Terms and Conditions of Service

By accessing, registering for, or using any service offered by Terranode ("the Company", "we", "our"), you ("the Client") agree to be bound by these Terms and Conditions unconditionally. If you disagree with any part of these terms, you may not use our services.

These terms constitute a legally binding agreement between you and Terranode, governed by the laws in force in the Republic of Ecuador. Terranode reserves the right to modify these terms at any time by posting notice on this website. Continued use of the service after such changes constitutes your acceptance of the new terms.

Terranode provides cloud infrastructure services including, without limitation: shared web hosting, virtual private servers (VPS), dedicated servers, corporate email (TerraMail), Microsoft 365, web development and systems development.

Services are activated upon payment confirmation. We reserve the right to modify, suspend or discontinue any service with reasonable prior notice to the client, except in cases of violations of these policies where suspension may be immediate.

3.1 Accurate Information. The client agrees to provide truthful, accurate, current and complete information during the registration process and to keep it updated.

3.2 Account Security. The client is solely responsible for maintaining the confidentiality of their access credentials and for all activities carried out under their account. Terranode shall not be liable for losses caused by unauthorized use of your account.

3.3 Proper Use. The client is responsible for ensuring that use of the services complies with all applicable local, national and international laws, as well as with these policies.

3.4 Contact. The client must maintain an active and valid email address to receive important communications about their account and the services.

4.1 Pricing. All prices are expressed in US Dollars (USD) unless otherwise stated. Prices may be subject to applicable taxes under Ecuadorian law.

4.2 Billing. Services are billed in advance according to the selected billing cycle (monthly, annual or other). Non-payment by the due date may result in service suspension without additional prior notice.

4.3 Renewals. Services renew automatically at the end of each billing cycle, unless the client cancels at least 24 hours before the renewal date.

4.4 Suspension for Non-Payment. Services unpaid by their due date will be suspended. Data may be permanently deleted after 15 days past due without payment, and Terranode is not responsible for data loss in this case.

4.5 Destruction of VPS and Dedicated Servers. For VPS and Dedicated Server services, once the service is cancelled, suspended for non-payment, or terminated for policy violation, the server will be immediately and irreversibly destroyed along with all data, snapshots, internal backups and configurations stored on it. Terranode will not retain any copy of the data nor will it have the ability to recover it once destruction has been executed. The client is solely responsible for exporting and backing up all their information before cancellation or in the event of anything that could lead to service termination.

4.6 Chargebacks. If a client initiates a chargeback or dispute with their financial institution, Terranode reserves the right to immediately suspend all services, share relevant information with the payment processor to contest the chargeback, and apply an administrative fee. Initiating a chargeback automatically waives the right to a refund under our policy.

5.1 Prohibited Activities. The client may not use Terranode services to:

5.2 Excessive Resource Use. Terranode reserves the right to suspend or limit services when a client makes excessive use of CPU, RAM, bandwidth, disk I/O or other resources that affect other users on the same infrastructure.

5.3 Legal Adult Content. Legal adult content is permitted provided it complies with all applicable laws, including those related to age verification, and does not violate any other provision of these policies.

6.1 Sending Limits. For shared hosting services, the limits are: a maximum of 200 emails per hour per domain and up to 20 recipients per individual message.

6.2 SPAM. Sending unsolicited email (SPAM) constitutes a direct and immediate violation of these policies and will result in immediate service suspension without the right to a refund.

6.3 Mailing Lists. Bulk mailing lists are only permitted if recipients have granted explicit consent (opt-in) and a functional unsubscribe mechanism (opt-out) exists.

6.4 Dedicated Servers. Dedicated servers have no predefined sending limits, provided the email is legitimate and does not constitute SPAM.

7.1 Client Responsibility. The client is solely responsible for maintaining and monitoring the security of their accounts, applications and data. This includes, without limitation: secure password management, regular software updates, correct file permission configuration, and monitoring of unusual activity.

7.2 Incident Notification. If a security incident is suspected, the client must notify Terranode immediately through a support ticket.

7.3 Limitation of Terranode's Liability. Terranode implements reasonable technical and organizational measures to protect shared infrastructure, but cannot guarantee absolute security against external threats. Terranode shall not be liable for damages arising from external attacks, vulnerabilities in third-party software installed by the client, or unauthorized access resulting from client negligence.

8.1 Client Responsibility. Data stored on Terranode services is the exclusive responsibility of the client. The client must maintain independent backups of all their critical data.

8.2 Terranode Backups. Terranode may offer backup services as an additional feature. However, these backups are provided as a supplement, without guarantee of integrity, availability or frequency. They should not be considered the sole data protection mechanism.

