Introduction

Welcome to nexzan.com Terms of Service! We hope you take advantage of everything we have to offer like core services Manage Cloud Service, BDIX Hosting, Domain List, Private Email, SSL Certificates, Security for your servers, DNS Security, VPN (Virtual, Private Network), SSL Certificates, you should also review these Nexzan services better for understand what Nexzan website offer or provide.

TOS apply?

When we learn of "nexzan.com" or we use pronouns like "we", "us" or "our", since these Terms constitute a legally binding agreement between you and Nexzan, please read them carefully.

When we say "User," we mean you. We'll also use words like "you" and "your" to talk about you. But things can get a bit tricky if you're using our services for a company, organization, or another group. If that's the case, you're telling us that you have the power to make decisions for that group and agree to follow our rules on their behalf. In this situation, when we say "User," "you," or "your," we're talking about that group, not just you individually. If you're not sure what this all means or if you have the authority to agree to these rules for your group, it's a good idea to check with others in your organization to make sure.

Your use of the websites that link to these Terms is governed by these Terms. Each of these websites and the services nexzan.comprovide are referred to as "Sites" in these Terms. By using or accessing the Nexzan, you automatically accept these Terms and our Privacy Statement.

Please note that that Nexzan offer a world wide range of services. A separate manually or digitally executed agreement governs hownexzan.com provides you with access to products and services. Should you utilize the services or log into the Sites, those extra terms will be incorporated into your contract with us.

When does this agreement apply to me?

Now that we've got some common ground, let's make sure you know when and how this agreement applies.

Firstly, it's important to know that this is a serious legal agreement you need to accept to use our websites and services. You can only use them if you agree that you've read, understood, and agreed to follow this agreement.

If you sign up for services or create an account on our websites, this agreement starts when you click "I accept" or use other functions that show you agree with its terms. If you buy services through a separate written contract, this agreement is part of that contract, whether $it's mentioned or not.

Even if there are other ways you agree, when you use our websites and services, this agreement is important and you must follow it. These are just some examples, and there might be other ways you agree to this agreement that aren't mentioned here.

1.1 Before you use our website and services, make sure that your use follows all the laws, rules, and regulations that apply to you. If your use is prohibited or conflicts with any laws, rules, or regulations, we may take away your right to access the website and services. $It's your responsibility to check this before using them.

1.2 Our website and services are not meant for anyone under the age of 18. By using them, you confirm to us that: (a) you are 18 years old or older; or (b) you have the legal consent, permission, and ability to use the website and services in the places where you use them.

1.3 To use the services and certain features of the website, you need to create an account ("Account"). When you sign up for your account, you might need to give us some information about yourself, like your name, email address, and a valid payment method. You can also choose to provide more information about yourself, but that's up to you. The information you provide and how we use it are covered by our Privacy Policy and Data Processing Agreement.

1.4 We can decide not to provide or keep providing the website and services to anyone and can change who is eligible at any time. This includes if you don't follow these terms of use. We have the right to stop, end, block access to, or delete any accounts or access to the website and services at any time, as we see fit.

As a client of nexzan.com, you agree to follow the terms and conditions set by any cloud providers and application providers that apply to your use of services provided by Nexzan. Make sure to read and understand the license agreements of cloud services and applications, as they may be relevant to your usage. As a user ofNexzan services, you commit to adhering to the terms outlined in any applicable license agreements for Manage Cloud Service, Web server, Databases, Load Balancers, Storage, services and applications, to the extent that they impact your use of cloud services, applications, and/or services provided by Nexzan.

nexzan.com Proprietary Rights

In the relationship between you and nexzan.com, Nexzan owns and provides the Websites and Services. All the elements of the Websites and Services, such as names, logos, trademarks, design, graphics, computer code, and other materials (collectively referred to as "Materials"), are protected by intellectual property and other laws. These Materials are either owned by nexzan.com or its third-party licensors. Your use of the Websites and Services must comply with our authorization and the terms outlined in this TOS. You are required to follow all intellectual property notices, information, and restrictions found in the Websites and Services. We keep all rights to the Websites and Services that are not explicitly granted in this TOS.

