Welcome to Instanodes (https://www.instanodes.io). Please read these terms of use (hereinafter referred to as “Agreement”) carefully before you decide to use our services listed on https://www.instanodes.io (hereinafter referred to as “Instanodes”, “Website” or “Site”). By accessing and/or using the Site you acknowledge that you have read, understood and agree to be legally bound by the terms and conditions set forth in this document and other text set out on the Site. If you do not agree to abide by these terms of use, you are not permitted to access or use the Site nor avail our services. All text, graphics, design, content, and other works are either copyrighted works of Instanodes or third parties mentioned therein. Instanodes
acknowledges proprietary rights of third parties displayed on the Site.
1. TERMS AND CONDITIONS OF USE
1.1 Welcome to the website www.Instanodes.io. The information and materials provided at the Site may be used for informational purposes only. By using, accessing or downloading materials from this Website you agree to follow the terms and provisions as outlined in this policy, which apply to all visits that you make, both now and in the future. You are encouraged to periodically visit this page to review the most current terms and conditions to which you are bound. If you do not agree to these terms of use, please do not use this Website. Together, these materials contain terms, rules, and
guidelines related to your use of the Website.
1.2 We reserve the right to update or modify these terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the revised terms on our website or through other methods of communication which we deem reasonable. Such revised terms as posted will take effect immediately, unless otherwise indicated. You should regularly check our Site to inform yourself of any such changes and decide whether or not to accept the revised version of these terms. If you continue to use our services following any update or modification of the terms you shall be deemed to have accepted the revised terms. If you do not agree to the terms or any update or modification to the terms, you must cease to access or use our services.
1.3 Services: Instanodes provides node infrastructure services, including but not limited to the following:
● Node deployment and management;
● Network connectivity;
● Technical support;
● Monitoring and maintenance;
● Data backup services.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.
1.2 WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF SERVICES AS DEFINED HEREIN AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN AT YOUR OWN DISCRETION.
1.3 Privacy Policy: For an explanation on how we collect, use and disclose information from our users please read our Privacy Policy. You acknowledge and agree that your use of the Services is subject to, and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with our Privacy Policy.
1.4 Eligibility: To be eligible to use our services: (i) you must be at least 16 years of age and legally competent to enter into this Agreement; (ii) you must not be a resident of sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”) or HM Treasury’s financial sanctions regime; and (iii) you must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (iv) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (v) you are duly authorized by such legal entity to act on its behalf. You can only use our services if permitted under the laws of your jurisdiction. For the avoidance of doubt, you may not use our services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our services would be illegal or otherwise violate any applicable laws. Please make sure that these terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our services with legally-obtained funds that rightfully belong to you. By using Instanodes, you represent and warrant that you meet all eligibility requirements that we outline in these terms.
2 OWNERSHIP:
2.1 Instanodes Ownership: The service encompassing all the software, code, data, text, graphics, designs, logos (except User Content), and a whole host of other materials found within is the property of Instanodes or its licensors. This wealth of content is safeguarded by copyright laws, trademarks, patents, and various other intellectual property regulations. You recognize that Instanodes holds onto all rights and ownership regarding the service.
2.2 User Content: When you upload, submit, post, or share any information or content through our service, that content remains entirely yours—this is what we refer to as “User Content.” By sharing your User Content with us, you’re giving Instanodes a non-exclusive and irrevocable license to use it worldwide. This means we can copy, reproduce, adapt, publish, transmit, display, and distribute your content in its current form or in different formats. The sole purpose of this is to enhance and deliver the Service effectively. You also confirm that you possess all the necessary rights to grant this license and that your User Content won’t step on anyone else’s toes by infringing their rights.
2.3 Feedback: Feel free to drop us your thoughts, suggestions, or any feedback you might have regarding the service. By doing so, you acknowledge that Instanodes has the right to use, share, replicate, license, and distribute your Feedback however they see fit. And guess what? They aren’t bound by any obligations to keep it under wraps or offer you compensation for it either!
3. FEE AND PAYMENT
3.1 Heads up! If you want to tap into specific features of our Service, there are fees involved. You can find all the details about the current pricing and payment terms right on our website at https://www.instanodes.io/pricing/ or as we might have agreed upon in writing.
