Terms of Service

1. Definitions
   
   The following terms shall have the meanings set forth below:
   
   "NivaCity services": Refers to all services provided by NivaCity.
   "User": Refers to the individual or entity using NivaCity services.
   "Applicable Laws": Includes all relevant local, state, and federal laws.
   
   
2.  Acceptance of Terms
   
   By using or accessing NivaCity services, the user agrees to abide by the terms and conditions outlined in this policy.
   
   
3. Compliance with Applicable Laws
   
   Users must use NivaCity services in accordance with all Applicable Laws. NivaCity reserves the right to cooperate with law enforcement agencies if an account is used in violation of such laws.
   
   
4. Acceptable Use Policy
   
   Users agree to adhere to the Acceptable Use Policy of any network they connect to, including the NivaCity system.
   
   
5. Liability Disclaimer
   
   Neither NivaCity nor its Information Providers are responsible for damages arising from the user’s use of NivaCity products or service unavailability.
   
   
6. Intellectual Property
   
   Users affirm that material submitted for publication on NivaCity does not violate any intellectual property rights. Users may not host certain content on shared or reseller servers.
   
   
7. Netiquette Violations
   
   Certain violations of "netiquette" may result in suspension or termination of accounts, including posting off-topic articles or engaging in unsolicited mass emailings.
   
   
8. Resource Usage
   
   Users must not exceed specified resource limits. NivaCity reserves the right to suspend or recommend alternative solutions for accounts overusing resources.
   
   
9. Backup Policy
   
   While NivaCity performs backups, users are responsible for critical data backups. NivaCity does not guarantee data restoration and encourages users to have separate backups.
   
   
10. Support Treatment / Expectations
    
    As a budget provider, we heavily rely on automation for basic functions, and manual interventions may take time, especially for non-critical issues that don't affect service functionality. We emphasize the importance of respectful communication. Threats, rudeness, or the use of chargeback/payment disputes to escalate low-priority issues (that don't impact service functionality) will not be tolerated. In such cases, after a warning or notification, immediate account termination may occur.
    
    
11. Refusal of Service
    
    We reserve the right to refuse, cancel or suspend service, at our sole discretion.
    
    
12. Inode Limits
    
    Accounts exceeding inode limits may be warned, suspended, or terminated. Users must manage inodes, and excessive file creation may lead to account review.
    
    
13. Prohibited Services
    
    Free services such as web hosting, email services, blogging, and file hosting are prohibited. Violation may result in account suspension.
    
    

14. NO SPAM; LIQUIDATION DAMAGES

    (a) No Spam. We strictly prohibit the transmission of spam and will take appropriate action to address any issues. Spam, for the purposes of this policy, includes but is not limited to Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax). To use our products and services, you must comply with all applicable laws, including the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act.

    If we determine that your account, products, or services are associated with spam, we reserve the right to suspend or cancel any account, website hosting, domain registration, email boxes, or other applicable products or services. At our sole discretion, we may request your commitment to cease sending spam by responding to our notification. We encourage customers and email recipients to report suspected spam to us via email at [email protected] or at https://abuse.nivacity.com.

    (b) Service Termination for Spam Violations. You acknowledge that we may immediately terminate any account that, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

15. Accurate Information
    
    Customers are required to provide accurate billing information on registration and maintain accurate billing information in our billing portal. Failure to provide accurate information will lead to account suspension, up to account termination.
    
    
16. Payment Issues
    
    Users are responsible for timely payment. NivaCity may suspend access for delinquent payments or credit issues. Non-payment may result in service termination.
    
    
17. Cancellation & Refunds
    
    Users may cancel accounts through the client portal. Cancellation requests must be made directly through the portal. Under normal circumstances, we do not offer refunds. However, in cases where our service significantly fails to meet expectations, we might, at our sole discretion, consider offering refunds. Refund requests should be submitted by opening a ticket in the NivaCity Portal, including providing details about the issues faced or any troubleshooting steps taken. Please note that no pro-rated refunds for account cancellations are provided. Account cancellations may take up to 72 hours to process, and users are encouraged to plan accordingly.
    
    
    
18. Governing Law
    
    This agreement is governed by the laws of Johannesburg, South Africa. Any disputes shall be resolved in Johannesburg's courts.
    
    
19. Modification of Terms
    
    NivaCity reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
    
    
20. Automatic Renewal
    
    This agreement, user account, contract, and billing will automatically renew unless cancelled in writing before the renewal date.