If you provide input, suggestions, or feedback about problems or proposed changes to the Websites and Services ("Feedback"), you grant us the right to use that Feedback without any restrictions. This includes the right to use it indefinitely, for any purpose, such as improving the Websites and Services or creating other products and services.

You also give us permission to use your name, logos, and trademarks in our promotional and marketing materials and communications.

Some of the materials provided by nexzan.com are licensed under open source, Creative Commons, or similar licenses (collectively referred to as "Open Source Licenses"). This TOS does not prevent you from obtaining such materials under these Open Source Licenses or limit your use of these materials under those licenses.

As long as you continue to comply with this TOS and our rights,nexzan.com grants you a limited, non-exclusive, non-transferable, non-sub licensable, and revocable license to access and use the Websites.

Services Content Explanation

Our Services allow you to give us things like code, files, software, data, text, and media. We store, host, and process this information for you. When you use nexzan.com Services, you're giving us permission to do these things.

You keep the ownership and copyright of what you share with us. Some of our Services might let others access, use, or add to what you share. We call these other people your "End Users." You're responsible for making sure they follow our rules.

You're in charge of what you share, your End Users, and their activities. We won't be responsible for any issues with what you share or what your End Users do.

When you share things with us, you promise that:

1. Your content and how you or your End Users use it won't breaknexzan.com rules or any laws.

2. You're responsible for managing and supporting your content, even when others contribute to it.

3. Your content won't violate anyone else's rights or break any laws.

4. Except for the specific services we offer you, you're responsible for how your content works, especially for your End Users.

5. You also need to set up and use our Services properly. $It's your job to keep your content safe, like using encryption. We don't promise to save backups of your content, so you should do that yourself. We won't be liable for any data loss or other problems.

6. In short, you control what you share, how $it's used, and the security of your content. We're here to provide the Services, but you're responsible for your own stuff.

Other Websites and Services or Third Party Services

nexzan.com websites and services may have links to other websites or services on the internet that are not operated by us. Similarly, those external websites or services may have links back to our websites and services. When you go to these external sites, you are taking a risk, and we want you to be aware of that.

We don't control these external resources, and we want to make it clear that we are not responsible for their content, functions, accuracy, legality, appropriateness, or anything else about them. We can't guarantee or take responsibility for what happens on these external sites.

Just because we include a link to an external site doesn't mean we endorse or have any special connection with that site. We want to emphasize that we are not responsible for any damage or loss that might happen because of using or relying on these external resources.

Additionally, we allow certain vendors to offer their products or services on our marketplace at nexzan.com. If you decide to use these vendor offerings, you may need to agree to terms and conditions directly with the vendor. We are not a part of that agreement, and $it's your job to protect your system from things like viruses or other security risks that might come from these external resources or vendor offerings.

No Warranty

The websites and services, including any content provided, are offered "as is" and based on availability. nexzan.com does not make any warranties, whether expressed or implied, regarding the websites and services or any content associated with them.

(a) Any implied warranties of merchantability, fitness for a particular purpose, title, peaceful enjoyment, or non-infringement.

(b) Any warranties arising from the course of dealing, usage, or trade.

(c) Any assurance or warranty concerning accessibility, precision, error rate, system integrity, or uninterrupted access.

We cannot guarantee that:

(i) The websites or services will be secure or available at any specific time or location.

(ii) Any defects or errors will be corrected.

(iii) Any content or software available on the websites or services is free of viruses or other harmful components.

(iv) The results of using the websites or services will meet your requirements.

Your use of the websites and services is entirely at your own risk.

Limitation of Liability

To the maximum extent allowed by law, we will not be responsible to you for any indirect, incidental, special, consequential, or punitive damages. This includes damages for the loss of profits, goodwill, or any other intangible loss that may arise from or relate to your access to or use of, or inability to access or use, the websites and services, or any materials or content on them. This applies whether the claims are based on warranty, contract, tort (including negligence), statute, or any other legal theory, and regardless of whether we were informed about the possibility of such damage.

To the fullest extent allowed by law, you agree that we will not be liable for any data that might be destroyed, lost, or otherwise made inaccessible. This includes situations where you failed to back up your data or for any other reason.

