Establishing an account, placing an order, enabling automatic payments, or utilizing any Nodesty service constitutes acceptance of these Terms of Service. (Last Updated: 13/07/2026)
1.1: This Terms of Service Agreement (hereinafter referred to as the 'Agreement' or 'Terms') constitutes a legally binding contract between Nodesty LLC (hereinafter referred to as the 'Company', 'Nodesty', 'we', or 'us') and the individual or entity establishing an account, placing an order, activating automatic payments, or otherwise utilizing any services provided by the Company (hereinafter referred to as the 'Customer' or 'you').
1.2: By establishing an account, submitting an order, enabling automatic recurring payments, or utilizing the Services, the Customer hereby accepts and agrees to be bound by all the terms, conditions, and notices contained or referenced in this Agreement, and warrants that all registration information submitted is complete, accurate, and current.
1.3: The Customer represents that they have the legal capacity to enter into and perform this Agreement. If the Customer is acting on behalf of a legal entity or a third party, the Customer represents, accepts, and warrants that they are authorized to bind that person to this Agreement.
2.1: The Company offers virtual servers (VPS), dedicated servers, web hosting, and email hosting (individually and collectively, the 'Services'). The specific technical parameters, resource allocations, geographic locations, billing cycles, and any service-specific conditions are set forth on the respective product page, order summary, or customer portal.
2.2: All orders are subject to credit card validation, fraud prevention screening, compliance reviews, capacity availability, and acceptance by the Company. Provisioning timelines provided by the Company are estimates only, and the Company shall have no liability for provisioning delays unless otherwise set forth in a separate written Service Level Agreement (SLA).
3.1: The Customer assumes sole responsibility for safeguarding all account credentials and passwords, maintaining a current and valid primary contact email address, and for all activities occurring under the Customer's account. The Customer shall notify the Company immediately of any suspected unauthorized access or security breach.
3.2: The Customer is solely responsible for all content, applications, databases, websites, email transmissions, and activities hosted on or conducted through the Services, and shall ensure full compliance with all applicable local, state, federal, and international laws. The Customer shall not use the Services to access unauthorized networks or data, and shall not resell or sub-license the Services without the prior written consent of the Company.
3.3: The Customer may close their account at their own request. Upon your request, we may close your account; in such a case, your account and all Services attached to it are fully closed, and the Customer is not granted the right to re-access the closed account.
3.4: Notwithstanding the closure of the account, Nodesty reserves the right to retain the Customer's data for a minimum of one (1) year and a maximum of two (2) years in order to be able to transmit your information to legal authorities in the event that a legal process arises, upon requests from competent authorities, or for the fulfillment of legal obligations. During this period, the data is retained solely for transmission to legal authorities and in accordance with applicable legislation; it will not be used for any other purpose.
3.5: Following the expiry of the retention period (at the latest at the end of the second year), your data is completely and irreversibly deleted from our system.
3.6: Regardless of whether your data has been deleted, you may not open a new Nodesty account with the existing email address associated with the closed account. Nodesty reserves the right to reject new account and service requests made in this scope.
4.1: Fees for the Services are specified at checkout, in the order summary, or on the respective invoice, denominated in TRY, USD, or EUR. All fees are exclusive of applicable sales tax, VAT, GST, or other governmental levies, which shall be paid by the Customer where applicable. The Customer shall bear all currency conversion fees, bank charges, or transaction processing fees imposed by financial institutions.
4.2: Acceptable payment methods include credit/debit cards via Stripe, pre-funded Nodesty account balances, bank transfers, or Wise transfers as detailed in the customer portal. Bank transfers require the corresponding invoice reference and shall remain pending until confirmed and cleared. In-person or cash payments are strictly prohibited.
4.3: The Customer shall pay each invoice in full on or before the designated due date. Failure to pay any invoice when due may result in the restriction, suspension, cancellation, or termination of the affected Services. The Customer shall be liable for all reasonable collection costs and legal fees incurred by the Company in enforcing payment.
