Welcome to Nearoute
The use of services provided by Nearoute Limited (hereafter referred to as "Nearoute") is subject to the following Terms and Conditions.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Nearoute if you do not agree to take all of the terms and conditions stated on this page.
By using the Services, you represent and warrant that you are of legal age and/or legally capable of entering into contracts in your country. If you are not legally capable of entering into contracts, you may not use the Services at any time or in any way, nor may you submit any information to Nearoute or the Services. If you are engaging into these Terms on behalf of a company or organisation, you represent and warrant that you have the legal power and ability to bind that company or organisation. If you are not permitted or judged to be authorised by law, you accept sole personal accountability for the responsibilities set out in these Terms.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
MODIFICATIONS AND ADDITIONAL TERMS
- These Terms. Nearoute reserves the right to alter, amend, add, or delete provisions of these Terms at any time by posting the revised Terms. Where we are legally required to do so, we will request your express permission to the amended Terms, and our notice to you will explain how you can accept or reject the changes. You must cease using the Services if you do not agree with any of the modified Terms. Unless otherwise required by law, the revised Terms take effect on the day they are posted.
- The Services. Nearoute may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.
USER ACCOUNT
- When registering for the service, you choose what information you may make public or showcase. By registering as a User you represent that you are not barred from using the Services under these Terms, the laws of the Hong Kong, your place of residence or any other applicable jurisdiction.
- You undertake to submit true, accurate, current, and complete information about yourself as requested by the Services' registration form (the "Registration Data"), and to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
- You agree that We will send all alerts and information to the email address You specify. If you provide any information that is false, inaccurate, out of date, or incomplete, or if Nearoute has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, Nearoute reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) for breach.
- You agree not to have more than one Account at any given time.
- We cannot accept orders from the following countries:
- Cuba
- Iran
- Lebanon
- Libya
- Myanmar (Burma)
- North Korea
- Somalia
- Sudan
- Syria
Spam and Unsolicited Bulk Email (UBE)
NEAROUTE HAS A ZERO TOLERANCE FOR UNSOLICITED E-MAIL
Any distribution of unsolicited commercial email (i.e., "spam") is STRICTLY PROHIBITED.
You are responsible for any outgoing traffic from the IP space you have purchased. If you do not answer within 24 hours after receiving a complaint about your IP address, your connected service will be discontinued.
DMCA NOTIFICATIONS
Nearoute does not tolerate copyright infringement or infringement of intellectual property rights on the Services, and in accordance with the safe-harbor provisions of the Digital Millennium Copyright Act of 1998 ("DMCA"), Nearoute will remove User Content if properly notified that such User Content infringes on the intellectual property rights of another (please refer to our Copyright Policy). Nearoute retains the right to delete User Content at any time and without warning.
INTELLECTUAL PROPERTY RIGHTS
- As between You and Nearoute, Nearoute acknowledges that it claims no proprietary rights in or to Your Content. You hereby grant to Nearoute 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 Nearoute to perform its obligations under these Terms.
- You represent and warrant that You own or otherwise control all of Your Content and that Your Content does not violate the rights of any third party, including other users of the Services. You further represent and warrant that Your Content does not contain libelous or defamatory material or any material that infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- You recognise that even a small amount of damages may need the payment of substantial legal fees, travel expenses, expenditures, and other expenses that may outweigh the liquidated damages. You agree to pay all of these fees and expenses.
RESOURCE USAGE
- For each account, Nearoute does not impose a hard restriction on system resources. We don't deactivate accounts unless they've been used well beyond what's considered appropriate. Nearoute will send you an alert to temporarily disable your accounts.
- We reserve the right to remove any content that violates our Terms of Service or is otherwise objectionable.
- Any breach of the Services' security is banned and may result in criminal and civil penalties. Unauthorized access to the servers that offer the Site, Services, and/or Materials (the "Servers") is expressly forbidden under these Terms and the AUP. You agree not to engage in such conduct or attempt to penetrate the Servers for the purpose of modifying or manipulating the hardware or software, compromising the Servers, or any other unauthorised usage generally referred to as "hacking." We retain the right to provide information about You to system administrators at other sites in order to aid in the resolution of security problems, and We will also cooperate with any law enforcement agency investigating a criminal breach of system, cyberthreats, or network security. In addition, any breach of these security standards may result in Our taking legal action.
