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Terms of Service

Last updated on October 27th, 2021

Overview

These terms and conditions ("Terms", "Agreement") are an agreement between SunriseNode ("SunriseNode", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the sunrisenode.com website and any of its products or services (collectively, "Website" or "Services").

These Terms and Conditions, along with the Privacy Policy, Cookie Policy set forth the general rules and policies governing your use of our website and related services.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

  1. Account means a unique account created for You to access our Service or parts of our Service.
  2. Country refers to: Ontario, Canada
  3. Company (referred to either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to SunriseNode.
  4. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  5. Goods refer to the items offered for sale on the Service.
  6. Orders mean a request by You to purchase Goods from Us.
  7. Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
  8. Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
  9. Service refers to the Website.
  10. Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  11. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  12. Website refers to the SunriseNode, viewable from https://sunrisenode.com and https://billing.sunrisenode.com.
  13. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. We have the right to revise and reform any portion of these Terms and Conditions at any time without advising or noticing You. Any changes that are made will be posted on the Website when they are effected. If You disagree with any part of these Terms and Conditions then You may not access the Services we provide.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy and Cookie Policy of the Company.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. You agree that all sales are final and that a refund will be given only at the Company's digression.

Your Information

If You wish to place an Order for Goods on the Service. You may be asked to give certain information relevant to Your Order including, Your name, Your billing address, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  1. Goods availability
  2. Errors in the description or prices for Goods
  3. Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

Subscription Period

The Service of some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basses (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

You may cancel Your subscriptions renewal either through the Website or by contacting the Company via a support ticket.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, province, postal code, telephone number, and a valid payment method information.

Fee Changes

The Company, in its sole discretion and at any time, may change the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change bcomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

The Company may allow a full refund if requested within twenty-four (24) hours of the original purchasing date. After twenty-four (24) hours from the initial order date, no refunds will be given.

Some fees are non-refundable. These include: setup fees, on-time fees, upgrade fees, additional service fees, add-ons, administrative fees.

If Your Order is refused or cancelled as a result of violating of these Terms and Conditions, no refund will be issued.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, YOu will be automatically charged the application Subscription fees for the type of Service Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.

Promotions

Any Promotions made avaiable through the Service may be governed by rules that are separate from these Terms.

Giveaways run for Our Goods or by Us are subject to the final descision of SunriseNode management. Prizes may be withdrawn at any time for any reason.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is 100% accurate, complete, current, and true at all times. Failure to do so constitutes a breach of these Terms, which may result in termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any acitivies or action under Your password.

You agree not to disclose Your password to any third party. You must notify Us immediatly upon becoming aware of any breach of security or unauthorized use of Your account.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right, and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the Terms and Conditions and Privacy Policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will be gone immediately. If you wish to termminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or one hundred dollars ($100) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable to the law.

Acceptable Use

Clients are responsible for complying with the policies of SunriseNode. Failure to do so may result in suspension and/or termination. By using our services, you agree to abstain from the following, but not limited to, actions:

  1. Distributed Denial of Service (DDoS) attacks
  2. Denial of Service (DoS) attacks
  3. Cyberbullyng, harrasment or encouraging self-harm
  4. Malware and/or ransomware
  5. Child/adult pornography
  6. Software Piracy
  7. Identity theft
  8. IP Spoofing
  9. Phishing
  10. Bypassing usage limits such as bandwidth, RAM, CPU, and I/O
  11. Any action or content deemed illegal in Canada and the United States

Abuse reports must be opened through our client area. Clients have twenty-four (24) hours to respond to an abuse report ticket with a solution and explanation of the documented abuse. Clients that fail to respond to an abuse report within twenty-four (24) hours may be subjected to suspension of their service until the abuse report is solved. If the abuse is not resolved, SunriseNode reserves the right to terminiation, and banishment from SunriseNode's network.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Service. Your use of the Service may also be subject to other local, state, provinces, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service or Company. You agree to first try to resolve the dispute informally by contacing the Company.

For European Union (EU) Users

If You are a European Union buyer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S federal government end user, our Service is a "Commercial item" as that term is defined at 48 C.F.R §2.101.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]

By visiting submitting a ticket: https://billing.sunrisenode.com/submitticket.php