4.4: Prices may increase or decrease over time based on factors such as infrastructure and energy costs, licensing and software fees, currency fluctuations, taxes, and market conditions. Nodesty does not undertake to separately notify the Customer of every price increase or decrease. Current and applicable prices are published on the relevant product page, at checkout, and in the customer portal. The Customer is responsible for monitoring the prices of their Services and for reviewing the current pricing before continuing or renewing a Service. Unless expressly stated otherwise, price changes apply from the billing period following the date on which the change is published.
5.1: The Customer may opt to enable automatic recurring payments for individual Services. By enabling automatic payments, the Customer hereby authorizes the Company to automatically charge the Customer's registered credit card or deduct from the Customer's pre-funded account balance to pay outstanding invoices in accordance with the billing cycle.
5.2: Active Services may be eligible for early renewal via the customer portal. Renewals are processed and take effect only upon full payment of the renewal invoice. Failure to pay a renewal invoice prior to expiration may result in cancellation. Automatic payment authorization does not construct an independent contract renewal beyond the specific invoice or Service term shown in the account.
6.1: Service upgrades and downgrades are subject to hardware availability, compatibility, technical migration requirements, and the pricing presented to the Customer prior to execution. Modifying a Service configuration may result in temporary downtime, re-provisioning, or the loss of data that exceeds the new allocation limits.
6.2: Modifications to dedicated server configurations require manual review and support ticket submission. The Company reserves the right to modify, replace, or discontinue products, features, or specifications for future terms, subject to providing reasonable notice as required by applicable law.
7.1: The Customer shall comply with the Fair Use Policy (FUP) and all product-specific guidelines, which are incorporated into this Agreement by reference. These guidelines govern resource consumption, network traffic, cryptocurrency operations, proxy/VPN setups, disk I/O, email volume, and any conduct that may degrade network performance or impact other subscribers.
7.2: The Company reserves the right to investigate credible abuse complaints or suspected violations of this Agreement. The Company may remove unlawful content, restrict system resources, or suspend Services. Where commercially reasonable, the Company will notify the Customer and provide an opportunity to cure; however, the Company may suspend or terminate Services immediately and without prior notice in cases of security threat, fraud, severe abuse, or legal mandate.
8.1: All intellectual and industrial property rights in and to Nodesty's trademarks, logos, trade names, software, interfaces, documentation, and infrastructure belong to Nodesty LLC or its respective licensors. The Customer is granted only a limited, non-transferable, and non-exclusive right to use the Services.
8.2: Rights in the content, data, and applications hosted by the Customer on the Services remain with the Customer. By hosting such content, the Customer grants Nodesty the limited license necessary to host, back up, and technically process it.
8.3: Hosting third-party copyrighted material without the rights holder's permission is prohibited. Rights holders may submit infringement notices in writing through Nodesty's official communication channels.
8.4: Upon receipt of a valid infringement notice, Nodesty has the right to remove the relevant content or block access to it. The Customer owning the content may submit a counter-notification.
8.5: For accounts found to have repeatedly infringed copyright, not only the affected Services but the Customer's entire account may be suspended or terminated.
9.1: Nodesty provides its services globally. When using the Services, the Customer must comply with the applicable laws of their own country and all applicable international regulations, including export controls and economic sanctions.
9.2: The Customer represents and warrants that they, their officers, and any third parties using the Services on their behalf are not on any national or international sanctions lists and are not located in or associated with any prohibited country or person.
9.3: In the event of a breach of these representations, Nodesty reserves the right to suspend or terminate the Service without prior notice.
10.1: The Customer is solely responsible for maintaining independent, off-site backups of all Customer data. Any backup, snapshot, or restore utility provided by the Company is offered as an auxiliary service, and the Company makes no warranties that backups will be complete, uncorrupted, or recoverable.
10.2: For virtual servers, backup restoration processes may overwrite existing active data. The Company is under no obligation to perform manual data recovery. Any custom recovery services shall be subject to pre-approved hourly rates. Upon Service expiration, cancellation, termination, or account deletion, all hosted data will be permanently deleted in accordance with the Company's data retention policies.
11.1: The Company reserves the right to suspend, restrict, or terminate Services for nonpayment, fraud, security risk, material breach, illegal activity, FUP violation, or to comply with law enforcement. Suspension of email services will block access to mailboxes and suspend mail delivery.
