Terms of Service
Symbionetwork LLC (“Us”, “We”, “the Company”) enters into this agreement with the Client (“Customer”, “Client”, “You”).
Symbionetwork LLC offers a variety of services to customers that include hosting services; such as shared, VPS, and dedicated hosting; domain name registration; security solutions such as VPN services and website security monitoring; and others. Collectively, these are referred to as “Services.” Customers may browse, purchase services, and find information about Symbionetwork LLC through its website, symbionetwork.com, hereby referred to as the “Website.”
Your use of the Services and the Company’s website are governed by this agreement and others as outlined herein. Use of our Services constitutes acceptance of these Terms of Service, the Privacy Policy, and the Service Level Agreement, where applicable. The Company will promptly notify you of any changes to this or any policy. Your continued use of the Services constitutes acceptance of any changes.
Account Information
Upon initial purchase, you agree to provide accurate, complete, and current information as requested during the account creation process. You understand that it is your responsibility to maintain and update this information to ensure it is accurate, complete, and current. Any losses as a result of inaccurate information is wholly the responsibility of the Customer.
Providing false information during account creation is a violation of these terms and any payments made in connection with an account that has been created using false information will be subject to cancellation without refunds or reimbursements. However, we will attempt to work with you to correct any errors in account information before any suspension or cancellation occurs.
You agree and understand that information provided during the account creation process is subject to these terms and the Company’s Privacy Policy.
Security
While Symbionetwork LLC seeks to promote the security and privacy of its clients, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and any Services. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Symbionetwork LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Symbionetwork LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Use of Services
Symbionetwork LLC takes significant measures to ensure the reliability and security of its servers and services. In the event that a client engages in any activity that results in damage to Symbionetwork LLC’s servers or services, including but not limited to unauthorized access, malicious software installation, or any other actions that impair the performance, security, or integrity of our systems, the client agrees to bear the full responsibility for all costs associated with the repair, restoration, or rectification of such damages.
This includes, but is not limited to, costs incurred for technical support, system restoration, software updates or patches, hardware replacement, and any other resources necessary to address the damage caused.
Symbionetwork LLC reserves the right to charge the client’s account for these costs and expenses without prior notice. Such a charge will be considered a fee in accordance with the Terms of Service. Additionally, such actions may result in immediate suspension or termination of services as outlined in these Terms of Service.
By using our Services, you acknowledge and agree that any actions leading to damage of Symbionetwork LLC’s servers or services are considered a breach of this agreement and may result in legal action or pursuit of damages beyond the cost of repair, if deemed necessary by Symbionetwork LLC.
Symbionetwork LLC provides additional services for its clients at an additional cost. These services and their costs are defined in the Fee Schedule.
Support and Service Modification
By submitting a support ticket to Symbionetwork LLC for assistance with your services, you grant Symbionetwork LLC permission to access, modify, edit, and reconfigure your server as necessary to provide the requested support. This may include, but is not limited to, adjusting server settings, installing necessary software updates or patches, and troubleshooting performance issues.
Symbionetwork LLC will make reasonable efforts to inform you of any changes made to your VPS during the course of providing support. However, you acknowledge that certain modifications may be essential to resolve technical issues or ensure the security and stability of your services. This permission is granted solely for the purpose of delivering support services.
Symbionetwork LLC reserves the right to modify, edit, reboot, or reconfigure a client's services without express permission, when deemed necessary for maintenance, security, or operational reasons. We will make reasonable efforts to notify you in advance of any planned modifications that may affect your Services.
Colocation Agreement
Colocation services provided by Symbionetwork LLC are subject to a minimum 12-month agreement. Clients opting for colocation services agree to maintain the service for the duration of this agreement unless otherwise specified in writing.
Early cancellation of colocation services will incur a fee, calculated based on the monthly colocation service charge. In the event of cancellation of colocation services, Symbionetwork LLC is not responsible for any data loss or data recovery. It is the client’s responsibility to ensure adequate backup procedures are in place prior to cancellation to prevent data loss.
Rent to Own Option and Agreement
Symbionetwork LLC offers dedicated servers with a Rent to Own (RTO) option, which clients may opt into. Symbionetwork LLC suggests that clients reach out to support prior to selecting this option if they wish to see a specification sheet of the server(s) in question. This option adds a monthly fee for a term of either 6 or 12 months. At the end of the term, the rented server becomes the property of the client. When this occurs, the dedicated server rental agreement is terminated, and the client must enter into a colocation agreement with Symbionetwork LLC to continue using the server. Alternatively, the client may choose to pay deracking and shipping fees if they do not wish to colocate with Symbionetwork LLC. Symbionetwork LLC is not responsible for deracking and shipping costs associated with this conversion.
The Rent to Own agreement is non-modifiable once selected and the first payment is made. Payments made during the RTO agreement do not constitute equity in the hardware. Symbionetwork LLC retains full ownership rights until the RTO agreement concludes. If a client wishes to cancel their RTO agreement before the end date, they may do so by submitting a ticket requesting cancellation. In the event of a cancellation, whether through violation of these terms or by voluntary request from the client, the client forfeits any amounts paid towards the RTO agreement and is not entitled to any refunds or credits.
