Terms of Service
This document establishes the Terms of Service governing every instance in which You reach or make use of the Nortonhost services offered through our website. The words “You” and “Client” denote any individual who makes use of the Services. Should Your organization have authorised or otherwise allowed You to use the Service on its behalf, the term “You” extends to Your organization as well. In situations where the Services are resold onward to End Users, the obligation to make sure those End Users observe these Terms of Service rests with You.
WE ASK THAT YOU REVIEW THESE TERMS OF SERVICE THOROUGHLY BEFORE GIVING YOUR ACCEPTANCE. PLACING AN ORDER FOR THE SERVICES ON THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND FORMS A LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND Nortonhost.
SHOULD YOU BE ACCEPTING THESE TERMS OF SERVICE FOR AN ORGANIZATION, YOU WARRANT THAT YOU ARE AUTHORISED TO COMMIT THAT ORGANIZATION TO THESE TERMS OF SERVICE. ABSENT SUCH AUTHORITY, OR IF THESE TERMS OF SERVICE ARE UNACCEPTABLE TO YOU, REFRAIN FROM ORDERING OR USING THE SERVICES.
1. Definitions and interpretation
1.1. “Access Fee” refers to the charge for use of the Services as set out in the Order.
1.2. “Agreement” refers collectively to these Terms of Service, the Order, and any further agreement or document concluded between the Parties concerning the Services.
1.3. “Nortonhost” refers to Nortonhost, Inc., a company incorporated and existing under the laws of Hong Kong, whose principal office is located in Hong Kong.
1.4. “Client Account” refers to the personal account(s) that the Client sets up on the Client Portal, into which the Client and its users sign in using a valid email address together with a password the Client has chosen.
1.5. “Client’s Materials” refers to the Client’s data, software, documents and any other materials that the Client or its End Users place on or submit to the virtual servers while using the Services.
1.6. “Client Portal” refers to the portal located at /sign-up through which the Client can reach the Services.
1.7. “Documentation” refers to the guides and manuals accompanying the Services that Nortonhost ordinarily provides to the Client.
1.8. “End User” or “End Users” refers to the customers of the Client to whom the Client resells the ordered Services.
1.9. “Order” refers to an order placed for the Services that sets out the commercial and other conditions under which the Services are supplied.
1.10. “Party” refers to the Client and Nortonhost individually, while the “Parties” refers to both of them jointly.
1.11. “Services” refers to the cloud services that Nortonhost supplies under these Terms of Service.
1.12. “Terms of Service” refers to these conditions governing the supply and use of the Services.
1.13. “Website” refers to https://www.Nortonhost.com.
1.14. “You,” “Your” or “Client” refers to a natural or legal person or other organisation (together with its authorised users) that makes use of the Services supplied by Nortonhost.
1.15. For the purposes of these Terms of Service:
1.15.1. any reference to Sections, unless otherwise stated or unless the context demands a different reading, is to be understood as a reference to the Sections of these Terms of Service;
1.15.2. any reference to a legal act (where applicable) is to be understood as including any amendment, modification, extension, consolidation, replacement or re-enactment of that legal act;
1.15.3. words denoting the masculine gender encompass the feminine and the neuter, and the reverse applies equally;
1.15.4. words used in the singular encompass the plural, and the reverse applies equally;
1.15.5. the words “include”, “includes” and “including” are to be read as though followed by the words “without limitation”.
2. Services provided by Nortonhost
2.1. Nortonhost makes the Services available only for as long as they remain lawfully permitted in any relevant jurisdiction. Nortonhost may choose not to make a Service available in or to a given jurisdiction, location or country, and may restrict a Service to or from any given jurisdiction, location or country whenever we conclude, at our sole discretion, that maintaining that Service is either disallowed or inadvisable.
2.2. We strongly recommend that You verify whether the country where You reside falls under U.S. sanctions (such as those enforced by the U.S. Office of Foreign Assets Control (OFAC)). Nortonhost bears no responsibility where the Client is unable to subscribe to or use the Service because the Client subscribes to or uses it from a country covered by such sanctions. A Client who orders Services from a country covered by such sanctions will be regarded as having breached these Terms of Service, and the Service fee will not be refunded.
2.3. At its sole discretion, Nortonhost may delegate the supply of all or part of the Services to affiliates or external third parties, on the understanding that Nortonhost stays responsible under this Agreement for how those subcontractors perform.
