You agree to monitor thenerwo.cohome page for any changes to the AUP. Your continued use of the Services after the effective date of any changes to the AUP constitutes Your manifestation of intent to be bound by such changes. Nerwo may, at its sole discretion, immediately terminate Your access to the Services, or this Agreement, if Your conduct violates the AUP, or if any of Your end users' conduct violates the AUP.
6.2 Nerwo will not actively monitor the content of the web sites being hosted by nerwo.co, although nerwo.co, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. Nerwo will investigate complaints of a violation of a third party right or of the AUP. Nerwo will cooperate with those attempting to minimize Internet abuse and reserves the right to institute 'filters' or other mechanisms for that purpose. Nerwo will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in this Agreement, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of this Agreement between the Parties.
6.3 You acknowledge and expressly agree that Nerwo will not be liable to You or any of Your end users for any action Nerwo takes to remove or restrict access to the Services for any alleged violation of the AUP, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the Digital Millennium Copyright Act of 1998 .
6.4 Nerwo may, at its sole discretion, immediately terminate Your access to the Services, and terminate this Agreement for cause, if Your conduct violates the acceptable uses outlined below, or if any of Your end users' or downstream customers' conduct violate such acceptable uses.
6.5 Nerwo takes the issue of child pornography very seriously, and any potential harm to minors using our services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, Nerwo reserves the right to terminate any account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a Nerwo reseller account, the account will be suspended and the reseller will be directed to terminate the responsible account. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with Nerwo in any effort to investigate, disable or remove such content originating with Your end-users. Consistent with federal law, Nerwo will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.
6.6 If You suspect any instances or cloud storage contents (that provided by Nerwo as a gift) of child pornography appearing on sites hosted by Nerwo, We encourage You to send such reports to Our abuse address ([email protected]), and include the file name and/or URL (or other location on the customer's site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Do not send the image(s) in question. Alternately, You may use the CyberTipline to report suspected child pornography. Reports involving sites not hosted by Nerwo should be directed to law enforcement or to a cooperating child pornography organization such as: https://www.asacp.org/index?content=report.
6.7 We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to our clients.
6.8 You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site. You agree not to allow minors to view any such site, and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Please note that this Site makes no representation or warranty regarding any of the products or services referenced on such sites, and recommend that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing this site if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.
7.1 You agree to comply with Nerwo Anti-Spam Policy which is hereby incorporated by reference as an indispensable part of this Agreement. Use of Nerwo services for any illegal spam activities is strictly prohibited.
7.2 Nerwo reserves the right to modify the Anti-Spam Policy at any time by posting the modified policy on its web Site. You agree to monitor Nerwo home page for any changes to the Anti-Spam Policy. Your continued use of the Services after the effective date of any changes to the Anti-Spam Policy constitutes Your manifestation of intent to be bound by such changes.
8.1 Payment for Services is due in advance of the time period for which such payment covers. Services are billed on an automatic and recurring basis unless and until you follow Nerwo cancellation procedure set forth in this Agreement.
8.2 Unless separately negotiated by You and Us, and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Fees for Services are payable in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.
8.3 At the time of registration, You must select a payment method. Nerwo reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, Your account will be deemed past due. For any past due Fees, Nerwo will charge You interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid.
8.4 You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. Nerwo is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If Nerwo should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, Nerwo will invoice You for the difference between payment received and the Fees due.
8.5 You also agree to pay all attorney and collection fees arising from Nerwo efforts to collect any past due Fees. If you cancel any Service prior to the expiration of the pre-paid Fees, You understand and agree that Nerwo will not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees.
8.6 Nerwo will not accept any refund requests unless it is due to widespread, general and reproducible quality issues of Nerwo products and services. You understand and agree that even if you request cancellation of these services or products, Nerwo has already consumed the underlying costs and assumed the risk. Therefore We will not refund any fees.
8.7 Some special products and services may be allowed to be refunded, but Nerwo will be entitled to deduct the necessary payment gateway fees and other charges. The fees you end up receiving may also vary depending on the payment gateway you choose. Nerwo will not provide any assistance with such issues.