Payments and Refunds
Symbionetwork LLC’s goal is to empower businesses and individuals alike with cutting-edge solutions that redefine online experiences. We make every effort to ensure that services are as described and fully functional. In the event an incident occurs that prevents Symbionetwork LLC from fulfilling our obligations for a period in excess of 120 hours, we will offer a prorated refund and cancellation for the remaining days left in the billing cycle at your request. Any failure to fulfill our obligation for less than 120 hours will be subject to the Service Level Agreement.
Symbionetwork LLC appreciates that clients may discover that services purchased do not fit the needs of the client. As a result, we offer
a 14-day refund policy for shared web hosting services. We offer a 7-day refund
policy for unmanaged KVM instances. We also offer a 7-day refund policy for dedicated servers, though this refund will be returned in the form of an account credit to be used on any product or service we offer. Refunds are available
for new services for new clients on their initial purchase. Subsequent
purchases are not eligible for a refund. Requests for refunds for ineligible purchases may be denied at our discretion. We do not offer any refunds on
services sold by Symbionetwork LLC but fulfilled by a third party, such as NordVPN.
We also do not offer refunds on any domain name registrations.
Clients who violate these terms or any other terms of Symbionetwork LLC, whether willfully or through negligence, are not eligible for any refunds. Clients who violate these terms for reasons other than willful or negligent violations and make a good faith effort to correct the error will remain eligible for refunds.
Services may be cancelled by the client at any time, but it is your responsibility to ensure automatic payments are also cancelled. Symbionetwork LLC may, at its discretion, provide a refund for any overpayments or payments for cancelled services, but it is under no obligation to do so. In the event Symbionetwork LLC opts to refund you for an overpayment or payment for cancelled service, it may, at its discretion, charge a 10% refund fee to cover transaction fees passed to Symbionetwork LLC. In the event overpayments and payments for cancelled services are not refunded, any balance will be added to your account as a credit for use on any service we offer.
Domain name registrations are typically for a single year. Any promotions that include free registration of a domain name assume a commitment of one year for the related service. In the event of early cancellation, we may prevent you from using your domain name unless you pay the cost of the domain name registration incurred by the Company. If you desire to continue using your domain name after cancellation, you must submit a ticket before you cancel your service.
Symbionetwork LLC reserves the right to initiate payment of an invoice as soon as the invoice is generated, typically 7 days prior to the due date, for any charges assessed that are part of the terms of service. This includes but is not limited to service charges, late fees, and abuse fines. Cancellation requests must be submitted prior to the generation of an invoice. Any cancellation requests received after an invoice has been generated will not be honored for that billing cycle and will be applied to the subsequent billing cycle.
Cancellations and Late Payments
You may cancel your services at any time. Requests for cancellation can be sent to [email protected] or submitted via ticket through the client portal. All cancellations must be made within 7 days of a service’s renewal date. A refund request must be made in accordance with this policy for any clients wishing to request a refund.
In the event that we are unable to collect payment from your saved payment method, we will promptly notify you by email to update your payment method. All invoices must be settled by the designated due date indicated on the invoice. Should an invoice remain unpaid beyond this date, we will provide daily notifications via email until the payment is received. If an invoice remains unpaid following the due date, services will be temporarily suspended, and a late fee of 20% will be applied to the invoice to resume services. After a period of 7 days of non-payment, services will be permanently terminated, and any data stored on these services will become irrecoverable.
We strive to ensure that our clients are taken care of. If you have questions or concerns about making a payment, please reach out to us before an invoice becomes past due so that our support team can reach an amicable solution.
Promotions
Symbionetwork LLC often provides promotional offers for new and existing customers. Each promotional offer will have its own terms and conditions. Questions regarding any specific promotional offer can be directed to [email protected].
Custom Quotes
Symbionetwork LLC may, at its sole discretion, provide a custom quote to meet the needs of a prospective Client. This may include customized services, discounted rates, or both. Any services purchased in connection with a custom quote will be considered a promotional offer for the purposes of these terms and will not be eligible for a refund.
Service Area
Though Symbionetwork LLC is always looking for avenues to expand, we currently serve only the United States and its territories. Using a VPN to circumvent our service area will be considered providing inaccurate information for the purposes of these terms, and services may be cancelled without a refund. If you are outside of our service area and would like to inquire on the status of your country, please contact us at [email protected].
Links to Third Party Sites/Third Party Services
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Symbionetwork LLC and Symbionetwork LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Symbionetwork LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Symbionetwork of the site or any association with its operators.