2.4. Reselling the Services is permitted. For further information, please get in touch via [email protected].
3. Ordering the Services
3.1. In order to subscribe to the Services, the Client is required to set up a Client Account by supplying a valid email address and choosing a password. When submitting contact details, the Client agrees to keep them accurate and, whenever anything changes, to update the information in their Client Portal without delay.
3.2. The Client can subscribe to particular standard Services by signing in to the Client Account and filling out an Order form on the Client Portal. Non-standard Services may be ordered by submitting an Order for them by email to [email protected] or through the online chat on the Website. The Services are treated as ordered once Nortonhost confirms the Order it has received, or, alternatively, once both Parties have signed the Order. Depending on the requirements the Client has set out in the Order, confirming the Order may take Nortonhost up to 3 (three) business days, during which it assesses its technical ability to deliver the Services the Client wants.
3.3. So as to reduce the risk of unlawful activity by users of the virtual service, the ordering of the cheapest services is restricted for new clients who pay in cryptocurrency. Such servers may only be ordered once the client has completed identity verification or has purchased services or topped up existing credit to a value of at least USD 100. The Client will be made aware of the restrictions described here during the online ordering process when submitting an order for a restricted server through the Client Portal.
3.4. By ordering the Services, the Client acknowledges and accepts that using the Services requires the Client to secure and maintain a stable and suitable internet connection, which Nortonhost does not supply in any manner or form, and to ensure that the Service is not blocked by the Client's country of residence. Nortonhost bears no liability for any failure of the Services caused by the Client's internet connection or by sanctions imposed by the Client's country of residence.
3.5. Should the Client want to alter the parameters of the Services set out in the Order, any such alteration is made by preparing a new Order, and only where the changes are feasible once Nortonhost has evaluated the technical possibilities and the commitments already undertaken under the earlier Order.
3.6. The Order is governed by these Terms of Service, which the Client must read, confirm and accept before signing or placing the Order, together with any other Documentation that Nortonhost provides to the Client regarding the use of the Services. Where the terms of the confirmed Order conflict with these Terms of Service or other Documentation, the terms of the Order take precedence.
4. Access to the Service
4.1. The Client may reach the Services through the Client Portal by following the instructions and guidance that Nortonhost makes available there. For the use of the Services and any Documentation connected to them, Nortonhost grants the Client:
(a) a limited, non-exclusive, non-transferable and non-sublicensable right to make use of any Documentation that Nortonhost supplies for use with the Services and to reproduce that Documentation purely for internal purposes, on condition that every title, trademark, trade name, copyright, restricted-rights and other proprietary notice is preserved;
(b) a limited, non-exclusive, non-transferable and non-sublicensable licence to use the Client Portal for the purpose of using the Services.
4.2. By reaching the Services, the Client acknowledges and accepts that:
(a) it is the Client who decides who is invited as an End User and what roles and access that End User holds on the System;
(b) responsibility for End Users' use of the Service lies with the Client;
(c) the Client governs the extent of access to the Client’s Materials and may withdraw or alter it at its own discretion at any moment;
(d) should a dispute arise between the Client and an End User over access to the Services or activity within the Client Portal, it is the Client who determines what access, if any, the End User retains;
(e) Nortonhost will not bear any liability for errors stemming from incorrect, irreversible data entry by the Client or the End User.
5. Configuration of the Services
5.1. After signing in to the Client Account, the Client (and/or the End User) is presented with the initial configuration of the ordered dedicated and/or virtual servers, data storage, licences and the like, which the Client (and/or the End User) can administer and modify through the Client Portal:
(a) by creating, suspending or removing dedicated and/or virtual servers;
(b) by adjusting the network settings (such as, but not confined to, allocating IP addresses, amending network firewall rules, and so on);
(c) by employing the other functions made available to the Client (and/or the End User) on the Client Portal.
5.2. The Client bears responsibility for, and must see to it that, the Client Accounts and passwords established for the Client/End Users to use the Services are kept safe from discovery by third parties. Nortonhost neither generates nor has access to the passwords of Client/End-User accounts (apart from the initial password used for the first login to the relevant account) and consequently assumes no responsibility for, and is in no way answerable for, any unauthorised use by others of any Client Accounts and passwords.
