Terms and Conditions

User Agreement

NOTE: On October 7, 2023, we updated our User Agreement to clarify that Nextedge Cloud may automatically upgrade your account to a higher tier plan at an additional fee if you exceed the limits of your current plan. Please review the updated terms below.

Your use of Nextedge Cloud Services is subject to the terms and conditions set forth in these Nextedge Cloud Terms of Service (the “Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Nextedge Cloud has if you do something that is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and Nextedge Cloud and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.

This Agreement is an agreement between Nextedge Cloud Inc. (“us,” “we,” “Nextedge Cloud,” or the “Company”) and you (“Subscriber” or “you” and “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Nextedge Cloud and through the Nextedge Cloud website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.

We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Nextedge Cloud website for at least Seven (7) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account

  1. Policies.
    Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements. Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.
    1. Privacy Notice
    2. Acceptable Use Policy
    3. Domain Name Dispute Policy
    4. Copyright Claims Policy
    5. Data Request Policy
    6. Anti Spam Policy
    7. Domain Registration Agreement
  2. Eligibility; Registration and Account Security.
    1. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
    2. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
    3. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Nextedge Cloud, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
    4. You acknowledge and accept that despite the security measures Nextedge Cloud takes in connection with the Services, Nextedge Cloud’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Nextedge Cloud may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Nextedge Cloud shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.
    5. Dedicated Servers. Nextedge Cloud reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Nextedge Cloud reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
  1. HIPAA Disclaimer.
    The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Nextedge Cloud does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. Nextedge Cloud does not sign “Business Associate Agreements,” and you agree that Nextedge Cloud is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
  2. Nextedge Cloud Content.
    Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Nextedge Cloud Content”), are the property of Nextedge Cloud or its licensors. No Nextedge Cloud Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Nextedge Cloud Content. Any use of the Nextedge Cloud Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Nextedge Cloud Content granted herein. All rights of Nextedge Cloud or its licensors that are not expressly granted in this Agreement are reserved to Nextedge Cloud and its licensors.
  3. Subscriber Content.
    1. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Nextedge Cloud that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party
    2. You acknowledge and agree that Nextedge Cloud may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Nextedge Cloud’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Nextedge Cloud shall have no liability due to any corrective action that Nextedge Cloud may take, including without limitation suspension or termination of Services.
    3. You hereby grant to Nextedge Cloud, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Nextedge Cloud is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
  4. Payment Card Industry Security Standard Disclaimer.
    Nextedge Cloud complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. Nextedge Cloud will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.
  5. Compliance with Applicable Law.
    You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set shall apply where you are a Controller subject to the GDPR.
  6. Additional User Responsibilities.
    1. You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and Privacy Notice for the Subscriber Website.
    2. You will cooperate fully with Nextedge Cloud in connection with Nextedge Cloud’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for Nextedge Cloud’s performance of its obligations that depend on your performance.
    3. You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Nextedge Cloud to provide the Services, which hardware and software may be changed by Nextedge Cloud from time to time in its sole discretion.
    4. You will be solely responsible for backing up all Subscriber Content, including any Subscriber Websites off of Nextedge Cloud’s servers. This is an affirmative duty. Nextedge Cloud is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
    5. You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
    6. You will not use the Services in any manner, as determined by Nextedge Cloud in its sole discretion, that:
      1. Engages in or promotes illegal activity;
      2. Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
      3. Infringes the intellectual property rights or other proprietary rights of any third party;
      4. Violates the privacy rights or publicity rights of any third party;
      5. Interferes with the operation of the Services; or
      6. Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.
  7. Third Party Websites.
    The Services may contain links to other websites that are not owned or controlled by Nextedge Cloud (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
  8. Payment.
    1. Fees Due. You will pay to Nextedge Cloud all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein. 
    2. Pricing. Nextedge Cloud may change our prices from time to time. Nextedge Cloud may increase the fees for the Services (i) as permitted in the applicable Service description published on the Nextedge Cloud website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least Seven (7) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by Nextedge Cloud through the Subscriber billing tool or other methods of communications and notices sent or posted by Nextedge Cloud. 
    3. Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Nextedge Cloud’s invoices for the fees as separate charges to be paid by you. 
    4. Add-On Services. If you purchase certain add-on services from Nextedge Cloud such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. Nextedge Cloud is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