Except as outlined in Section 13 and to the maximum extent allowed by law, our total liability to you for all claims related to this Terms of Service or the websites and services, whether in contract, tort, or any other legal grounds, is limited to the amount you paid to us for the services in question in the month prior to the event or circumstance leading to the claim.

Termination

While we usually prefer to provide advance notice before terminating your access, we have the right to, at nexzan.com sole discretion, terminate your access to all or any part of the websites services at any time, with or without notice, effective immediately. If such termination occurs, it may lead to the immediate loss and deletion of data associated with your account.

Unless stated otherwise in this agreement or explicitly agreed upon between the parties, any fees paid to us are non-refundable. Additionally, any outstanding fees owed to us at the time of termination become immediately due and payable. Upon termination, all rights granted to you under this Terms of Service will be promptly terminated. You must cease all use of the websites and/or services.

Certain provisions of this Terms of Service, which by their nature are expected to survive termination, will continue to be in effect. These include Sections 2.1-2.4, 3, 4, 6, 8, 9, 10, 11, 12, 13, and 14.

Mutual Confidentiality

If you receive or have access to any nonpublic information from us, marked as confidential or reasonably understood to be confidential, that information is considered our "Confidential Information" and must be treated according to these terms.

This includes, but is not limited to:

(a) Nonpublic information about our technology, customers, business plans, marketing and sales activities, finances, operations, and other business-related details.

(b) Information regarding the discussions or negotiations about your Account and/or use of the Services.

Confidential Information does not include any information that:

(i) Becomes publicly available without violating these terms.

(ii) You already knew at the time of receiving from us and can be proven with documentation.

(iii) Is received from a third party who didn't acquire or disclose it through wrongful or tortious acts or by violating our rights or the rights of third parties.

(iv) Can be proven, with documentation, to have been independently developed by you without using our Confidential Information as a reference.

You are not allowed to use Confidential Information except for your use of the Service as permitted under these terms or as separately authorized in writing by us. You agree not to disclose Confidential Information during the term of these terms, after you stop using the Services, and after these terms no longer apply. You must take reasonable measures to prevent the disclosure or unauthorized use of Confidential Information, at least to the extent you protect your own confidential information of a similar nature.

Billing and Payments

(i) We bill for our services in arrears, meaning you'll receive an invoice in the first week of each month for the services you used in the previous month.

nexzan.com operates on a 'pay-as-you-go' basis. This means you only pay for the resources you've actually used and for the time you've used them, with billing calculated in one-hour increments as the minimum time fraction.

We may refund any unused prepaid account funds upon your request within three months of adding funds. However, the refund won't include amounts already deducted for services consumed.

Payment is processed through third-party payment processors ("Payment Processors") linked to your account's billing information. The processing of payments is subject to the Payment Processors' terms, conditions, and policies in addition to ours. We're not responsible for the acts or omissions of the Payment Processors. By agreeing to these terms, you authorize us and the Payment Processors to charge all applicable sums to your specified payment method.

Ensure your account and billing information is current, complete, and accurate. You must promptly update any changes, such as billing address or credit card details, in your account settings. Notify us or the Payment Processors promptly if your payment method is canceled or inoperable.

By accepting these terms and using the services, you agree to be billed on a recurring basis and automatically charged by us or the Payment Processors upon invoicing. Other terms and conditions related to payment may apply as set forth in order forms, invoices, or elsewhere. You are responsible for any duties, customs fees, taxes, and related charges concerning your purchase of services. Our pricing policies do not include these taxes unless otherwise stated. If required, we may collect and remit taxes on your behalf.

We reserve the right to deactivate, terminate, or disable accounts and services at our discretion, including for nonpayment.

We may offer service credits from time to time, subject to specific terms and policies. These credits are revocable or may expire early at our discretion for reasons like abuse, misrepresentation, unauthorized transfer, or illegal conduct by you.

GOVERNING LAW

The laws of Bangladesh and the United States will govern and be interpreted in accordance with these Terms of Service and any separate agreements whereby we provide you with Services.

Support Requests and Professional Services

While receiving 24/7 Support Services or Professional Services, Customer is responsible for taking the necessary precautions to protect any sensitive information or Personal Data that it provides to nexzan.com.

We do not engage in business with any organization that, to the best of our knowledge, knowingly supports or is found to be involved in practices associated with Modern Slavery.