Last updated: April 24, 2024
Welcome to NodeOrbit.com. These Terms of Service ("Terms," "Terms of Service") govern
your relationship with https://nodeorbit.com website (the
"Service") operated by Node Orbit Inc. ("us," "we," or "our").
Node Orbit is a blockchain node hosting, staking, and monitoring platform. By accessing or using the
Service, or clicking a button or checking a box marked "I Agree," you indicate that you have
read, understood, and agree to be bound by these Terms of Service, and to the collection and use of your
information as required for use of our service(s). These Terms apply to all visitors, users, and
others who register for or otherwise access or use the Service ("You", “User”, “Users”).
Certain services may be subject to additional terms and conditions specified by us, and your use of such
services is subject to those additional terms and conditions. By accessing or using the Service, you
agree to be bound by these Terms and accept all legal consequences.
Node Orbit is not a cryptocurrency exchange. We do not endorse or recommend any particular digital asset, transaction, or purchasing strategy. No content on the Node Orbit website nor communications with company personnel constitutes purchase or investment advice. Independent advice should be sought where appropriate. You acknowledge and agree that all transaction decisions are made solely by you, and Node Orbit bears no responsibility or liability for the outcome of your decisions. Please read this agreement carefully to ensure that you understand each provision before using the Service. If you do not agree with these terms of service, in whole or in part, please do not use the Service.
A. Member Conduct - If you choose to register for the Service, you agree to provide and
maintain true, accurate, current, and complete information about yourself as prompted by the
Service's registration form. Registration data and certain other information about you are governed
by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with
or without registering. Any use or access to the Service by anyone under 18 is strictly prohibited and
in violation of these Terms. You may use the Service only if you are in compliance with these Terms and
all applicable local, state, national, and international laws, rules, and regulations. The Service is
not available to any Users previously removed from the Service by Node Orbit.
You agree, at all times, to utilize the Services solely for the purposes for which they are intended and not for any illegal or fraudulent activity. You agree to be bound by the Service rules below.
B. Service Rules - You agree to not use the Service to:
C. Node Orbit Service - The Service allows you to host and monitor blockchain nodes, as
well as stake your digital assets through the medium of the Node Orbit platform. To access the hosting,
staking, or monitoring functionalities of the Service, you must register to create an account. You can
create an account using your email.
With the Node Orbit account you will (i) select a digital asset; (ii) select a subscription plan; (iii)
provide necessary information about your digital assets for the purposes of hosting;
(iv) provide information regarding your payment instruments such
as but not limited to credit card, PayPal, WeChat, Alipay or accepted cryptocurrencies; (v) represent
and warrant to Node Orbit that such information is true and that you are authorized to use the payment
instrument; (vi) promptly update your account information with any changes that may occur.
Node Orbit, at its discretion, may modify or update the Service, in whole or in part at any time. Subject
to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable
license to access and use the Service for your personal use only and as permitted by the features of the
Service. You are prohibited from using Node Orbit for any illegal or fraudulent purposes or for the
purpose of concluding transactions for any other parties. Node Orbit may terminate this license at any
time for any reason or no reason.
At our sole discretion, we reserve the right to modify, discontinue, replace, temporarily or permanently
the Service content or its parts at any time with or without notice. What constitutes a content change
will be determined at our sole discretion. You agree that Node Orbit will not be liable to you or to any
third party for any modification, suspension, or
discontinuance of the Service. We have no obligation to retain Your account for any period of time
beyond what may be required by applicable law.
By continuing to access or use the Service after those revisions become effective, you agree to be bound
by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the
website and the Service.
You agree that Node Orbit has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that Node Orbit reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
D. Your Node Orbit Account - Your Node Orbit account gives you access to the Service and any
other functionality that we may establish and maintain from time to time and in our sole discretion. We
may maintain different types of accounts for different types of users. If you open a Node Orbit account
on behalf of an organization, or other entity, then (i) "you" includes you and that entity,
and (ii) you represent and warrant that you are an authorized representative of the organization or
entity with the authority to bind the organization or entity to these Terms and that you agree to these
Terms on the entity's behalf. You may never use another user's account without permission.