    5. Disputes. You have Thirty (30) days to dispute any charge or payment processed by Nextedge Cloud. If you have a question concerning a charge you believe is incorrect, please call us at 888-401-4678. If you initiate a chargeback, there may be a minimum charge of $50.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
    6. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
    7. Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S dollars or UGX shillings and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Nextedge Cloud is not responsible for any change in exchange rates between the time of payment and the time of refund.
  9. Term and Automatic Renewal.
    1. Initial Term. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”).
    2. Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth in sub-section d below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer, Nextedge Cloud shall provide notice of the upcoming charge for each renewal to Subscriber no later than Seven (2) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (7) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber’s Services without any prior notice. 
    3. If you do not want the Services to automatically renew, you must opt out of the automatic renewal option at least 2 (days) calendar days before the end of your then current Term or else your payment method on file will be charged as described above. The procedure to disable automatic renewal can be found in subsection (d) below. If you wish to terminate the Services, please review Section 13.
    4. Disabling automatic renewal option.
      1. Disabling automatic renewal option for basic hosting services. You may disable the automatic renewal option for your hosting account at any time online via the Account tab in your Nextedge Cloud cPanel account. Additional instructions can be found here. In the event that the account expires, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to autorenew.
      2. Disabling automatic renewal option for domain names or Domain Privacy. You may disable the automatic renewal option for domain names and Domain Privacy at any time online via the Domain tab in your Nextedge Cloud cPanel account. Additional instructions can be found here
      3. Disabling automatic renewal option for SSL certificates. You may disable the automatic renewal option for SSL certificates at any time online via the Addons tab in your Nextedge Cloud cPanel account. Additional instructions can be found here.
      4. For other add-on services listed here, please contact Nextedge Cloud by phone or online chat for assistance.
  10. Termination and Non-Payment. 1. Failure to Pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by Nextedge Cloud, including without limitation, any arbitration and legal fees and Nextedge Cloud’s reasonable attorneys’ fees. If any check is returned for insufficient funds, Nextedge Cloud may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services          1. Dedicated servers: If you make a late payment we do not automatically
                reactivate the dedicated servers. Contact Nextedge Cloud’s billing department
                to discuss options to reactivate the dedicated server. 2. Termination Procedure. You may terminate the Services you purchased at any time
         during the Term by giving Nextedge Cloud notice by phone at +256707333142 or online chat. 
         The cancellation request is subject to verification of ownership of the account and/or
         domain, as determined in Nextedge Cloud’s sole discretion. In the event of such cancellation,
         you shall be obligated to pay all fees and charges accrued prior to the effectiveness of
         such cancellation subject to the terms of the seven (7) day money-back guarantee if
         applicable. After the account is canceled, all Subscriber Content will be permanently
         removed from the server. Please make a backup of all Subscriber Content before you 
         contact Nextedge Cloud  to cancel your account.  3. Termination by Nextedge Cloud. Nextedge Cloud may terminate your access to the Services, in
          whole or in part, including deletion or confiscation of all files, content, and/or
          domain name registrations, without notice in the event that: (i) you fail to pay
          any fees due hereunder to Nextedge Cloud; (ii) you violate the terms and conditions of
          this Agreement; (iii) your conduct may harm Nextedge Cloud or others, cause Nextedge Cloud
          or others to incur liability, or disrupt Nextedge Cloud’s business operations (as determined
          by Nextedge Cloud in its sole discretion); (iv) you are abusive toward Nextedge Cloud’s staff in any
          manner; or (v) for any other lawful reason, including to comply with applicable law,
          or as otherwise specified in this Agreement. In such event, Nextedge Cloud will not
          refund to you any fees paid in advance of such termination, and you shall be
          obligated to pay all fees and charges accrued prior to the effectiveness of such
          termination. 4. Modification of Services. Nextedge Cloud reserves the right to modify, change, or discontinue
        any aspect of the Services at any time. 5. Data Deletion.     1. Shared Hosting Accounts. Upon termination of the Services for any reason,
            Subscriber Content, Subscriber Websites, and other data will be deleted. You
            are solely responsible for maintaining backup copies of all Subscriber Content,
            Subscriber Websites, and other data. Nextedge Cloud is not responsible for the
            loss of any Subscribe Content. It is essential that Subscribers  backup files offline,
            even if Subscribers purchase or have products, such as Site Backup and Restore.     2. VPS and Dedicated Accounts. Upon termination of the VPS or Dedicated Hosting
             services for any reason, access to your cPanel account will be restricted for a period
             of approximately seven (2) days and you will not be able to log into your cPanel
             account. If the account has not been renewed after eight (2) days following
             expiration, the server will be suspended for approximately thirteen (5) days.
             Dedicated servers that have invoices outstanding for more than ten (7)
             days may be subject to being reclaimed which will result in the loss of all data on
             the server. Nextedge Cloud is not responsible for any loss of data resulting from such
             deletion.     3. Nextedge Cloud reserves the right to terminate any account that has been in a suspended or
            deactivated state for Seven (7) days which will result in the loss of all data stored on
            the account.