3.2 Subscription Plans: Now, when you pick a subscription plan, be aware that it’ll renew automatically – whether that’s every month or year – unless you decide to cancel before the renewal date rolls around. By choosing this plan, you’re giving us the green light to charge your selected payment method for those subscription fees.
3.3 Payment Methods: We accept List accepted payment methods, e.g., credit cards, debit cards, PayPal. You are responsible for providing accurate and up-to-date payment information.
3.4 Late Payments: When it comes to late payments, if your payment method runs into issues or if your account is overdue, there’s a chance we might have to pause or even cancel your access to the Service. Oh, and don’t forget – late payment fees could also be charged.
3.5 Taxes: taxes as applicable will be borne by the user and remain exclusive of prices mentioned on the Site. In other words, you will remain responsible for all taxes, duties, or fees as may be applicable, from time to time.
3.6 Refunds: Our refund policy is available on the Website. Please review our refund policy carefully before subscribing to the service. We reserve the right to modify our refund policy at any time.
3.7 Price Changes: As for price adjustments, we might tweak our fees from time to time. Don’t worry though; we’ll let you know whenever there’s a change in our pricing structure. By continuing to use the Service after these updates, you’re essentially giving us a nod of acceptance on those changes.
4 AVAILABILITY AND MAINTENANCE
4.1 We strive to maintain 99.9% service uptime. We don’t, however, promise constant access. Sometimes, the Service will be down due to routine maintenance, an outage, or other circumstances that are beyond our control.
4.2 We will give advance notice if we schedule any maintenance. We may, however, have to do some emergency maintenance without notice.
4.3 We will not be responsible for any loss or damage due to the inability or interruption of the service.
5 YOUR CONDUCT
5.1 You agree to use the service in a responsible and lawful manner. You shall not:
Violate any applicable laws or regulations.
Infringing Instanodes’ or anyone else’s copyrights, patents or trademarks.
Transmits viruses, malware, or other forms of harmful code.
Interfere with the operation of the Service or access of other users.
Use the Service for any unlawful or unauthorized activity.
Engage in any activity that may harm, disable, overburden, or inconvenience the service.
Access to the service or any related systems or networks with the intent of gaining unauthorized access.
Collect or harvest any information related to any person’s identity without their permission.
Send any form of spam or unsolicited communications using the service.
Misrepresent your identity or affiliation.
5.2 We may suspend or terminate your use of the service if you breach these terms. We
may also cooperate with law enforcement agencies to investigate any suspected illegal
activities.
6. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
6.1 You understand and agree that we have no control over, and no duty to take any action
regarding the following:
a. The risk of failure of hardware, software, and Internet connections;
b. The risk of malicious software being introduced or found in the software underlying services;
c. The risk of unknown vulnerabilities in or unanticipated changes to the network infrastructure.
6.2 You release us from all liability related to any losses, damages, or claims arising from:
(a) user error such as forgotten passwords, incorrectly constructed transactions, or
mistyped addresses;
(b) server failure or data loss;
(c) unauthorized access to the Instanodes application;
(d) bugs or other errors in the Instanodes software; and
(e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Instanodes. We make no representations concerning any third party content contained in or accessed through our services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
7. THIRD PARTY SERVICES AND CONTENT
7.1 In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service. You may agree to receive push notifications from Third Party Content providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third Party Content shared through push notifications, and will have no responsibility for Third Party Content including, but not limited to, token availability and/or sales. If, to the extent permitted by Instanodes, you grant express permission to a third party to access or connect to your data or account, either through the third party’s product or service or through Instanodes, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party.
7.2 The Site may contain copyrighted material and trademarks including, but not limited to, text and graphics (the “Content”), which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Content. Your use of Instanodes does not grant you any right, title, or interest in the Content. You agree that you will not copy, reproduce, modify, republish, upload, post, transmit, distribute, collect, sell, license, create derivative works from, or, in any other way, whether manual or automated, exploit any of the Content, in whole or in part.
7.3 Infringement: When it comes to infringement, it’s clear: you must respect the intellectual property rights of Instanodes and any third parties involved. In simpler terms, that means you can’t just go ahead and copy, share, modify, or whip up new
creations from the service or its materials unless you have our explicit written approval.