8.8 Coupons and Discount Codes – From time to time, Nerwo may offer coupons or other discount codes which may be used when signing up for hosting with Us. Coupons and discount codes are for first-time customers of Nerwo and must be used at the time of Your initial purchase with Us – they may not be applied after Your service with Us has already been initiated. Unless expressly provided, such coupons and discount codes may not be used toward upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may be subject to Termination for Cause.
8.9 Price Protection - Nerwo may adjust the price of subscriptions or products, and these adjustments may only apply to new orders or both new orders and renewals. Regardless of the price adjustment, Nerwo guarantees that all subscribers will renew the services at the lower price between the initial price and the current price in a billing cycle (based on the first bill). Orders during the promotion period are not eligible for this Agreement.
9.1 Unless otherwise indicated, all subscriptions or products are accompanied with a certain level of limited standard support services based on their subscription or products.
9.2 Nerwo Support is based on Support Credit Points. Each ticket will consume certain Support Request Points according to different departments and priorities. If the subscriptions or products contain limited standard support services, Support Credit Points will be provided at the time of purchase or renew.
9.3 Each ticket should contain only one question or request, and each department will only process related tickets.
9.4 Nerwo reserves the right to close the tickets or restrict related accounts without prior notification for the following types of tickets which:
10.1 You agree that Your use of Nerwo Services is at Your own risk, and that Nerwo is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups.
10.2 Should you wish for Nerwo to provide you with routine backup service, in addition to the Services provided under this Agreement please contact Us. We offer many different backup solutions as an add-on service to Our regular Services, and all such services are provided through a separate, written agreement.
11.1 Nerwo does not impose hard set limits on each account's system resources. We do not actively disable accounts until they greatly exceed an acceptable level of usage. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Nerwo will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance.
11.2 Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site and/or Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage Our Services and Site or any communications on it. If You do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to Nerwo, You hereby agree to pay liquidated damages of $5000.00 plus any and all fees associated with recovery of these damages, including attorneys' fees and costs.
11.3 SECURITY Any violation of the security to the Site and/or Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the 'Servers') is strictly prohibited and is a violation of this Agreement and the AUP per Section 6 of this Agreement. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as 'hacking.' In addition, You are prohibited from the following:
In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause of Your account per Section 3 of this Agreement.
11.4 BANDWIDTH USAGE Your monthly bandwidth allowance is determined by the specific package for which You sign up. If Your account exceeds Your monthly allowance, Your subscription will be terminated until the next billing cycle. Unused bandwidth is not carried over to the next billing cycle for purposes of a credit.
11.5 FAIR USE POLICY We provide specific Services to our Clients and define normal, fair, and reasonable use in terms of our Nerwo Relay Services as use that is consistent throughout any given billing period. We expect regular usage patterns from individual subscription and the client solution as a whole. Should we at our sole discretion determine a Client is not using this Service as defined under this Fair Use Policy, we may take actions to mitigate negative impact to Service delivery systems including but not limited to the following:
12.1 Nerwo will offer You a
Service Level Agreement ('SLA') guaranteeing certain
availability of Our Services. If applicable, the terms of
any such SLA were separately negotiated between You and Us,
and such SLA, if any, is hereby incorporated by reference as
an indispensable part of this Agreement.
To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits.
13.1 The amount You pay for hosting will never increase during a specific term or time period for which you have signed up for Our Services. We reserve the right to change prices listed onnerwo.coat any time, without notice, and the right to modify the amount of resources given to plans at any time. Additionally, if we terminate this agreement without cause pursuant to paragraph 3.2 of the Agreement, You understand that if We agree to provide Services to You in the future, the amount You paid under any prior term or time period is not determinative of the amount You pay should We provide Services to You again. It is Your responsibility to check Our website for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. Nerwo does not automatically update Your plan. All upgrades or downgrades will be performed at Your request and may include modification fees or require reinitiating service with Us.
13.2 You may be able to upgrade or
downgrade the subscription through the Nerwo portal or
API. After you request an upgrade, you will need to pay the
difference immediately to complete the upgrade, and your
subsequent bills will be automatically adjusted; the
downgrade service will not receive any refund. Only the
renewal price will be changed. You may not ask Nerwo to
withdraw your self-requested upgrade or any other
refund.