7 Day Money-Back Guarantee

1. If you purchase an account with a seven (7) day money-back guarantee, you may receive a full refund of all hosting fees paid (the “Money-back Guarantee Refund”) if you cancel within the first seven (7) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department by calling +256707333142 or by using our online Live Chat. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this Section 14. Money-back Guarantee Refunds only apply to hosting services and certain add-on products or services. The Money-back Guarantee does not apply to Services with a monthly term, domain registration fees, setup fees, or any fees for additional Services.

2. The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods.

2.. Nonrefundable Fees.

1. Fees paid by Subscriber in connection with the purchase of add-on services, including without limitation, SSL certificates, AppMachine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 or less due to processing fees, unless otherwise expressly provided.

3.. Domain Registration Fees.

1. In the event Subscriber cancels the Services prior to the expiration of seven (7) calendar days and requests a refund in compliance with the terms and conditions of this Section 14, Subscriber will receive a Money-back Guarantee Refund provided that if Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the Services, Subscriber’s refund will automatically be reduced by the price per domain name. Subscriber will retain full ownership and control of any such domain names.

4. Cancellations After 2 Days. Nextedge Cloud does not offer refunds for cancellations that
     occur after two (2) calendar days following the purchase.

           15. Nextedge Cloud as Reseller or Licensor.

1. Third Party Services. Nextedge Cloud is a reseller or licensor of certain third party products and services (collectively, “Third Party Services”) including without limitation as sold through the Nextedge Cloud Marketplace (the “Marketplace”). Your purchase and use of Third Party Services are generally subject to the applicable third party’s terms and conditions. Nextedge Cloud is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer’s defects of Third Party Services either sold, licensed or provided by Nextedge Cloud to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Nextedge Cloud’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Nextedge Cloud only in connection with your permitted use of the Services unless otherwise expressly provided.

2. Themes and Plugins. In the event the Third Party Services you purchase include a website theme or plugin, the following additional terms shall apply to your purchase. Third parties can upload, distribute, and sell products such as website themes and plugins through the Marketplace (each referred to as a “Seller”). Your purchase of and/or download of any theme or plugin from the Marketplace does not grant you an ownership or other exclusive interest in such theme or plugin. If you purchase a theme or plugin, you are also subject to the terms of the GNU General Public License, version 2.0 or later (“GPL”). The terms of the GPL can be accessed here.

3. Seller Support. Nextedge Cloud is not responsible for any Seller’s failure to support any theme or plugin. Seller shall provide basic email-based support of the theme or plugin for the purpose of assisting with basic questions regarding their use, as well as access to any patches, bug fixes or new releases of a product for the purpose of correcting any errors or defects for no additional charge. You are entitled to such support for one (1) year from the date of purchase.

