Terms of Service

Last Updated: January 2026

These Terms of Service ("Terms") govern your use of the managed infrastructure services provided by 1000039277 Ontario Inc., operating as NetConsole Cloud ("Service Provider," "we," "us," or "our").

By accessing or using our services, you ("Customer," "you," or "your") agree to be bound by these Terms.

1. Service Description

1.1 Nature of Services

NetConsole Cloud provides managed server infrastructure and IT management services. Our services include:

• Provisioning and maintaining server infrastructure
• Network connectivity and uptime management
• Technical support for infrastructure-related issues
• Server monitoring and maintenance

1.2 What We Do Not Provide

Any third-party software that Customer chooses to install or use on the infrastructure is:

• Licensed directly between Customer and the third-party software provider
• Subject to the third-party provider's terms of service, end user license agreement, and policies
• The sole responsibility of Customer to obtain, license, and maintain in compliance

1.3 Relationship of Parties

Service Provider acts solely as an infrastructure service provider and IT service agent on behalf of Customer. Service Provider provisions and manages server infrastructure on behalf of and as agent for Customer. Customer is the sole and direct licensee, end user, and operator of any software installed on the infrastructure.

2. Customer Acknowledgments

By using our services, Customer acknowledges and agrees that:

2.1 End User Status

Customer is the sole end user of any third-party software installed on the infrastructure provided by Service Provider.

2.2 Direct Licensing

Customer will create any required accounts directly with third-party software providers and will accept all applicable third-party terms of service, license agreements, and policies during software installation and setup.

2.3 Compliance Responsibility

Customer is solely responsible for ensuring compliance with all third-party software license terms, including any restrictions on use, distribution, or commercial exploitation.

2.4 Fee Structure

Service fees charged by Service Provider are for managed infrastructure and IT services only. These fees do not include, and Customer does not receive, any software licensing rights or permissions from Service Provider.

3. Account Registration and Security

3.1 Registration

To use our services, you must register for an account by providing accurate and complete information, including your legal name and a valid email address.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

3.3 Authorized Users

You may authorize third parties to access your infrastructure as "Authorized Users" under your account. You remain responsible for ensuring all Authorized Users comply with these Terms.

4. Payment Terms

4.1 Fees

You agree to pay all fees associated with your selected service plan. Fees are billed in advance on a recurring basis (monthly or annually, as selected).

4.2 Payment Method

A valid payment method (credit card or other accepted method) is required for all paid accounts. By providing a payment method, you authorize us to charge applicable fees automatically.

4.3 Taxes

You are responsible for all applicable taxes beyond the stated service fees.

4.4 Fee Changes

We may modify our fees upon reasonable notice. Continued use of services after fee changes constitutes acceptance of the new fees.

5. Acceptable Use

5.1 Prohibited Activities

You agree not to use our services for any purpose that is:

• Illegal or in violation of any applicable laws
• Harmful, fraudulent, or deceptive
• In violation of any third-party rights
• Disruptive to our infrastructure or other customers

5.2 Compliance

You are responsible for ensuring that your use of both our services and any third-party software complies with all applicable laws, regulations, and third-party terms.

6. Cancellation and Termination

6.1 Customer Cancellation

You may cancel your account at any time through your account dashboard or by contacting support.

6.2 Effect of Cancellation

Upon cancellation:

• Your access to services will terminate at the end of the current billing period
• All data and configurations on your infrastructure will be permanently deleted
• You remain responsible for any fees incurred prior to cancellation

6.3 Termination by Service Provider

We reserve the right to suspend or terminate your account immediately, without notice, for:

• Violation of these Terms
• Violation of any third-party terms applicable to software on your infrastructure
• Non-payment of fees
• Illegal activity or fraud
• Security threats to our infrastructure
• Legal or regulatory requirements

7. Data and Privacy

7.1 Your Data

You retain ownership of all data you store on the infrastructure. We do not access, monitor, or share your data except as necessary to provide services or as required by law.

7.2 Data Handling

Upon account cancellation or termination, all data is permanently deleted from our systems within a reasonable timeframe.

7.3 Personal Information

We collect only the personal information necessary to provide services. We do not sell or share personal information with third parties except as required to provide services or comply with legal obligations.

8. Indemnification

8.1 Customer Indemnification

Customer shall indemnify, defend, and hold harmless Service Provider and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Customer's breach of these Terms;
• Customer's use of any third-party software on the infrastructure;
• Any claim by a third-party software provider regarding Customer's licensing, use, or compliance with such provider's terms;
• Customer's violation of any third-party rights, including intellectual property rights;
• Any claim that Customer's use of the services violates applicable laws or regulations.

9. Disclaimers and Limitations of Liability

9.1 Services Provided "As Is"

9.2 Third-Party Software Disclaimer

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Modifications to Terms

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or through your account dashboard. Continued use of services after changes constitutes acceptance of the modified Terms.

11. General Provisions

11.1 Governing Law

These Terms shall be governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

11.2 Entire Agreement

These Terms constitute the entire agreement between you and Service Provider regarding the services and supersede all prior agreements and understandings.

11.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

11.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

11.5 Contact

For questions about these Terms, contact us at: support@netconsole.cloud

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NetConsole Cloud is operated by 1000039277 Ontario Inc.