8.3 Data Deletion. Upon cancelling a service, client data may be permanently deleted. Terranode is not obligated to retain data after cancellation or termination of the service. It is recommended to export all data before cancelling.

8.4 Data Loss. Terranode shall not be liable for data loss, economic losses, loss of profits, or any indirect, incidental, special or consequential damages arising from data loss.

Terranode services may be provided from servers located in the United States, Ecuador, and other geographic regions depending on the type of service contracted. By contracting our services, the client expressly accepts the transfer and storage of their data in those locations.

The client is solely responsible for verifying that the international transfer of data is compatible with the data protection laws applicable in their jurisdiction. Terranode is not responsible for legal implications that may arise from storing data on servers located outside the client's jurisdiction.

10.1 Terranode Property. All content, software, code, designs, trademarks, logos and other elements owned by Terranode are protected by applicable intellectual property laws. Their reproduction, distribution or use without express written authorization from Terranode is prohibited.

10.2 Client Content. The client retains all intellectual property rights over the content they host on Terranode services. The client grants Terranode a limited, non-exclusive license to host, store and transmit such content for the sole purpose of providing the contracted service.

10.3 Copyright Infringement. The client agrees to indemnify and hold Terranode harmless against any claim arising from the illegal use of copyright-protected materials.

All Internet Protocol (IP) addresses assigned to client services are the property of Terranode or its upstream providers. IP addresses are non-transferable and the client acquires no ownership rights over them. Terranode reserves the right to reassign IP addresses with reasonable notice to the client.

12.1 By Terranode. Terranode reserves the right to suspend or terminate any service, with or without prior notice, in the event of: violation of these policies, non-payment, illegal activity, damage to the infrastructure or to other users, or at Terranode's sole discretion when deemed necessary to protect its network or the security of its clients.

12.2 By the Client. The client may cancel their service at any time by request through the client panel or a support ticket. Cancellation does not automatically entitle the client to a refund outside the period established in the Refund Policy.

12.3 Effects of Termination. Upon termination of the service for any cause, the client loses access to the services and stored data. Terranode may permanently delete all client data without any obligation to retain it.

13.1 To the maximum extent permitted by applicable law, Terranode shall not be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, data loss, business interruption, or any other intangible damage.

13.2 Terranode's total liability to the client, for any cause and regardless of the form of action, shall be limited to the total amount paid by the client to Terranode during the three (3) months preceding the event giving rise to the claim.

13.3 Terranode does not guarantee that the services will be uninterrupted, error-free or completely secure. Services are provided "as is" and "as available".

Terranode shall not be liable for delays or failures in the provision of services caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, large-scale DDoS attacks, failures in third-party telecommunications networks, acts of war, terrorism, strikes, government decisions, pandemics, or any other force majeure event.

The processing of personal data is governed by our Privacy Policy, available on our website. By using our services, the client accepts the processing of their data under that policy, which forms an integral part of these Terms and Conditions.

Terranode complies with the provisions of Ecuador's Organic Law on Personal Data Protection (LOPDP) with respect to the data of clients residing in that country.

Terranode services are directed exclusively at persons over 18 years of age. Terranode does not intentionally collect personal information from minors. If you become aware that a minor has provided personal information to Terranode, please contact us immediately so we can proceed with its deletion.

17.1 Governing Law. These terms are governed by and interpreted in accordance with the laws of the Republic of Ecuador.

17.2 Dispute Resolution. In the event of a dispute, the parties shall first attempt to resolve it amicably through direct negotiation. If no agreement is reached within 30 days, the dispute shall be submitted to the competent courts of the city of Guayaquil, Ecuador, to which the parties expressly submit, waiving any other jurisdiction that might correspond to them.

To report violations of these policies, abusive activities, spam, or any misuse of our infrastructure, please contact our team through a support ticket at my.terranode.net or send an email to [email protected] with the subject "Abuse Report".

Every report must include: the reporter's full name, contact information, the IP address or URL involved, a detailed description of the violation and relevant evidence. Terranode will review all verified reports and take appropriate action at its discretion.

Terranode reserves the right to modify these Terms and Conditions at any time. Modifications take effect upon publication on this website. Clients are advised to review this page periodically. In the event of material changes, Terranode may notify active clients by email. Continued use of the services after modifications are published constitutes acceptance of the new terms.

For any inquiries related to these Terms and Conditions:

Terranode — Cloud Infrastructure

Website: https://terranode.net

Support: https://my.terranode.net

Email: [email protected]

Phone: +593 99 819 7150

Guayaquil, Ecuador