Terms of Service

You may not use our Services to engage in, facilitate, or support:

Upon detection or notification of any prohibited activity:

• The offending Account will be immediately suspended or terminated
• No refunds will be issued under any circumstances
• We will cooperate fully with law enforcement investigations
• Account data may be preserved for legal proceedings
• Activities may be reported to relevant authorities

You retain all ownership rights to Content you upload to our Services. By using our Services, you grant us a limited, non-exclusive license to host, store, and transmit your Content solely as necessary to provide the Services.

49.3 Networking LLC is not liable for Content hosted on our Services or activities conducted through customer Accounts unless we have been specifically notified of illegal activity and have had reasonable opportunity to investigate and respond.

This means:

• We do not actively monitor customer Content
• We are not responsible for illegal Content unless we have received specific notification
• Upon notification of illegal activity, we will investigate within 24-48 hours
• Customers are required to demonstrate the legality of Content upon request

You agree to indemnify, defend, and hold harmless 49.3 Networking LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your Content or activities
• Your violation of these Terms
• Your violation of any third-party rights
• Any claim that your Content caused harm to a third party

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If we receive a valid DMCA takedown notice regarding Content on your Account:

• We will forward the notice to you via email
• The allegedly infringing Content will be removed or disabled within 24-48 hours
• You may submit a counter-notice if you believe the takedown was made in error
• Repeated copyright infringement will result in Account termination

To file a DMCA takedown notice, send an email to [email protected] with the subject line "DMCA NOTICE" and include:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing
• Your contact information
• A statement of good faith belief that use of the material is not authorized
• A statement that the information is accurate and that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Service fees are published on our website and are subject to change. Price changes affecting existing services will be communicated at least 30 days in advance.

Payment is due at the beginning of each billing cycle (monthly, quarterly, or annually). We accept major credit cards, PayPal, and select cryptocurrencies.

If payment is not received within 5 days of the due date, your Account will be suspended. If payment is not received within 15 days, your Account and all associated data will be permanently deleted.

All prices are exclusive of taxes. You are responsible for all applicable federal, state, local, and foreign taxes, duties, and other governmental charges.

New customers may request a full refund within 30 days of their initial purchase for shared hosting and VPS services. This guarantee does not apply to dedicated servers, setup fees, or add-on services.

No refunds will be issued for Accounts terminated due to violation of these Terms. This includes but is not limited to violations of our Acceptable Use Policy.

You may cancel your services at any time through your Account management interface. Cancellations must be submitted at least 24 hours prior to the next billing cycle to avoid charges for the subsequent period.

Upon cancellation, your data will be retained for 7 days before permanent deletion. You are responsible for retrieving all data before the expiration of this period.

We guarantee 99.9% uptime for shared hosting and VPS services, calculated on a monthly basis. This guarantee excludes:

• Scheduled maintenance with advance notification
• Force majeure events beyond our reasonable control
• Issues resulting from customer Content or actions
• Suspensions due to Terms violations or payment issues

If we fail to meet the 99.9% uptime commitment, you may be eligible for service credits calculated as follows: 5% of your monthly service fee for each 1% of downtime below the guaranteed threshold, up to a maximum of 100% of one month's fees.

Service credit requests must be submitted within 7 days of the downtime incident and are subject to verification.

You are solely responsible for maintaining backups of your Content. While we perform regular system backups for disaster recovery purposes, we do not guarantee the availability or recoverability of these backups for individual customer data restoration.

We implement industry-standard security measures including network firewalls, DDoS mitigation, intrusion detection systems, and encrypted data transmission. However, no system can guarantee absolute security.

In the event of a data security breach that may affect your Account, we will provide notification via email within 72 hours of becoming aware of the breach, in accordance with applicable data protection regulations.

You may terminate these Terms at any time by canceling your Account through the account management interface.

We may suspend or terminate your Account immediately without prior notice for:

• Violation of these Terms or our Acceptable Use Policy
• Non-payment of fees when due
• Fraudulent activity or security threats
• Legal or regulatory requirements
• At your request

Upon termination, your right to access and use the Services will immediately cease, and we may delete your Content without liability.

Prior to initiating any formal dispute resolution proceedings, you agree to contact us at [email protected] to attempt informal resolution for a period of at least 30 days.

Any dispute arising from or relating to these Terms or the Services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

You agree that any arbitration or proceeding shall be conducted on an individual basis and not as a class action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the arbitration requirement, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement, misappropriation, or violation of intellectual property rights.

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and 49.3 Networking LLC regarding the Services and supersede all prior agreements and understandings.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign or transfer these Terms and our rights and obligations without restriction.

We shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, or failures of internet infrastructure.