Terms Of Service and Acceptable User Agreement
This Terms and Conditions Agreement (the "Agreement"), made effective as of the 19th day of December, 2018, applies to all products, services and websites ("Services") offered by NetworkStress. ("NetworkStress") or its subsidiaries or affiliated companies. Product and service specific terms and conditions may be posted.
USING OUR SERVICES INDICATES THAT YOU ACCEPT THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER, PLACE AN ORDER OR ENTER A SERVICE CONTRACT WITH US. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT REGISTER OR USE OUR SERVICES.
1.1 This Agreement between the end user, You, and NetworkStress consists of the Standard Terms and Conditions for our Services.
1.2 This Agreement is effective as of the 19th day of December, 2018.
1.3 This Agreement may change at any time. NetworkStress will post any changes to this Agreement in advance to the effective date and will provide a more prominent notice, including an email notification, for any significant changes. NetworkStress will maintain an copy containing prior versions of this Agreement for your review. If You do not wish to accept a new version of this Agreement, discontinue use of our Services.
2.1 All content, graphics, designs, digital media and any other matters related to our Services are protected under applicable copyrights, intellectual property rights and other proprietary rights.
2.2 The copying, redistribution, use or publication of any part or parts of our Services is strictly prohibited without the written discretion of NetworkStress.
2.3 You do NOT acquire ownership rights to any content, documents or other materials when viewed through our Services. The posting of information or materials on our Services does not constitute a waiver of any right in such information or materials. Once information or material is posted on our Services, it becomes the property of NetworkStress.
3. INTELLECTUAL PROPERTY
3.1 NetworkStress offers various information in downloadable form. Downloading such files does not grant ownership of the information contained within.
3.2 Downloadable files may not be sold or redistributed under any circumstances without the written discretion of NetworkStress.
4.1 NetworkStress offers membership starting from 10$.
4.2 Membership is required for access to certain features of our Services.
4.3 Membership does not grant access to all features of our Services. Some features may be a part of a premium service, requiring a service fee for use.
4.4 Your right to use our Services is nontransferable. This includes any and all features that are unlocked when You register with us or purchase premium service.
4.5 Any password or right given to You to obtain information or documents is nontransferable and may only be used by You.
4.6 Any account believed to be in violation of the clauses 4.4 or 4.5, above, will be suspended without any prior notice needed and legal process may be filed against the offending party.
5.1 NetworkStress offers rewards for referrals.
5.2 To earn referral rewards, You must first become a registered member. Please see Section 4 Membership for details pertaining to members of NetworkStress.
5.3 Referral rewards will be in the form of an account upgrade free of cost.
5.4 Chargebacks and other disputes by the referee will result in the loss of the upgrade. Referral reward may be returned depending on the outcome of the chargeback or dispute.
6.1 To place an order for our Services, You must first become a registered member. Please see Section 4 Membership for details pertaining to membership on NetworkStress.
6.2 Services will be auto delivered once the payment is cleared.
6.3 Chargebacks and other disputes will result in immediate service suspension, if applicable. Service may be permanently terminated depending on the outcome of the chargeback or dispute.
7.1 All prices are subject to change without any prior notice.
7.2 Any orders that were placed before price changes will not be affected.
7.3 NetworkStress will not honor prices from server errors or from cached pages. If a server error has occurred, any customers affected will be contacted as soon as possible and will be allowed to cancel or edit the affected order. Any resulting refunds will be handled as described in Section 10 Refunds.
8.1 NetworkStress can accept Paypal, Coinpayments and PerfectMoney.
8.2 NetworkStress reserves the right to temporarily or permanently suspend, with or without notice, any of the payment methods listed in clause 9.1, above.
8.3 Paypal payments:
8.3.1 All payments via Paypal are handled on Paypal's secure website.
8.3.2 Paypal payments are available to both current Paypal customers as well as non-customers. It is not necessary to create an account with Paypal to use our payment solution on their website.
8.4 Coinpayments payments:
8.4.1 All payments via Coinpayments are handled on Coinpayment's secure website.
8.4.2 Coinpayments payments are available to both current Coinpayments customers as well as non-customers. It is not necessary to create an account with Coinbase to use our payment solution on their website.
9.1 Refunds are only granted after the request has been reviewed and approved by NetworkStress.
9.2 We do not offer refunds but under special circumstances clause 9.1 will be valid.
9.3 Due to the instability of crypto-currency exchange rates, all crypto-currency payments are ineligible for refunds.
9.4 NetworkStress will only refund to the source from which payment was received. This greatly diminishes the possibility of fraud.
10. SERVICE ACCESS
10.1 While we try to ensure that our Services are available and online 24 hours a day, we will not be held liable if, for any reason, our Services are unavailable at any time or for any period of time.
10.2 Access to our Services may be suspended temporarily, with or without notice, in the case of critical system failure, maintenance, repair or other reasons beyond our control.
10.3 NetworkStress may offer reasonable compensation for any unexpected backbone service interruptions for all affected parties in the unlikely event such an interruption shall occur.
11. BANDWIDTH GUARANTEE
11.2 Bandwidth is recorded internally before leaving our network. Network losses beyond our control may occur in transit and are not covered by this guarantee.
11.3 This guarantee is only valid under the following limited conditions:
11.3.1 When server usage is less than 90% of server capacity.
11.3.2 When the host is not fully ddos protection.
11.3.3 When duration is greater than 30 seconds.
11.3.4 When source IP address remains constant throughout the stress test.
12. VISITOR MATERIAL AND CONDUCT
12.1 You are prohibited from stressing internet connections and/or servers that You do not have ownership of or authorization to test.
12.2 You are prohibited from posting or transmitting to or from this website any material that others would deem threatening or discriminatory.
12.3 You are prohibited from distributing any information or downloadable content, freely or for profit, on any other websites or medium.
12.4 You are prohibited from attempting to post or upload any material that is technically harmful, including but not limited to, viruses, spyware, Trojan horses, worms or any other malicious software or harmful data.
12.5 If You misuse our Services, including, but not limited to the methods described above, we will fully cooperate with law enforcement authorities and disclose any information to those authorities that will identify and/or locate anyone in breach of clauses 12.1, 12.2, 12.3 and/or 12.4, above.
13.1 In no event shall NetworkStress be held liable for any special, incidental or consequential damages or any nature due to the use of our Services and/or any information found with our Services. This includes, but is not limited to, damages resulting in loss of profit or revenue, installation costs, damage to property, personal injury, death and legal expenses.
13.2 You acknowledge that NetworkStress and the manufacturer or supplier of any products or information found on our Services are not to be held responsible for any claim or damage resulting from use.
13.3 Any statements or advice offered or given to You is given without charge. NetworkStress assumes no liability for such statements or advice and the use of such.
13.4 You must agree to compensate/secure, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including resultant attorney fees, related to your violation of this Agreement and/or use of our Services.
14.1 While we try to ensure that all information we provide is correct, we do not warrant the accuracy or completeness of any and all material on our Services.
14.2 We may make changes to the information, products and prices on our Services at any time, without prior notice.
14.3 The material on our Services is provided "as is" without any warranties of any kind.