When creating your account, you must provide accurate and complete information, and you must keep this
information up to date. Your access to the Service and the limits that apply to your use of the Service
may be altered as a result of information collected about you on an ongoing basis. You authorize us to
make inquiries, whether directly or through third parties, that we consider necessary to verify your
identity or protect you and/or Us against fraud or other financial crime, and to take action we
reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you
acknowledge and agree that your personal information may be disclosed to fraud prevention or financial
crime agencies and that these agencies may respond to our inquiries in full.
You are solely responsible for the activity that occurs on your account, and you must keep your account
password secure. We encourage you to use "strong" passwords (passwords that use a combination
of upper and lower case letters, numbers, and symbols) with your account. You must notify Node Orbit
immediately of any breach of security or unauthorized use of your account by emailing us.
Node Orbit will not be liable for any losses caused by any unauthorized use of your account.
By providing Node Orbit your email address, you consent to our using your email to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and newsletters.
The Service may contain links to third-party websites (including users) or services that are not owned or
controlled by Node Orbit. Node Orbit Inc. has no control over and assumes no responsibility for, the
content, privacy policies, or practices of any third party websites or services. You further acknowledge
and agree that Node Orbit Inc. shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such websites or services.
You acknowledge that Node Orbit Inc. does not pre-screen third-party (including users) content, but that Node Orbit and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service or deemed objectionable and/or violates these Terms of Service. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
You acknowledge and agree that the Service may contain content or features that are protected by
copyright, patent, trademark, trade secret, copyright rights, mask work rights, moral rights, rights of
publicity, goodwill, and/or other proprietary rights and laws. Except as expressly authorized by
Node Orbit Inc., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, re-use, display,
distribute, transmit, publish, re-publish, distribute or create derivative works based on the Service or
the Service Content commercially and non-commercially, either in whole or in part, in all forms and
media now or hereinafter known. In connection with your use of the Service, you will not engage in or
use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are
blocked by Node Orbit Inc. from accessing the Service (including blocking your IP address), you agree not
to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy
IP address). Any use of the Service or the Service Content other than as specifically authorized herein
is strictly prohibited. All materials of the Service including, without limitation, software, images,
text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs,
audio, videos, music, and all Intellectual Property Rights (defined below) related thereto, are the
exclusive property of Node Orbit and its licensors (including other Users who post User Content to the
Service). Use of the Node Orbit Content for any purpose not expressly permitted by these Terms is strictly
prohibited.
You may choose to, or We may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products. By submitting any such comments, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Node Orbit under any fiduciary or other obligation and that we are free to use your comments without any additional compensation to you, and/or to disclose the comments on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Node Orbit does not waive any rights to use similar or related comments previously known to Node Orbit, or developed by its employees, or obtained from sources other than you.
You acknowledge and agree that Node Orbit, its successors, and its affiliated companies and partners are the sole owners of the copyright materials of the Service in perpetuity. For the purposes hereof, all rights in the Service Content, including any copyrights and renewals or extensions thereto as well as all title, and interest that the user or any other person might be able to claim or hold, throughout the world, shall remain the sole and exclusive property of Node Orbit or its nominees, at its sole discretion for the entire life of copyright therein.
A. Payment Structure – Node Orbit offers monthly or yearly subscriptions for most of our services.
By default, plans will renew every 30 days for monthly subscriptions, or every 365 days for annual services.
You agree to pay Node Orbit your selected payment plan amount under the terms of such a plan and these
Terms of Service.
The prices listed on Node Orbit.com are in USD per month or per year. Prices are subject to change at any time and
without notice. We reserve the right to modify the number of resources given to nodes at any time.
For as long as your hosted nodes are in your Node Orbit portfolio, charges for Service will apply. To avoid
being charged recurring monthly or annual fees, you must manually cancel your plan through the Stripe payment portal,
which is accessible from the Node Orbit -> My Account page.
Except when independently negotiated and agreed by You and Us, and certified in a written form, the primary and regular Fees for the Services will be delivered to You in the usual requested online structure. Concurrent with these Terms, all sums paid to Node Orbit shall be non-reimbursable to You in case you decide to cancel the Service for any reason whatsoever (with the limited exception detailed in section B). The inability to pay for Node Orbit Services on time will result in Service interruption and/or Services termination and/or penalties collection.