16. Internet Protocol (IP) Address Ownership.
      If Nextedge Cloud assigns you an Internet Protocol (“IP”) address for your use, you shall
      have no right to use that IP address except as permitted by Nextedge Cloud in its sole
      discretion in connection with the Services during the Term. Nextedge Cloud shall retain
      ownership of all IP addresses assigned to you by Nextedge Cloud, and Nextedge Cloud reserves the
      right to change or remove any and all such IP addresses in its sole discretion.

            17. Resource Usage.

           1. Shared Hosting

1. Acceptable Use Policy. Hosting space is intended for use in accordance with Nextedge Cloud’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Nextedge Cloud expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Nextedge Cloud may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of Nextedge Cloud policies. You hereby agree that Nextedge Cloud shall have no liability due to any action that Nextedge Cloud may take, including without limitation suspension or termination of Services in connection with your violation of this section.

2. Plan Limits. Nextedge Cloud may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that exceed the limit(s) of the Subscriber’s current plan. To avoid service interruption, Nextedge Cloud may automatically upgrade your account to a higher tier plan at an additional fee if you exceed the limit(s) of your current plan.

3. Excessive Server Resources. Use of Nextedge Cloud resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event Subscriber exceeds these amounts, Nextedge Cloud may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. Nextedge Cloud reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services. 

4. Unlimited File Transfer. Nextedge Cloud does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive in any given month, nor does Nextedge Cloud charge additional fees based on the increased use of bandwidth, as long as the Subscriber’s use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, Nextedge Cloud reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.

2. Virtual Private Servers (VPS) and Dedicated Servers Usage. 

       1. Resource Usage. Dedicated and VPS usage is limited by the resources allocated to the
           specific plan that you have purchased. 

        2. Backup. Each Subscriber is solely responsible for backing-up all Subscriber Content, including
            any Subscriber Websites. Nextedge Cloud is not responsible for the loss of any Subscriber Content.

        3. Subscriber Super-user Access. Subscriber acknowledges that Subscriber is solely responsible
            for any changes made with super-user access and that Nextedge Cloud may not be able to reverse 
            any changes and/or recover data lost or damaged through the use of super-user privileges.
            Nextedge Cloud’s level of support to those Subscribers accessing super-user privileges will be
            limited as follows:

            1. Reinstallation of corrupted modules, such as control panel files, web server files, etc.;                     

           2. Reinstallation of the baseline operating system and core file image at Subscriber’s request. 
               Subscriber acknowledges and understands that a new image install will cause the irreversible
               complete loss of all data stored on the server. Nextedge Cloud is not liable for any data lost as a result of
               this action; 

          3. Restoration of files from available backups at Subscriber’s request. This restoration will be a full
              restore of the backup files as Nextedge Cloud does not offer file-by-file restoration services. Nextedge Cloud
              reserves the right to charge a restoration fee if you request copies of the backups;

          4. Nextedge Cloud will not attempt any configuration or setup of DNS, firewalls, web server, etc.; and 

          5. Nextedge Cloud will attempt basic diagnostics upon Subscriber’s request. 

          6. Nextedge Cloud does not offer in-depth manual diagnostics as part of the Service. Subscriber may
              contact Nextedge Cloud Professional Service to inquire about additional support offerings.         

 3. Virtual Private Servers (VPS), Dedicated Servers, and Shared Reseller.

                     1. cPanel Accounts.

                                       1. Nextedge Cloud reserves the right to restrict the number of cPanel accounts
                                          and/or terminate any excessive cPanel accounts as determined in
                                          Nextedge Cloud’s sole discretion.

                                      2. Customers who exceed Nextedge Cloud’s limit for cPanel accounts may be
                                          charged for additional cPanel accounts.

