Nexril | Terms of Service

Terminology

The following terminology applies to these Terms and Conditions:
- "Client", "You" and "Your" refers to you, person accessing this website and accepting the Company’s terms and conditions.
- "The Company", "Nexril", "Our", "We" and "Us", refers to our Company, Corex Solutions LLC D.B.A. Nexril.
- "Party", or "Parties", refers to both the Client and ourselves, or either the Client or ourselves.
Upon registration, you are required to agree to Nexril's Terms of Service. Nexril reserves the right, at our sole discretion, to modify or update any policies or legal documentations. By continued access to this site and/or use of our services, you are consenting to these terms.
Orders, Payments, Refunds and Cancellations
1. We reserve the right to suspend, cancel or terminate any product and or service with or without reason. We are not responsible for any data loss related to the termination of products and or services.
2. We offer a 7-day refund policy for new Clients only on virtual private server (VPS) hosting services. A Client is only eligible under this policy if (a) the Client has never had any previous services with Nexril or (b) the Client has not had an active service with Nexril within the past 180 days. Any refunds made under this policy will be subject to a 5% administrative processing fee with a minimum of $1 USD.
3. Dedicated servers are not eligible for refunds once they have been provisioned. You are entitled to a full refund should your dedicated server not be provisioned within 72 hours after full payment has been received and cleared. Refunds for dedicated servers that have been pending for less than 72 hours may be issued at our sole discretion. Any refunds made for dedicated servers that have been pending for less than 72 hours will be subject to a 5% administrative processing fee.
4. Single-server colocation services may be eligible for a refund if your server has not been racked and provisioned yet. Servers that have been racked and provisioned are not eligible for refunds. Any refunds made for unprovisioned single-server colocation services will be subject to a 5% administrative processing fee.
5. Any chargeback, dispute, or claim filed against us will result in an immediate suspension of all products and or services linked to the Client's account. To reactivate suspended services, the Client must reimburse Nexril for the full value of the chargeback, dispute, or claim; any associated fees Nexril incurred due to the chargeback, dispute, or claim; as well as a $25 USD administrative fee.
6. Invoices for products and services will be generated 14 days before the product's due date. The Client is expected to pay the invoice in full before the expected due date. If the Client is unable to pay, he or she must open a ticket with our billing department to request an extension and avoid having services suspended. Services will be suspended four (4) days after the due date if the invoice remains unpaid, and terminated no later than seven (7) days after the invoice due date if the invoice remains unpaid. Nexril reserves the right to terminate services and remove data associated with any service which has an overdue invoice at any time. If the invoice remains unpaid for five (5) days after the due date, the greater of a 5% or $1 late fee may be applied. Clients are expected to pay this fee regardless of if they wish to continue their services with Nexril.
7. We'll automatically attempt to charge your credit card or PayPal account three (3) days before the invoice due date. You may disable this feature by opening a ticket with our billing department and requesting that automatic card processing be disabled for your account.
8. Clients wishing to cancel their service must submit a cancellation request through the client area no later than five (5) days before the next service due date. Clients who submit a cancellation request after this date may be charged for another billing term.
9. Nexril reserves the right to update pricing throughout all products and invoices regardless of an advisory.
Data Loss and Backups
1. Nexril may incorporate multiple features such as RAID and proactive disk monitoring to mitigate the risk of data loss. However, the Client is ultimately responsible for his or her data stored on Nexril's services. Nexril shall not be held responsible for any data loss, regardless of cause.
Liability
1. Nexril shall not be held liable for any damages, including but not limited to downtime or data loss, incurred by the Client through the use of Nexril's services. Nexril's maximum combined liability to a Client for any service shall be 100% of the service's fee for that specific month.
2. Should the Client fail to comply with any terms of service policies and or other legal documentations, the Client and or services in question are subjected to a suspension or termination accordingly.
Acceptable Use Policy
1. Services with Nexril must only be used for it's intended purpose. Any data in which constitutes as illegal materials within the state of New Jersey; United States is strictly prohibited. Examples of illegal and obscene materials may include but are not limited to; child pornography, pirated software, fraudulent websites, threats, or accessing unauthorized materials within Nexril's servers.
2. The terms 'unlimited' or 'unmetered' does not truly define unlimited. Nexril's servers reserve and split and distribute resources evenly among all Clients. Nexril reserves the right to shut down, suspend, or terminate a server found to be using an excessive amount of resources including but not limited to storage space, disk I/O, memory, or CPU usage.
3. The following activities are prohibited on Nexril's servers and network:
  - handling in any way, shape, or form unsolicited bulk, commercial messages ("spam"), or mass messages^†
  - forging, altering, or removing e-mail headers to misrepresent or hide information
  - disrupting the services or performance of any other Client or network
  - sending DoS/DDoS attacks
  - network booters, stressors, or other websites that promote illegal or questionable activities
  - spoofing IP addresses
  - botnets
  - ip/port scanning
  - open proxies, TOR relays, and TOR exit nodes
  - cryptocurrency mining, distributed computing, or other CPU-intensive tasks^*
  - Chia plotting with SATA or NVMe SSDs^§
  ^* applies to virtual servers only.
  