B. Cancellation and Refund – Node Orbit offers a three day (72 hour) refund for any reason from the moment of any subscription purchase. Beyond three days (72 hours), Node Orbit is under no obligation to offer refunds or account credits of any kind. Node Orbit does not offer this refund on automatic monthly or yearly subscription renewals.
You agree that Node Orbit, in its sole discretion and without liability to you or any third party, may suspend or terminate your use of Service (or any part thereof) and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Node Orbit believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Node Orbit may: (a) suspend, restrict, or terminate your access to any or all of the Services, and/or (b) deactivate or cancel your account if: (i) you are carrying a negative balance, or (ii) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (iii) use of your account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; (iv) our service partners are unable to support your use; (v) suspend or terminate your account or access to the Service for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. Node Orbit may, without prior notice, suspend, change, limit, or stop providing the Service or features of the Service, to you or users in general. If Node Orbit suspends or closes your account, or terminates your use of the Service, in whole or in part, for any reason, we will use commercially reasonable efforts to provide you with notice of our actions unless a court order or other legal process prohibits us from providing you with such notice. You acknowledge that Node Orbit' decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Node Orbit' risk management and security protocols. You agree that Node Orbit is under no obligation to disclose the details of its risk management and security procedures to you.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Node Orbit will have no liability or responsibility with respect thereto. Node Orbit reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
To the fullest extent permitted by law, you agree to release, indemnify and hold Node Orbit and its
affiliates and their officers, employees, directors, and agent harmless from any and all losses,
damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and
injury (including death) arising out of or relating to your use of the Service, your connection to the
Service, your violation of these Terms of Service or your violation of any rights of another, Your
Content or any content that is submitted via your account including without limitation misleading,
false, or inaccurate information, your willful misconduct, or any other party's access and use of
the Service with your unique username, password or other appropriate security code.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Node Orbit EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
Node Orbit MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU AGREE THAT Node Orbit IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT Node Orbit WILL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR
LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Node Orbit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE
INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Node Orbit TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Node Orbit.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS
OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
YOU AND Node Orbit AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND Node Orbit REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
These Terms shall be governed by the laws applicable in the state of North Carolina. The courts competent in
Raleigh, North Carolina, shall have the exclusive jurisdiction to enforce and interpret it. Moreover,
You are solely responsible for all code, video, images, information, data, text, software, music, sound,
graphics, messages, or other Content that you upload, post, publish, display or email or otherwise use
via the Service. Node Orbit reserves the right to investigate and take appropriate legal action against
anyone who, in our sole discretion, violates the provisions mentioned above.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we will terminate the Service at our sole discretion for the users who are deemed to be repeated copyright infringers. Node Orbit may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Upon termination, your right to use the Service will immediately cease.
A. Agreement - These Terms of Service constitute the entire agreement between you and
Node Orbit and govern your use of the Service, superseding any prior agreements between you and Node Orbit
with respect to the Service. You also may be subject to additional terms of service that may apply when
you use affiliate or third-party services, third-party content, or third-party software.
These Terms of Service will be governed by the laws of the State of North Carolina without regard to its
conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set
forth above, you and Node Orbit agree to submit to the personal and exclusive jurisdiction of the state
and federal courts located within Raleigh, North Carolina. The failure of Node Orbit to exercise or
enforce any right or provision of these Terms of Service will not constitute a waiver of such right or
provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of these Terms of
Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Node Orbit, but Node Orbit may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Node Orbit be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
B. Notifications – Node Orbit may provide notifications, whether such notifications are
required by law or are for marketing or other business-related purposes, to you via email notice,
written or hard copy notice, or through posting of such notice on our website, as determined by Node Orbit
in our sole discretion. Node Orbit reserves the right to determine the form and means of providing
notifications to our users, provided that you may opt-out of certain means of notification as described
in these Terms. Node Orbit is not responsible for any automatic filtering you or your network provider may
apply to email notifications we send to the email address you provide us.
Node Orbit may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Contact Us
If you have any questions about our Terms of Service, please contact us by email or
write to our address to report any violations of these Terms of Service or to pose any questions
regarding our Terms of Service or the Service.
Node Orbit Inc.
1 Glenwood Avenue
Raleigh, NC 27603