14.1 You agree to defend, indemnify, and hold Nerwo and its Affiliates harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from:
15.1 You expressly agree that your
use of the services is at your sole and exclusive risk. the
services are provided on an 'as is, with all faults' and 'as
available' basis. Nerwo expressly disclaims all
warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement. Other than as set forth in paragraph 11,
Nerwo makes no warranty that the services will meet
your requirements, or that the services will be
uninterrupted, timely, secure, or error free; nor does
Nerwo make any warranty as to the results that may be
obtained from the use of the services or as to the accuracy
or reliability of any information obtained through the
services or that defects in any software, hardware or the
services will be corrected. Any statements made regarding
such matters in promotional materials shall be considered
advertising references, and not warranties. you understand
and agree that any use you make of any material and/or data
downloaded or otherwise obtained through the use of the
services is at your own discretion and risk, and that you
will be solely responsible for any damage to your computer
system or loss of data that results from the download of
such material and/or data.
Nerwo may make third-party goods, services and/or
software available to you that are not part of the services
('third-party services'). Nerwo has no control over the
content of third-party services. use of any third-party
services will be at your own and sole risk and subject to
the terms and conditions of a separate agreement between you
and the third-party.
No oral or written advice or information obtained from
Nerwo or through the Service, whether by implication,
trademark or otherwise, including but not limited to any
marketing or promotional materials describing the Services
on the Nerwo website, does not constitute a
warranty.
Nerwo does not provide warranty for any products and
services.
16.1Choices of venue, jurisdiction, and law The parties agree that the choices of venue, jurisdiction, and law as outlined in the following sections of this Agreement is mandatory and not tolerant, thereby precluding the possible jurisdiction agreement of the parties arising out of this section in addition to the provisions of this section.
16.2 Severability If, for any reason, a court of competent jurisdiction or an arbitration commission considers any of the terms of this Agreement and any part thereof to be unenforceable, the terms other than that clause will still be enforced to the fullest extent. The rest of this Agreement will continue to be fully effective.
16.3 Continuability The rights and obligations of the parties to this Agreement will be determined by their circumstances and will continue to be effective for their respective assignees, successors, executors, and administrators. Nothing in this Agreement or this Agreement may be sold, sublet, transferred or otherwise transferred by you in whole or in part.
16.4 Non-waiverability Failure of any party to enforce any provision of this Agreement shall not be deemed a waiver of any obligation or right to enforce the provision or any other provision in the future.
16.5 Relationship between the parties Nerwo is an independent provider, and nothing in this Agreement shall be construed as establishing a partnership, joint venture or agency relationship between the parties.
16.6 The sections and subsections of this Agreement are for convenience only and should not be construed as forming part of this Agreement or affecting its meaning.
16.7 Force majeure Due to unforeseen circumstances or reasons beyond control, including but not limited to: God's actions; war, riots, bans, cultural or military acts or terrorism; fires, floods, earthquakes, hurricanes, tropical storms or other Natural disasters; strikes or shortages of transportation, facilities, fuel, energy, labor or materials; failure of telecommunications or information services infrastructure; hacking, spam, or failure of any computer, server or software, will not constitute a violation of this Agreement.
16.8 Exports You know and acknowledge that certain software may be regulated by US government agencies, including the US Department of Commerce, which prohibits the export or transfer of software to certain countries and territories. You will not assist or participate in any such illegal transfer or violation of applicable US laws and regulations. You warrant that, in accordance with applicable US laws and regulations, you will not license any person who is not approved to accept the goods, and you will comply with such laws and regulations.
16.9 Notification Electronic Communications All notices permitted or required by this Agreement may be sent by email, fax, courier service, mail or registered mail to your most recent email address, fax number or mailing address and will be effective upon delivery. Evidence of successful transmission should be retained. Each party may communicate with the others through electronic methods as described in this Agreement. The parties agree to all of the following electronic communications: (i) the sender's user identity contained in the electronic communication is legally sufficient to verify the identity of the sender and the authenticity of the communication; (ii) the Electronic communication sent by you including the identity of you and confirmed that you are the creator of the content, shares the same effect and legal significance as your written signature.
© AyuCLoud-Services, Inc. 2020. All rights reserved.