6. Use of the Services
6.1. For the term of this Agreement, Nortonhost grants You a limited, personal, non-exclusive and non-transferable licence to reach and use the Client Portal as needed and solely for Your use of the Services. You may not reproduce or copy, whether wholly or in part, any portion of the Website or any other material we make available to You, and You must hand back all such material to us once this Agreement ends or is terminated.
6.2. While using the Services, the Client and its End Users must not:
(a) employ the Services to publish, reproduce or distribute any software or other material that is subject to intellectual property rights where such use would infringe the rights and legitimate interests of third parties in that property. This prohibition does not apply where the Client resells the Services to End Users, but only so far as is necessary for the resale of the relevant Services to End Users;
(b) use or store prohibited information, software, intellectual property, trademarks or commercial information on any communications network or equipment (computers included) where that prohibited information, software, intellectual property, trademarks or other commercial information can be reached via the Nortonhost virtual server used by the Client;
(c) use the Services in any way liable to overburden, disrupt, damage, disable or degrade the equipment and networks used to supply the Services, or the Services themselves, or in any way that could lead to the transmission, distribution or upload of software or material carrying harmful content, such as viruses, spyware or any other harmful software, material or information of any kind;
(d) carry out the processing of any information that breaches applicable laws or international legal acts, including transmitting such information by means of the Services;
(e) use the Services to upload, post or e-mail any unsolicited messages (spam included) through electronic channels that make such actions possible. Unsolicited messages or spam covers the sending of persistent anonymous messages, promotional material, or messages the recipient has no wish to receive;
(f) use the Services to upload, post, e-mail or otherwise process or transmit any information that breaches applicable laws (including, without limitation, information that may be regarded as inciting racial hatred, child pornography, defamatory, offensive, seditious, unlawfully depicting violence and/or infringing copyright or any other intellectual property laws or legal acts, or breaching legal acts on personal data protection);
(g) do anything with information or material that would cause a sudden spike in the load placed on the Services compared with their normal load, including dispatching e-mail bombs, chain letters, pyramid schemes and other information through e-mail programmes.
6.3. Nortonhost is entitled to suspend the Services upon giving notice to the Client where Nortonhost reasonably concludes that the Client’s network or server space leased from Nortonhost is the target of a distributed denial of service (DDOS) attack or another form of attack that interferes with Services supplied to other customers.
6.4. Nortonhost keeps the right to monitor outbound SMTP service traffic for the purposes of security and spam prevention.
6.5. Where the actions of You or Your End Users have led the Nortonhost mail servers or IP address ranges to be added to black hole lists and other mail-filtering software systems used by companies online, You will be charged a USD 100 (excluding applicable taxes) administrative fee plus USD 100 (excluding applicable taxes) per hour of staff time spent contacting list holders, lifting any blocks and safeguarding our mail servers and IP ranges.
7. Use of Microsoft Software
7.1. In the course of using the Services and reselling them to End Users, the Client is entitled to use Microsoft Windows Server and other Microsoft software ordered from Nortonhost in line with these Terms and the Microsoft End User License Terms. By ordering Microsoft products, the Client and its End Users agree to be bound by the Microsoft End User License Terms.
7.2. For the use of the Microsoft products ordered, the Client pays a monthly fee that is computed each month to within a month's accuracy; that is, if the Client cancels the Order on the first day of the current month, the fee is still charged for the entire month. The charge for the Microsoft software the Client uses is presented for payment alongside the invoice for the Service.
7.3. The Client agrees to grant Nortonhost administrative access to every server carrying a pre-installed Microsoft Windows Server operating system that was ordered from Nortonhost, so that a licensing audit can be carried out as required by the Microsoft SPLA.
7.4. Where the Client intends to install further Microsoft software on a server with a pre-installed Microsoft Windows Server operating system ordered from Nortonhost, the Client agrees to supply Nortonhost in advance with a completed Microsoft License Mobility Form.
7.5. The Client is answerable for the direct damages Nortonhost sustains in respect of each installation, use, copying, access, distribution of, or other comparable dealing with Microsoft products obtained from a source other than Nortonhost or a Nortonhost authorised seller.
7.6. In every case, the Client stays directly liable to Microsoft for any breach of the obligations set out in this Section of these Terms of Service. The Client understands that Microsoft, as the owner of the rights to Microsoft software, is able to monitor and oversee compliance with the provisions of this Section, and, by ordering the Services, agrees that details about the Client and the Agreement with the Client may be passed to Microsoft should Microsoft request this.