Certain services made available via the Website are delivered by third party sites and organizations. By using any product, service, or functionality originating from the symbionetwork.com domain, you hereby acknowledge and consent that Symbionetwork LLC may share such information and data with any third party with whom Symbionetwork LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of Symbionetwork LLC’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and Services strictly in accordance with these terms of use. As a condition of your use of the Website and Services, you warrant to Symbionetwork that you will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Website or Services in any manner which could damage, disable, overburden, or impair the Website or Services, or interfere with any other party's use and operability of the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Website and Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Symbionetwork LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Your use of the Website or Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Symbionetwork LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Symbionetwork LLC or our licensors except as expressly authorized by these Terms of Service.
The following content and activities are expressly prohibited by Symbionetwork LLC: Bypassing promotional offer rules; distribution and storage of unlawful, pirated, or cracked copyrighted content; lottery and gambling sites; sites advertising or hosting pornographic content; fraudulent sites such as phishing or replica sites; cybersquatting; IP spoofing; port and IP scanning; packet sniffing; brute force programs; intentionally vulnerable software and services; software and services that may cause damage to the hardware or networks of the Company; investment sites; illegal content; promotion of political parties or ideology; spam; any other illegal content; or tools designed to provide or perform any prohibited content or activities. This list is not exhaustive. If you are unsure if your content or activity is prohibited, please contact us at [email protected].
Symbionetwork LLC understands that some of the above prohibited content and activities may have ethical, legal, educational, or open-source applications that may necessitate use and storage for the purposes of penetration testing, network security, or other legal and ethical uses. As such, Symbionetwork LLC may offer, at our discretion, waivers for the engagement in specific prohibited activities or content. To request a waiver, please contact [email protected].
Symbionetwork LLC cooperates with and investigates all abuse complaints in order to ensure the ethical and proper use of its Website and Services. In the event that abuse is reported, and the report is found to be in good faith, an administrative fee of $15.00 will be due and a subsequent investigation will be conducted. Any costs associated with the investigation will be passed on to you. Symbionetwork LLC will notify you of the abuse report and confirmation of prohibited activity. Symbionetwork LLC may, at its sole discretion, cancel or suspend Services or access to the Website or charge an abuse fine of up to $25.00 per occurrence. Abuse fines will be due immediately and may be automatically charged to a payment method on file with Symbionetwork LLC.
In the event that an IP address assigned to you is blacklisted, a $15.00 cleaning fee will be charged to your billing account. In the event an IP subnet assigned to you is blacklisted, or an IP subnet is blacklisted as a result of your use of any IP addresses in that subnet, a $150.00 cleaning fee will be charged to your billing account. In the event of an ASN level ban as a result of your use of Symbionetwork LLC's Website and Services, a $1500.00 remediation fee will be charged to your billing account. Any cleaning and remediation fees charged are payable immediately. You authorize us to use any available payment method on your account to recover these fees.
Collections
Balances remaining after cancellation of services, whether voluntary or as a result of violation of these Terms of Service, are still due. You authorize Symbionetwork LLC to submit unpaid invoices to collections, discharge unpaid balances to a collection agency, and attempt payment with payment methods stored on your account.
Hardship
Economic conditions can change rapidly. While we recommend that our clients never overextend their ability to pay their invoices, we understand that there are occasions when emergencies necessitate the halting or suspension of payments. As a courtesy to you, we may, at our sole discretion, lock or suspend your service for up to 60 days. If we choose to extend this courtesy to you, we will not delete or alter any data stored on the Services. This courtesy may incur up to a 25% fee to be paid on the full payment and resumption of Services.
Electronic Communications
Visiting the Website or sending emails to Symbionetwork LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Website satisfy any legal requirement that such communications be in writing.
Indemnification
You agree to indemnify, defend and hold harmless Symbionetwork LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website or Services, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Symbionetwork LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Symbionetwork LLC in asserting any available defenses.
Termination of Service
Symbionetwork LLC reserves the right, in its sole discretion, to terminate your access to the Website and related Services or any portion thereof as a result of any misuse of Services or violation of these terms.
Jurisdiction
Symbionetwork LLC is a Limited Liability Corporation registered in the State of Texas. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas. You hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to your use of the Website or Services. Use of the Website or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, without limitation.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SYMBIONETWORK LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME.
SYMBIONETWORK LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SYMBIONETWORK LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYMBIONETWORK LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SYMBIONETWORK LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
Additional Disclaimers
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Symbionetwork LLC as a result of this agreement or use of the Website and Services. Symbionetwork LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Symbionetwork LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website and Services, or information provided to or gathered by Symbionetwork LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Symbionetwork LLC with respect to the Website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Symbionetwork LLC with respect to the Website and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Symbionetwork LLC reserves the right, in its sole discretion, to change the Terms under which the Website and Services are offered. The most current version of the Terms of Service will supersede all previous versions. You will be notified by email of any changes to the Terms of Service, but Symbionetwork LLC encourages you to periodically review the Terms of Service to stay informed of our updates.
Questions or Comments
Symbionetwork LLC welcomes your questions or comments regarding these terms:
Symbionetwork LLC
5900 Balcones Drive #8247
Austin, TX 78731
+1 (512) 262-9581
Effective as of July 30, 2024.
