Terms of Service Print

Last revised: 09/06/2023

Examples of unacceptable content or links:

All services provided by BreezeTech Holdings Corp ("NextArray") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret or another statute. The subscriber agrees to indemnify, and hold NextArray harmless from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to NextArray servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content, activities, or links:

• Participating and or organizing a (D)DoS attack
• Unauthorized port scanning
• Spoofing IP addresses
• Cryptocurrency mining
• Controlling a botnet
• Pirated software
• Hacking Software
• Child pornograph
• Email spamming
• Warez site

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $125.00 USD CANCELLATION FEE WILL APPLY. ADDITIONALLY, NextArray WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic usage
All account plans come with a predetermined amount of traffic quota. We monitor all accounts and services and bill $5.00 USD for each GB of traffic exceeding the predetermined quota. This amount is not prorated, meaning that 1 MB - 1 GB will be treated and billed the same. You may not use more than 50% of your allocated bandwidth for more than 3 hours in a 24 time period.

Network testing
Any kind of network stress testing is strictly prohibited. If you are found to be a source of any cyber attack or unsolicited stress testing your account will be closed and your services to be immediately canceled.

Server abuse
Any attempt to undermine or cause harm to a server or customer of NextArray is strictly prohibited. As our customer, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be canceled without the chance of refund.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of NextArray must adhere to the above policies, except system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, NextArray shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice following the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to NextArray by no later than the specified payment due date. NextArray shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice every month. All credit cards are billed automatically per the selected billing cycle. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. If there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Chargebacks, disputes, and claims
Any chargeback, dispute, or claim filed against us will result in an immediate termination of all products and or services linked to the client's account. To reactivate terminated services, the client must reimburse NextArray for the full value of the chargeback, dispute, or claim. Any associated fees NextArray incurred due to such cases must be paid in full by the client as well as a $10.00 USD administrative fee.

Money-back & refund policy
Due to the instant activation nature of our products we do not offer refunds. Please reach out to sales if you aren't sure about what you are purchasing. If you are experiencing difficulties or performance related issues, these can be addressed by creating a ticket with the appropriate support department.

Cancellation refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Service Termination
NextArray reserves the right to terminate the service if a service is suspended to non-payment and 72 hours has elapsed. Additionally, if repeat violations happen (please reference the list of unacceptable behaviors above), NextArray reserves the right to terminate a service with no prior notice.

Reselling
Services and products provided by NextArray cannot be resold by the customer. The customer shall be held liable for any in-compliance with our Terms of Service. The parties who are being resold our services must be informed of our Terms of Service. We shall only provide support to the account holder. Likewise, any potential disputes shall be discussed only with the account holder. In the case a customer refers another customer to us, the referring client may receive a percentage-based, one-time monetary commission. NextArray holds no responsibility for accuracy of such affiliate programs. We reserve the right to change referral bonus percentages at any time and without any notice. All withdrawn affiliate credits shall be credited to the customer's credit balance. The only services that can be resold are:

Reseller Shared Hosting
Reseller VPS Hosting

Limitation of liability
NextArray shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from NextArrays' servers going offline or being unavailable for any reason whatsoever. Furthermore, NextArray shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from one of NextArray's servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be reported to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Age restrictions (COPPA)
By signing up for an account with NextArray you certify that you have fulfilled at least 13 years of age. Failure to comply with this rule will result in immediate, complete account deletion. Such account deletion removes any kind of data that you have input on our services. Upon account removal, all services shall be canceled without prior notice.

Disclaimer
NextArray cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by NextArray are resold. Thus, certain equipment, routing, software, and programming used by NextArray are not directly owned or written by NextArray. Moreover, NextArray holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as NextArray sees fit.

Account activation
By activating your account with NextArray, you agree to the above policies and disclaimers. Upon requesting activation of an account, you are required to accept these policies, guidelines, and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Server uptime guarantee (SLA)
NextArray guarantees 99.9% service uptime on all hosting plans. Should we fail to deliver this for any given calendar month, you can request credits to be applied to your account. Credits applied are calculated based on length of service interruption, but will never exceed the full billing period. NextArray will inspect all SLA claims and reserves the right to promptly deny the claim - this usually happens when the interruption is not directly caused by NextArray's hardware appliances and or staff members.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone before taking any action to provide you with an opportunity to correct the problem.

 

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Rent to Own Policies 

Rent to own servers will be fully covered against hardware failures for the entire term of your server as specified upon purchase. After the end date of your term you will be a normal colocation customer and thus solely responsible for any and all hardware failures that may happen. We will continue to offer you the same great Superior Support and remote hands required to switch failed hardware out as defined in our Remote Hands Fee schedule.

Payments
Your monthly hardware payment must be made for the entire term as specified by your agreement.  Failure to complete the final term payment for your rent to own server will result in termination of the rent to own program and forfeiture of any and all rights to owning the hardware. Your account will be converted to a rental dedicated server and credited for funds paid at the current rate of a comparable server available on NextArray.com. NextArray reserves the right to reclaim this server and resell to a new client if payment is not made.

 

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NextArray reserves the right to amend any or all of the above policies, guidelines, and disclaimers without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. This also applies to any document related to this Terms of Service including, but not limited to our Privacy Policy which can be found here: https://NextArray.com/privacy.