  ^§ applies to both virtual and dedicated servers, but not colocation services.
  
  ^† Nexril by default blocks outgoing port 25 on all services to prevent spam. Clients requiring the use of this port may request an unblock by opening a support ticket, subject to approval at our discretion. Nexril may request photo identification, address verification, and/or a refundable deposit to be made before unblocking this port.
4. Due to the global shortage of IPv4 addresses, Nexril will only issue additional IPv4 addresses in accordance with ARIN's NRPM and RFC 2050. Clients requesting larger allocations must fill out our IP justification form (sample) before the allocation will be granted. Nexril reserves the right to reclaim unused or underused resources from a Client at any time.
5. Clients renting dedicated servers must not attempt unauthorized firmware updates or modifications, including, but not limited to, attempting to perform BIOS updates, perform Baseboard Management Controller (BMC/IPMI) firmware updates, or change BIOS/BMC/IPMI settings.
  1. Clients wishing to update their BIOS/BMC/IPMI firmware should contact our support department for the update to be performed by an authorized technician.
  2. Clients who attempt an unauthorized firmware update or modification will be charged up to $100 USD per incident and be subject to immediate account termination.
  3. Clients who attempt an unauthorized firmware update or modification that results in temporary or permanent damage to the dedicated server will be liable for all reasonable damages incurred, including, but not limited to, repair costs and lost revenue, for an amount not to exceed $2,500 USD.
  4. Clients may not change BIOS settings relating to power delivery or system overclocking. All dedicated servers are pre-configured to offer the best possible performance with the installed thermal cooling solution. Changing power delivery or overclocking settings may result in permanent damage to the server.
  5. Clients may not change any BIOS/BMC/IPMI settings or attempt to gain unauthorized access to an administrator-level account.
Uptime Service Level Agreement
1. The Uptime Service Level Agreement defined on this page does not apply to Colocation Clients who have signed the Master Services Agreement.
2. Nexril warrants that its services will be available at least 99.99% of any given month. In the event that services become unavailable for more than 0.01% of any given month, a client may request 1% of that service's monthly bill as account credit for every 5 minutes of additional downtime. No more than 100% of a service's monthly bill may be given for any given monthly billing cycle. Service credit will be awarded for both networking, power, and hardware issues. Clients requesting compensation for downtime must open a ticket with our billing department within seven (7) days of the downtime incident to receive credit.
3. For dedicated servers, Nexril guarantees that failed hardware will be replaced within six (6) hours of receiving notification from the client. Failed hardware that is replaced within the SLA window is not eligible for service credit. Failed hardware that is replaced outside of the SLA window is eligible for 1% service credit for every 5 minutes over the SLA window.
4. Networking issues resulting from DDoS or DoS attacks targeted at a Client's services are not eligible for service credit under any circumstances. Nexril may null route the service's IP address to protect its network from attacks of large magnitude. Downtime resulting from attacks targeting other client's services or Nexril's network, however, is eligible for service credit.
5. Maintenance windows scheduled at least seven (7) days in advance and not exceeding six (6) hours per calendar month are not eligible for service credit. Maintenance windows scheduled less than seven (7) days in advance or exceed six (6) hours per calendar month are eligible for 1% service credit for every additional 5 minutes of downtime.
6. Nexril offers free BGP sessions and IP announcements to dedicated server and single-server colocation Clients. Network disruptions or outages arising from the use of these services are not covered under our SLA.
Colocation Addendum
1. Remote hands requests from colocation Clients may be subject to surcharges as set forth below. We will notify you prior and obtain your consent prior to performing any action that requires a surcharge. By proceeding, you agree to pay any surcharge in its entirety.
2. The Client agrees to waive us from any liability from damage to Client equipment when using our remote hands service. We are not responsible for any damage to Client equipment due to mishandling or other unforeseen circumstances.
3. In the event the Client's colocation service is cancelled or terminated, the Client agrees to immediately vacate all Client equipment from the assigned colocation space. Clients must pay any remote hands fees, listed above, associated with the removal of their equipment.
4. Should a Client not remove his or her equipment within 30 days of service termination, the equipment will be considered abandoned. We reserve the right to immediately remove, discard, and/or liquidate any abandoned equipment. The Client bears the responsibility for any costs associated with removal, disposal, and/or liquidation of abandoned equipment. Any proceeds from potential liquidation will be applied to the Client's outstanding account balance.

Last Updated: May 9^th, 2021