8. Availability of the Service and technical maintenance
8.1. Nortonhost keeps the right to alter its network, system configurations or routing configurations. At its sole discretion and without incurring liability, Nortonhost may change or adjust the features and functions of a Service, or may modify or replace any hardware or software within the network or within the equipment used to deliver a Service, provided that doing so produces no material adverse effect on the Service.
8.2. Nortonhost will make its best efforts to maintain the Service availability laid down in the Service Level Agreement published on the Website.
8.3. Nortonhost will inform the Client of planned technical maintenance at the e-mail address given in the Order no fewer than 5 (five) calendar days before that maintenance begins.
8.4. In an emergency, Nortonhost will inform the Client of immediate technical maintenance at the email address given in the Order no fewer than 1 (one) hour before that maintenance begins.
8.5. Wherever feasible, technical maintenance will be performed at weekends or outside working hours.
9. Storage and Backups
9.1. Nortonhost does not offer back-up services. Responsibility for backing up the Client’s data rests entirely with the Client. Nortonhost will not be answerable for any loss of the Client’s data arising from use of the Services.
9.2. When provision of the Service ends, whatever the reason for that termination, all of the Client’s data (virtual servers, backup copies of data, settings and so forth) is retained through to, and including, the final day on which the Services are supplied. After that point, the Client’s dedicated and/or virtual servers are deleted, unless the Client submits an order for the data to be deleted on different terms and Nortonhost accepts and confirms that order.
10. Service disruptions and consultations on other issues
10.1. Should a Service disruption occur, the Client must reach the Nortonhost support team through the online chat on the Website or by email at [email protected].
10.2. Nortonhost will react to the notification it receives and begin diagnosing the disruption within the time limits set out in the Service Level Agreement.
10.3. While addressing the disruption, Nortonhost specialists may, in exceptional situations, ask for permission to connect remotely to an existing Client Account on the Client Portal or to the Client’s server. If the Client gives its login password to Nortonhost specialists for this purpose, the Client must change that password at once, and in any event no later than 1 (one) business day after the disruption has been resolved. Should the Client not change the password, the possible adverse consequences and the risk of their arising fall entirely on the Client. Nortonhost will not be liable for any damages the Client suffers as a result of failing to change the password promptly.
10.4. Where Nortonhost establishes that the disruption arose from the Client’s actions, it will be remedied at the Client’s cost at the hourly rate stated in the Order. The Client's representative will be notified by e-mail of any such work that will be billed to the Client.
10.5. Information for the Client concerning the supply of the Services is available 24 hours a day through the online chat on the Website or by email at [email protected].
11. Charges, billing, and payments
11.1. The Access Fee for the Services listed in the Order will be invoiced in advance on a monthly, quarterly, semi-annual, annual or bi-annual cycle, according to what the Order specifies, and falls due before the first day of the Service term. Charges that are one-off or based on usage will be invoiced in arrears as the Order provides.
11.2. From time to time the Client may be granted discounts on the Access Fee in return for ordering the Service for a defined length of time. Whether any such discount applies is for Nortonhost to decide and depends on the Client accepting responsibility for paying the Access Fee throughout the fixed term. Cancelling any End User's active subscription during a fixed period causes all then-current discounts to lapse, and the Access Fees for the whole fixed period must then be paid in full with no discount.
11.3. The Client must make all additions to its account balance by wire transfer, credit card, PayPal or another payment method that Nortonhost accepts. Nortonhost may, at any time and at its sole discretion, refuse or cease processing the Client's credit card payments.
11.4. The Client is answerable for every charge arising on its account. That responsibility extends to charges flowing from the use, misuse or abuse of the Service by third parties who reach the Services through the Client Account, whether or not that unauthorised access stems from the Client's failure to secure the account properly or to keep its login details confidential.
11.5. Save where the Service Order or an applicable rate schedule on the Website states otherwise, all applicable federal, state or local use, sales, commercial, gross-receipts or similar taxes, licence fees and surcharges (each a “Tax”), whether levied on or against Nortonhost, will be billed to and paid by the Client separately. The Client will not deduct any taxes from sums owed to Nortonhost. Should the Client assert that it is not obliged to pay one or more Taxes, it must give Nortonhost a copy of the relevant tax exemption certificate(s). If Nortonhost declines to collect one or more Taxes on the strength of an exemption certificate received from the Client and a relevant taxing authority then seeks to collect that Tax, the Client will, despite Nortonhost's earlier acceptance of the certificate, be liable for and indemnify Nortonhost against every amount Nortonhost incurs in resolving the claim, including the Taxes, any interest or penalties imposed on them, and Nortonhost's reasonable costs and legal fees arising from any proceeding. The Client must inform Nortonhost at once if its tax exemption status changes, and must supply us with updated or renewed exemption documentation when we ask.