     18. Marketing Credits.

Some Nextedge Cloud hosting plans include free marketing credits offered by third party vendors that can be redeemed by customers located in the United States only. Additional terms and conditions apply: Full terms and conditions for Google Ads can be found here.

    19. Parked Domain Services.

By registering for the Services you agree that Nextedge Cloud may point your domain name or DNS to one of Nextedge Cloud’s or Nextedge Cloud’s affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for Nextedge Cloud to display Parked Pages on your web page you can opt out of such practice. You can opt out of Parked Pages by updating the DNS of the domain name to point to another provider or by changing the default.html file stored on your account

   20. Reseller Program.

1. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to a Subscriber participating in a Nextedge Cloud Reseller Program (“Reseller”), including VPS and Dedicated Hosting customers utilizing their account to provide Reseller services:

              1.  shall ensure that each Subscriber signed up by the Reseller complies with the  
                  terms and conditions of this Agreement. 

              2. Reseller cannot make any modifications to this Agreement. Any such
                  alterations shall be deemed a violation of this Agreement and could result in   
                  the cancellation of Reseller’s accounts. Nextedge Cloud is not responsible for any 
                  modifications made to this Agreement by Reseller.

              3. In the event that a Subscriber signed up by a Reseller is determined to be in
                  violation of this Agreement, the Reseller shall, upon receipt of notice of the
                  violation, take prompt action to ensure that the account in question is updated
                  to be in full compliance with this Agreement. In addition, Nextedge Cloud, in its sole
                  discretion, reserves the right to take action directly if Reseller fails to do so.

              4. Nextedge Cloud is not responsible for the acts or omissions of Resellers. The Reseller
                  hereby agrees to indemnify Nextedge Cloud from and against any and all claims made
                  by any Subscriber or third party arising from the Reseller’s acts or omissions.

              5. Nextedge Cloud reserves the right to revise its Reseller Program at any time. Changes
                  will take effect when posted online or on any date as set forth in a notice
                  provided by us.

              6. Resellers assume all responsibility for billing and technical support for each of
                  the Subscribers signed up by the Reseller. Nextedge Cloud reserves the right to refuse
                  inquiries made to customer support from Subscribers signed up by a Reseller.

21. Technical Support Services.

         1. Except as described otherwise stated below, Nextedge Cloud will provide technical support via
            chat and phone for the Services (“Technical Support Services”). You will be required to
            provide as much information as possible to aid our investigation into any issues or
            problems. By utilizing Nextedge Cloud’s Technical Support Services, you grant Nextedge Cloud
            permission to access your account, if necessary, to resolve your issue. You agree that
            Nextedge Cloud and its agents and employees are not liable for any damage resulting from the
            provision of customer support. 

         2. Ineligibility for Technical Support Services. Nextedge Cloud will not provide Technical Support
             Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support
             Services is due to (i) any modification or attempted modification of the Services by you
             or any third party outside of Nextedge Cloud’s control, or (ii) your failure or refusal to implement
             changes recommended by Nextedge Cloud; or (c) you are abusive toward our staff in any
             manner.

         3. VPS and Dedicated Servers. Nextedge Cloud will provide a default operating system installation
             on the dedicated server hardware that permits super-user server access to our support
             staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this
             server access, Nextedge Cloud’s ability to provide technical support to the Subscriber may be
             severely limited.

22. Disclaimer.

You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Nextedge Cloud exercises no control over, and accepts no responsibility for, the content of the information passing through Nextedge Cloud’s host computers, network hubs and points of presence or the Internet.

23. Limited Warranty.

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” Nextedge Cloud AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “Nextedge Cloud PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE Nextedge Cloud PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE Nextedge Cloud PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY Nextedge Cloud OR Nextedge Cloud’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Nextedge Cloud DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Nextedge Cloud DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Nextedge Cloud IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

24. Limitation of Liability.

  1. Nextedge Cloud SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE Nextedge Cloud PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Nextedge Cloud IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
  2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Nextedge Cloud’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Nextedge Cloud FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Nextedge Cloud’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.