Terms and Conditions

Welcome! Thank you for choosing my VPS node hosting and maintenance services. These Terms and Usage (“Terms”) govern your access to and use of my services. By purchasing or using my services, you agree to be bound by these Terms.

I operate as an individual providing services under Lithuanian “Individuali veikla” (Individual Activity) from Šiauliai, Lithuania.

Important Notice for International Clients (USA, Australia, Canada): You acknowledge that while I am based in Lithuania, you are engaging my services from your respective country. These Terms are drafted with consideration for my location, but certain laws in your jurisdiction, particularly consumer protection and data privacy laws, may apply and might affect the enforceability or interpretation of these Terms. It is strongly recommended that you review these Terms carefully.

1. Service Description

  • Services Provided: I offer Virtual Private Server (VPS) setup and ongoing maintenance services primarily for hosting specific types of nodes. This includes:
    • Initial setup and configuration of the VPS.
    • Operating system (Ubuntu) updates and security patching.
    • Installation and regular updates of the required node software.
    • Regular system restarts as needed to ensure optimal performance.
    • Implementation of security measures on the VPS, including robust password policies for my access and use of multi-factor authentication (2FA) for my administrative systems.
    • Efforts to ensure your node system operates close to 24/7, acknowledging that nodes typically require approximately 6 hours of daily operation to receive full rewards on their respective platforms.
    • Secure storage of necessary operational data (e.g., node software passwords provided by you) using multiple 2FA.
    • A backup system for my server configurations and management scripts.
  • Exclusions & Clarifications:
    • My services are for hosting and maintaining the operational environment for your nodes. I am independent of, and not affiliated with or responsible for, any third-party node-selling platforms or the specific financial outcomes or rewards generated by your nodes on such platforms. My role is to provide a stable hosting environment.
    • I am not responsible for the internet connectivity or uptime of the underlying VPS provider (e.g., Contabo). While I choose reliable providers, outages on their end are beyond my direct control.
    • This service does not include management of your accounts on node-selling platforms or direct interaction with those platforms on your behalf.

2. Customer Responsibilities

  • Accurate Information: You must provide accurate and complete information required for the setup and maintenance of your node(s).
  • Password Management: You are responsible for informing me immediately if you change the password for your node software. Failure to do so may result in your node going offline, for which I am not liable. I typically check for password discrepancies on Mondays and will notify you if an issue is detected.
  • Node Monitoring: You are responsible for monitoring the status of your nodes on the relevant third-party node-selling platforms and informing me if you believe your node is offline or experiencing issues not attributable to a known server provider outage.
  • Payment: You agree to pay the monthly subscription fees for the services subscribed to, in accordance with the Payment Terms (Section 4).
  • Lawful Use: You agree to use the service for lawful purposes only and not to use the VPS for any activity that is illegal, harmful, or violates the rights of others, or that could harm the service or network. (Consider discussing a more detailed Acceptable Use Policy with your lawyer).
  • Account Security on Node Platform: You are required to enable and maintain Two-Factor Authentication (2FA) on your account(s) associated with the third-party node-selling platform where your nodes are registered. This is a crucial step in securing your assets.

3. Provider’s Responsibilities

  • Service Delivery: I will use reasonable skill and care to provide the services as described in Section 1.
  • Security: I will implement and maintain reasonable security measures to protect the VPS environments I manage and any operational data you provide to me (such as node software passwords).
  • Communication: I will communicate with you regarding significant maintenance, detected issues (like password changes), or service disruptions as appropriate.
  • Data Deletion: Upon termination or cancellation of your subscription and settlement of any outstanding dues, I will permanently delete data specifically related to your passwords and unique configurations from my active systems.

4. Payment Terms

  • Fees: Service fees consist of a recurring monthly subscription fee, based on the quantity of nodes you require me to host and maintain.
  • Billing: Monthly subscription fees are payable in advance for the upcoming service period via Stripe payment links.
  • Late Payments/Non-Payment: If a monthly subscription payment is not received, your service may be suspended. Services will be terminated if payment is not received within two (2) weeks of the due date.
  • Refunds: Please refer to our separate Refund & Cancellation Policy. You acknowledge that consumer protection laws in your jurisdiction may provide you with certain refund rights not explicitly stated in that policy, which I will honor where legally required. As subscription fees are paid upfront for service access, and the service involves ongoing operational costs, refunds are generally not provided once a service period has commenced, except as mandated by applicable law.

5. Intellectual Property

  • My Scripts & Software: Any scripts, tools, or software developed or used by me to provide or manage the services are my intellectual property and are not sold or licensed to you. You will not have access to view or manage these proprietary scripts.
  • Your Data: You retain all intellectual property rights to any data you provide or that is generated by your node software itself.