11.6. Any billing dispute or request for a billing adjustment must be submitted in writing within 15 (fifteen) calendar days of the invoice date and must be accompanied by detailed documentation showing the grounds for the adjustment. The Parties will negotiate in good faith to settle the dispute. Where the dispute is later resolved in the Client’s favour, any sums consequently owed to the Client will be credited to the Client’s account or set off against a later invoice of the Client.
11.7. Provided the Client has not breached any term of this Agreement, it may ask Nortonhost to refund an Order within the first fifteen (15) days following the placing of that Order. Nortonhost undertakes to refund such an Order within seven (7) days, after deducting any sums for set-up fees, non-standard servers or server components supplied at the Client's special request, or third-party licences. All refunds will be paid to the Client in the same fiat currency the Client used to pay for the Service.
11.8. Payments with cryptocurrencies. Nortonhost permits the Client to settle the Access Fee in the Client's cryptocurrency. Please be aware that when the Access Fee is paid with cryptocurrency through a cryptocurrency exchange platform, the sum owed in cryptocurrency turns on its value in U.S. Dollars at the moment of payment (in other words, the Client pays the amount of cryptocurrency equivalent to the Access Fee at the prevailing U.S. Dollar value). Nortonhost takes no responsibility for movements in the cryptocurrency market. Any refund of sums the Client has paid will be calculated on the basis of the cryptocurrency's U.S. Dollar value at the time of the refund, less any charges the cryptocurrency exchange platform applies to such refunds. By paying for the Service in its cryptocurrency, the Client confirms its understanding that, where a refund occurs, the amount of cryptocurrency returned to the Client will not match the amount of cryptocurrency the Client paid for the Service, since the Client is refunded the U.S. Dollar value of the Service converted into cryptocurrency at the then-current exchange rate, less any charges imposed by the cryptocurrency exchange platform.
11.9. Where the Client has left its account unused for six consecutive months (the Client Account has been inactive for six months) and the Client has made an advance payment for the Services whose total does not exceed USD 5, the Client's inactive account maintenance fee becomes applicable. That fee is worked out and charged to the Client for servicing the Client's inactive account as follows:
(a) The Client's inactive account maintenance fee is USD 2/month and is payable for each month from then on (starting with the seventh month of the Client Account being inactive);
(b) The fee mentioned above is payable for every month in which the Client Account stays inactive until the Client's advance payment falls to USD 0;
(c) Where the balance of the Client's advance payment is below USD 2 in the final month of the Client's inactive account maintenance period, the fee for that month equals the remaining balance of the Client's advance payment.
(d) The fee is taken from the advance payment made by the Client on the last day of each month for which the fee is due.
11.10. Without prejudice to any other rights Nortonhost has set out in these Terms of Service, where the Client is late in making any payment to Nortonhost, the Client must, at Nortonhost's request, pay interest of 0.02% (two hundredths of a percent) on the overdue amount for each day of delay.
11.11. Should Nortonhost terminate under Clauses 17.5 or 17.6, every future charge that would have been payable under any outstanding Order becomes due and payable at once.
12. Intellectual Property
12.1. Every intellectual property right in the Services, the Website and the Client Portal, in any amendment, supplement and/or modification to the Website made at Nortonhost's discretion and/or at the Client's request, and in any Documentation concerning the Services, stays the property of Nortonhost and/or its licensors.
12.2. Ownership of each and every intellectual property right in the Client’s Materials stays with the Client. The Client's access to the Client’s Materials depends on the Access Fees being paid to Nortonhost in full by their due dates.
13. Confidentiality
13.1. Save where the relevant Party has obtained the other's prior written consent or is required to act by law, all information acquired in connection with these Terms of Service, the Order or any other agreement between the Parties concerning the Service must be treated as confidential. No confidential information may be disclosed or made available to any person, or used for gain, beyond what these Terms of Service envisage, without the other Party's prior written consent. Each Party's obligations under this Section continue in force after any Order ends. These provisions do not apply to information which:
(a) is or comes into the public domain otherwise than through a breach of this Section;
(b) is obtained from a third party who came by it lawfully and is bound by no disclosure restrictions;
(c) is developed independently without recourse to the confidential information.