8. CONFIDENTIALITY:
8.1 Parties agree that they shall hold confidential information and not disclose to any third parties (“Confidential Information”). The recipient of the Confidential Information must take all steps and do all things as may be reasonably necessary, prudent or
desirable in order to safeguard the confidentiality of the Confidential Information of the disclosing party. The Parties agree that Instanodes may share any Confidential Information with third parties, in the event such disclosure is required for the by any
government authorities. Notwithstanding, anything contained in this Agreement, neither Party shall be held liable for breach of this clause, in the event:
a. the Confidential Information is available in the public domain; and/or
b. a Party is required to make any Confidential Information available to any person by an order, decree or judgment of a court of law or for any request made under applicable laws by any government authority.
8. WARRANTY AND INDEMNITY:
SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF
WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY:
9.1 For purpose of this clause, “Liability” means liability in or for breach of this Agreement, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement. Instanodes excludes all responsibility and liability arising from or in connection with your access to, use of, or inability to access or use, the services.
9.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR:
(A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM:
(I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES;
(II) ANY UNAUTHORIZED USE OF YOUR CREDENTIALS DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY;
(III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKETHAT ARE FOUND IN THE SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION). THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT
LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
10. YOUR USE OF INSTANODES
10.1 You agree that you will not violate any laws when using our services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal or otherwise prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities. For the avoidance of doubt, if we discover that you have violated these terms and/or any applicable laws or regulatory requirements, including, but not limited to, the Bank Secrecy Act, we reserve
all of our rights and remedies under these terms and at law and will take all necessary actions against you. You further agree that:
(i) you will not encourage or induce any third party to engage in any of the activities prohibited under this section;
(ii) you will not impersonate someone or use or attempt to use another user’s personal details without authorization or use our services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it;
(iii) you will not distribute any virus or other harmful computer code through Instanodes;
(iv) you will not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure;
(v) you will not reverse engineer or bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the services including, without limitation, other accounts, computer systems, or networks connected to the services; and
(vi) you will not violate, misappropriate or infringe the rights of Instanodes, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. Although we have no obligation to monitor any user content, we have absolute discretion to take any necessary actions any time and for any reason without notice in the event you breach these terms. Any use of Instanodes other than as specifically authorized in these terms, without our prior written permission, is strictly prohibited and we shall have the right to terminate your license to use Instanodes immediately without notice. You acknowledge and accept that by using the services, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any user content, including any loss or damage to any of your user content.
11. GENERAL:
11.1 Waiver: The failure of either party to assert any of its rights under this Agreement, including, but not limited to, the right to terminate this Agreement in the event of breach or default by the other party, will not be deemed to constitute a waiver by that party of its right thereafter to enforce each and every provision in accordance with the terms of this Agreement.
11.2 If any clause or term of this Agreement should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the Parties shall negotiate in good faith to replace such clause with a clause which is valid, enforceable and legal but maintaining the essential provisions of that clause to the extent possible, provided that if the Parties should fail to reach agreement on such replacement clause, then the remaining terms and provisions of this Agreement shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of this Agreement.
11.3 No third-party rights: No term of this Agreement shall be enforceable by a third party.
11.4 No assignment: The user must not assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of the user’s obligations under it.
11.5 Independent contractors: This Agreement does not create any agency, employment, partnership, joint venture, or other joint relationship. Company and the user are independent contractors and neither has any authority to bind the other.
11.6 Termination by You: You may terminate your subscription to the service at any time by following the instructions on our website or contacting our support team.
11.7 Termination by Instanodes: We can terminate your access to the service at any time, with or without cause, including but not limited to violation of these terms.
11.8 Termination Effect: Termination automatically terminates your access to and use of the Service. You remain liable for outstanding fees and charges.
11.9 Data Retention: In the event that your access and use of the service are terminated, we retain your User Content for such a period of time as we consider necessary, pursuant to our internal policies and as may be permitted by law. We reserve our right to remove your User Content after this retention period. Please back up all of your User Content
before your termination.
11.10 Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes and replaces all prior agreement and understanding.
12. FORCE MAJEURE
We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of
God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
13. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this
Agreement) and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
14. QUESTIONS OR COMMENTS
We welcome comments, questions, concerns, or suggestions. Please send us a message on our contact email at [email protected]