6. Data Handling & Security (Consideration for US, Australian, Canadian Privacy Laws)

  • My Access: I will access your VPS using secure methods (e.g., SSH with strong, unique passwords).
  • Your Credentials: I will securely store any credentials you provide (e.g., for node software access) using multiple 2FA on my systems, for the sole purpose of providing the services.
  • Provider Liability (Contabo): I am not liable for any data loss or service interruptions caused by the VPS provider (e.g., Contabo). You acknowledge that your data resides on their infrastructure. While I operate backups of my configurations, direct recovery of your node’s dynamic data from a Contabo-level failure is subject to Contabo’s own terms and capabilities.
  • Privacy: I am committed to protecting your privacy. Personal information collected (such as your name, email, and payment information) will be used to provide services, for billing, and for communication with you. Please be aware of your rights under relevant data privacy laws in your jurisdiction (e.g., CCPA/CPRA in California, Australian Privacy Act, Canadian PIPEDA). You should consult with legal counsel for a full understanding of how these laws apply.

7. Term and Termination

  • Term: This agreement is effective from the date you sign up for services and continues on a month-to-month basis for subscriptions until terminated by either party.
  • Termination by You: You may cancel your monthly subscription as per the Refund & Cancellation Policy. Service will continue until the end of the current paid billing cycle.
  • Termination by Me: I may suspend or terminate your service:
    • If you fail to make payment for your subscription within two (2) weeks of the due date.
    • If you breach any material term of this agreement.
    • If your use of the service is illegal or poses a security risk to others.
    • I will provide notice of termination where feasible.
  • Effect of Termination: Upon termination, your access to the services will cease. I will delete your operational data (passwords) as outlined in Section 3.

8. Limitation of Liability & Disclaimer of Warranties (Subject to Local Consumer Laws)

  • Disclaimer: Except as expressly provided in these Terms, the services are provided “as-is” and “as-available.” To the maximum extent permitted by law in your jurisdiction, I make no other warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Some jurisdictions (like Australia under the ACL, or various US states) do not allow the exclusion of certain implied warranties, so these exclusions may not fully apply to you. You acknowledge that my service is to host nodes, and I am not responsible for the functionality, rewards, or market value of the nodes themselves, nor for the platforms on which they operate.
  • No Guarantee of Uninterrupted Service: While I strive for near 24/7 uptime for the node systems, I do not guarantee that the service will be uninterrupted, error-free, or completely secure. You acknowledge that service may be affected by factors beyond my control, including issues with the VPS provider (Contabo), the internet, or the specific node platforms.
  • Liability for Password Changes: I am not liable for any downtime or issues arising from your changing of node software passwords if you have not informed me, or before I have had a reasonable opportunity to update the system (e.g., prior to the weekly Monday check).
  • Maximum Liability: To the maximum extent permitted by law in your jurisdiction, my total liability to you for any claim arising out of or relating to these Terms or the services, whether in contract, tort, or otherwise, will be limited to the amount of fees you paid to me for the specific service period during which the event giving rise to the claim occurred (e.g., one month’s subscription fee). This limitation may not apply if deemed unenforceable under your local consumer protection laws.
  • Indirect Damages: In no event will I be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) arising out of or relating to your use of the services, unless such liability cannot be excluded under applicable law.

9. Governing Law and Dispute Resolution

  • Preamble for this Section: Choosing an appropriate governing law and dispute resolution mechanism is complex when providing services internationally, especially to clients in the USA, Australia, and Canada, which have strong local consumer protection frameworks. The provisions below represent one approach, but it is imperative you consult with a legal professional experienced in international business and the laws of your clients’ jurisdictions before finalizing these terms.
  • Attempt at Governing Law: These Terms shall, to the extent legally permissible in your jurisdiction, be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law principles. However, this choice of law may not override mandatory consumer protection provisions in your country of residence.
  • Amicable Resolution: We agree to first attempt to resolve any disputes amicably through direct communication for a period of at least thirty (30) days.
  • Dispute Resolution Options :
    • If amicable resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with [Choose an arbitration body and rules, e.g., the UNCITRAL Arbitration Rules, or a specific online arbitration service]. The place of arbitration shall be [e.g., a neutral location, or online]. The language of the arbitration shall be English.
    • Notwithstanding the above, you may be entitled to bring a claim in a small claims court or equivalent consumer tribunal in your jurisdiction of residence, where such rights are provided by local law and cannot be waived.
    • Alternatively, and as a last resort if other methods are not applicable or fail, disputes may be submitted to the exclusive jurisdiction of the courts located in Šiauliai, Lithuania. You acknowledge this may be an inconvenient forum.
  • Legal Consultation Strongly Advised: The enforceability and appropriateness of any dispute resolution clause for your client base in the USA, Australia, and Canada require careful legal consideration. Factors include cost, enforceability of judgments/awards, and local consumer rights.

10. Modifications to Terms

  • I reserve the right to modify these Terms at any time. If I make changes, I will provide notice, such as by sending an email or otherwise communicating the changes to you, at least 14 days before they take effect. Your continued use of the services after such notice and the effective date of changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

11. Contact Information

support@nodec.digital