13.2. Notwithstanding Clause 13.1, the Client grants Nortonhost the right to use the Client’s name in a publicly circulated list of Nortonhost users and/or for marketing purposes.
14. Privacy
14.1. The supply of the Services is governed by Nortonhost's Privacy Policy. By placing the Order, the Client confirms that it has familiarised itself with the Privacy Policy and agrees to be bound by it.
15. Liability
15.1. Nortonhost warrants that it will deliver the Services with reasonable skill and care and in a professional manner, and will make reasonable efforts to restore the Services whenever disruptions occur. Beyond this, Nortonhost gives no other warranty or guarantee, express or implied, in respect of the Services under this Agreement or otherwise, and Nortonhost expressly excludes all other warranties or conditions relating to the Services, whether express or implied, including but not limited to any implied warranties or conditions of merchantability, satisfactory quality and/or fitness for a particular purpose.
15.2. Under no circumstances will either party be liable for any indirect damages, including lost profits, revenue, data or use, suffered by either Party or any third party, including damages flowing from any negligent act or unintended omission, whether in contract or at law, even where that Party was warned that such damages were possible. Save for a breach of the Client's payment obligations under this Agreement, neither party will in any event be liable to the other for direct damages exceeding $10,000 or the amount Nortonhost billed the Client for the Service during the 6 months before the date the claims first arose, whichever of the two is lower.
15.3. Whatever the form of action (whether in contract or warranty, and including, without limitation, negligence of any kind, whether active or passive), Nortonhost, its subcontractors or agents will bear no liability for any of the following, even where told they were possible:
(a) third-party claims brought against the Client or Nortonhost for damages arising out of a data breach;
(b) any delay, loss, damage or Service disruption attributable to, among other things, computer viruses, worms, ‘denial of service’ attacks and/or other hacking attacks of a comparable nature; or
(c) the interoperability of particular Client applications.
15.4. The Client will indemnify and hold harmless Nortonhost, together with its affiliates and subsidiaries and their employees, directors, officers and shareholders, against all claims, losses or damages (legal fees and costs included) brought by any agency, person, firm or corporation that arise out of or relate to:
(a) any personal injury or property damage resulting in any way from the acts of the Client, its End Users, employees or agents;
(b) any breach of Sections 4, 6, 12 and 13.
15.5. Nortonhost undertakes to refund a portion of the price of the Services supplied in the relevant month where the Client was not afforded the Service Availability set out in the Service Level Agreement and Nortonhost is responsible for that failure to deliver under these Terms of Service. The amounts of such compensation are stated in the Service Level Agreement.
16. Suspension and termination of the Service
16.1. Nortonhost keeps the right to suspend the Client’s access to the Services on a temporary basis in the following circumstances:
(a) where the Client fails to carry out its obligations under the Agreement, by giving the Client 5 calendar days' prior notice, until the Client's obligations are duly met;
(b) without prior notice (the Client being told immediately after suspension), where the actions or omissions of the Client and/or of third parties attributable to the Client, and/or any related cause, jeopardise the provision, quality, security, integrity or reliability of the Service supplied by Nortonhost, or where such actions or omissions of the Client and/or third parties attributed to the Client cause material harm to Nortonhost or stop other users from using the Service;
(c) without prior notice (the Client being told immediately after suspension) where Nortonhost reasonably concludes that the Client or its End Users are using the Services in a way that breaches or runs counter to Section 6 and/or Section 7;
(d) without prior notice where the Client fails to pay the Access Fee on its due date;
(e) provision of the Service will be resumed within 3 (three) calendar days after the actions/omissions referred to in this Section come to an end.
16.2. Despite the above, Nortonhost may suspend access to the Service temporarily (restoring it as soon as is practically possible) where Nortonhost reasonably considers this necessary to preserve the security, quality or integrity of the Service or to prevent misuse.
16.3. Following suspension of access to the Service, the Client will be allowed a period of at least 30 (thirty) calendar days to cure the breach and to give Nortonhost evidence that it has been cured. If the Client does not cure the breach within that period, the Agreement with the Client terminates automatically on the final day of that period, and the Client's remaining balance in the Client Account is treated as a penalty paid by the Client for breaching the Agreement and is not returned to the Client. Despite the above, paying the penalty does not release the Client from its duty to indemnify Nortonhost for the damages it has sustained.