11.2: The Customer may request Service cancellation via the customer portal or support system. Dedicated server cancellations are subject to verification. Refund eligibility, exclusions, and processing methods are governed strictly by the Delivery and Refund Policy. Approved refunds may be issued to the original payment method or credited to the account balance; no refund is guaranteed for accounts terminated due to policy violations, abuse, or fraud.
12.1: Prior to initiating any formal chargeback, dispute, or payment reversal with a bank, credit card issuer, or payment processor, the Customer is required to first contact Nodesty support to seek an amicable resolution and allow a reasonable timeframe for investigation.
12.2: In the event that a chargeback, payment reversal, or dispute is initiated with Nodesty or its payment processors (including Stripe), Nodesty reserves the right to immediately suspend, restrict, or lock the affected Service and/or any or all active Services associated with the Customer's account without prior notice.
12.3: When a dispute or chargeback is lodged, any dispute fees, administrative costs, or penalty charges assessed against Nodesty by financial institutions or payment processors, along with the disputed transaction amount, will be assessed and applied directly to the Customer's account as a negative balance (debt). The Customer agrees to fully satisfy and pay any such negative balance and administrative expenses.
12.4: For frivolous, bad-faith, or unauthorized chargebacks initiated without prior support notice, Nodesty reserves the right to terminate the Customer's account, permanently revoke access to the customer portal, and prohibit the Customer from procuring future Services from Nodesty.
12.5: Services suspended or terminated due to payment disputes may be permanently purged along with all associated virtual machines, databases, backups, and storage upon expiration of standard retention periods. Nodesty assumes no liability whatsoever for any data loss resulting from dispute-related suspensions or account terminations.
12.6: Reactivation of suspended Services or accounts is contingent upon the Customer providing official proof that the dispute has been formally withdrawn with the issuing bank or payment provider, as well as the full settlement of the disputed amount, any negative balance, and all associated dispute and administrative fees.
12.7: Nodesty reserves the right to initiate legal proceedings, collections, and report fraudulent or bad-faith chargebacks to relevant fraud prevention registries, credit bureaus, and law enforcement authorities.
13.1: The Customer agrees to indemnify Nodesty LLC, its affiliates, directors, and employees against any third-party claims, actions, damages, administrative penalties, and reasonable attorney's fees arising from content and applications hosted by the Customer, the use of the Services, or any breach of this Agreement.
13.2: Nodesty will notify the Customer of any such claims brought against it; the Customer shall reasonably cooperate in the defense.
14.1: THE SERVICES ARE PROVIDED ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF DATA LOSS.
14.2: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NODESTY LLC, ITS AFFILIATES, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL. THE COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER FOR THE SPECIFIC SERVICE GIVING RISE TO LIABILITY DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
15.1: Natural disasters, war, terrorism, epidemics, decisions of public authorities, legal regulations, power and internet infrastructure outages, large-scale cyberattacks (e.g., DDoS), outages caused by data centers or upstream/subcontractors, and other events beyond reasonable control shall be deemed force majeure.
15.2: In the event of force majeure, Nodesty is temporarily released from performing its obligations and shall not be liable for service interruptions during that period. Planned maintenance, outage, and service status notifications are published at status.nodesty.com.
16.1: The Company may amend this Agreement at any time for future terms. Material modifications will be posted on the website with the effective date and, where appropriate, communicated via the Customer's registered email or portal. Continued use of the Services after the effective date constitutes acceptance of the amended Terms.
16.2: All notices, demands, or communications from the Company will be sent to the primary email address in the Customer's account or posted in the customer portal. The Customer agrees that electronic communications satisfy all legal requirements for written notice. Marketing emails are subject to opt-out preferences defined in the Privacy Policy.
17.1: This Agreement and any dispute arising out of or related to it shall be governed by, and construed in accordance with, the laws of the State of Delaware, United States, without regard to its conflict of laws principles. The state and federal courts located in Delaware shall have exclusive jurisdiction over any disputes arising under this Agreement, and the Customer hereby consents to the personal jurisdiction of such courts.
17.2: Any inquiries or notices regarding this Agreement or the Services must be directed to Nodesty LLC through the customer portal ticket system or via the official contact information published on nodesty.com.