UPTIME GUARANTEE
- Based on network and host node availability, Nearoute provides a 99 percent uptime guarantee through this Service Level Agreement. These assurances are referred to as the "SLA" when taken together.
- If your SLA falls below 95%, you may be eligible for a half month‘s credit. month's If your SLA falls below 90%, you may be eligible for one month's credit.
LIMITATION ON LIABILITY
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT, OPERATION, AND SECURITY OF YOUR ONLINE PROPERTIES AND/OR BUSINESS CONDUCT, AS WELL AS ALL OTHER MATTERS UNDER YOUR CONTROL. NEAROUTE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM OR RELATED TO CONTENT, THE OPERATION OR SECURITY OF YOUR WEB-SITE AND/OR BUSINESS, OR THE FAILURE TO OPERATE YOUR WEB-SITE AND/OR BUSINESS.
THIS SECTION APPLIES TO ALL CLAIMS MADE BY YOU OR YOUR END USERS, REGARDLESS OF THE CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL NEAROUTE, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF NEAROUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; or FOR YOUR USE OF ANY THIRD-PARTY SERVICES.
THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF NEAROUTE AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO NEAROUTE DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
NO WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS EXCLUSIVELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS, WITH ALL FAULTS" AND "AS IS AVAILABLE." NEAROUTE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, NEAROUTE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NEAROUTE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY. ANY STATEMENTS IN PROMOTIONAL MATERIALS REGARDING SUCH MATTER SHALL BE CONSIDERED ADVERTISING REFERENCES, 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 RISK AND DISCRETION, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
THE CONTENT OF THIRD-PARTY SERVICES IS NOT UNDER THE CONTROL OF NEAROUTE. ANY THIRD-PARTY SERVICES ARE USED AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD PARTY.
NEAROUTE MAKES NO WARRANTY IN CONNECTION WITH ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON NEAROUTE'S WEBSITE, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEAROUTE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL, OR OTHERWISE.
NEAROUTE DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES UNLESS OTHERWISE AGREED IN WRITING. AS A RESULT, WE RECOMMEND THAT YOU BACK UP YOUR SITE(S) ON A REGULAR BASIS.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
PAYMENTS
- You agree and consent to Nearoute's use of third-party payment providers for billing and processing online payments (see below), and you agree to pay the applicable Fees for the Services (including, without limitation, periodic fees for Subscriptions) as they become due, plus all related taxes, and to reimburse us for all collection costs and inter-company fees.
- Unless and until you follow Nearoute's cancellation procedure set forth in this Agreement, services are billed on an automatic, auto-renewal, and recurring basis. Your obligation to pay fees continues until the Subscription Term (as defined in Section 6(c)) expires. Usage restrictions may apply to our subscriptions. You acknowledge and agree that we will conduct periodic verifications of your use of the Service. If we determine that Usage exceeds the current amount of usage limits purchased as part of a routine verification process, we reserve the right to charge you for the additional use. We may contact you to discuss your current plan as well as other options. If necessary, you agree to upgrade to a higher usage plan.
- You must choose a payment method at the time of registration. By providing a payment method, You expressly authorise Nearoute to charge that payment method on a regular basis in accordance with the terms of Your Subscription. Nearoute reserves the right to outsource payment processing to a third party. Additional terms and conditions governing payment processing may be imposed by such a third party. Your account will be considered past due if you do not pay all Fees when they are due. Nearoute reserves the right to charge You interest on any past due Fees at a rate of one and three percent (3%) per month of the unpaid amount, or the highest rate allowed by applicable law, whichever is lower, until the unpaid amount is paid.
- You agree to pay any and all taxes resulting from Your use of the Services, including personal property, value added, and sales taxes. Nearoute is not liable for any bank fees incurred by You as a result of using check cards, automatic payment services, insufficient funds, or any other fees imposed by your financial institution as a result of using the Services. Nearoute will invoice You for the difference between the payment received and the Fees due if Nearoute receives less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like. You also agree to pay any and all attorney and collection fees incurred by Nearoute in collecting any past-due Fees.
- If you cancel any Service before the pre-paid Fees expire, you understand and agree that Nearoute may refuse to issue you any refund, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees, at its sole discretion. Any refunds, if any, will be made only to the original payment method.
- Nearoute retains the right to suspend or terminate your Subscription, access to the Services, and/or Account, as well as terminate these Terms, if you do not pay on time or if Nearoute is unable to charge your payment method for any reason.