17. Validity and termination of Order
17.1. Validity. The Order takes effect on the date it is signed and remains in force for the prepaid subscription term the Client has selected.
17.2. Prepaid subscriptions. Nortonhost will give no refund for any unused part of a prepaid fixed subscription term unless the Parties agree otherwise in writing.
17.3. Autorenewal. When the initial Order term expires, the Order renews automatically for a term equal to the one originally ordered, unless either Party gives notice of non-renewal before the end of that term. The Client agrees to pay the fee that applies to any such renewal. These Terms of Service will keep governing the purchase of the Service for any further term.
17.4. Termination. Either Party may terminate the Agreement by giving the other at least 30 (thirty) days' notice before the end of the relevant payment period. Where this occurs, the Client will be obliged to pay all relevant Access Fees on a pro-rata basis for each day of the current period up to and including the termination day.
17.5. Termination in case of a breach. Where a Party materially breaches the terms of the Agreement (any documents making up the Agreement) and fails to cure that breach within a reasonable period of not less than 30 (thirty) calendar days as specified in the claim raised by the other Party, the other Party may terminate the Agreement unilaterally by giving the defaulting Party at least 5 (five) business days' notice. Where the Agreement is terminated on this basis, the defaulting Party must make good the losses of the other Party.
17.6. When the Service ends, whatever the reason for termination, all of the Client’s Materials held in the System, including all backups, are retained up to and including the final day of the Service. Once that term expires, the Client's data and backups are deleted. The Client acknowledges that, where this Agreement or any applicable Service Order is terminated, Nortonhost is under no obligation to keep supplying Services to the Client. The Client further agrees that it will at once carry out an immediate transition of the Services to another provider.
18. General
18.1. Entire Agreement. These Terms and the Order for the Services form an integral part of the Agreement and must in every case be read as one overall agreement between the Client and Nortonhost. Where the terms and conditions of these Terms of Service conflict with those of the Order, the terms and conditions of the Order prevail.
18.2. Governing Law. These Terms and Conditions, along with the Order and any other documents concerning the supply and use of the Service, are governed by and construed under the laws of Hong Kong, disregarding its conflict-of-law principles. Any dispute arising out of or relating to these Terms of Service will be settled by binding arbitration conducted in the USA, Illinois, United States, under the applicable arbitration rules, unless one of the parties to the dispute is a consumer. Where one party is a consumer, the place for resolving the dispute will be fixed in accordance with applicable U.S. law. The seat of arbitration will be Hong Kong, and the proceedings will be conducted in English.
18.3. Pre-trial procedures between Nortonhost and consumers. Where a consumer has any claim against Nortonhost, the consumer must bring that complaint to Nortonhost in writing. If the consumer is not satisfied with the response Nortonhost provides, the consumer may pursue whatever remedies are open to it under applicable U.S. consumer protection law, including lodging a complaint with the relevant federal or state consumer protection authority.
18.4. Changes to Terms of Service. Nortonhost may unilaterally amend these Terms of Service and the price of the Services on no less than 30 (thirty) calendar days' prior written notice to the Client. Where such amendments substantially worsen the Client's position, the Client may terminate the Order within the notice period set out in this Article. Continuing to use the Service after a change to these Terms of Service or to prices has taken effect signifies that the Client accepts the change and undertakes to abide by it.
18.5. No Assignment. No right may be transferred or assigned to any other person without Nortonhost's prior express written consent.
18.6. Severability. Should any part or provision of these Terms of Service be invalid, unenforceable or at odds with the law, that part or provision is replaced by one that, so far as possible, achieves the original aim of that part or provision. The rest of these Terms of Service remains binding on the Parties.
18.7. Waiver. A waiver by either Party of any breach of these Terms of Service does not amount to a waiver of any other breach. Moreover, no waiver takes effect unless it is made in writing.
18.8. Notices. All notifications, requests, demands and other communications required or permitted under this Agreement (“Notices”) must be in writing and addressed to the Client at the email address supplied and kept current as part of its contact information, and to Nortonhost at [email protected] or at the postal address Hong Kong. The Client is responsible for promptly informing Nortonhost of any change to its contact information. Every Notice sent by email is regarded as received once the sender obtains confirmation of its delivery.