Effective Date: [July 12, 2023]
This Personal Data and General Confidentiality Agreement ("Agreement") is entered into by and between NHM LLC, doing business as 330 Hosting & Consulting ("Company"), and the individual or entity utilizing the web hosting services provided by the Company ("Client"). This Agreement governs the handling, use, and protection of personal data and general confidential information. By using the services, the Client agrees to be bound by this Agreement. If the Client does not agree to this Agreement, they should not use the services.
1.1 Definitions: "Personal data" refers to any information relating to an identified or identifiable individual.
1.2 Collection and Use: The Company may collect and process personal data provided by the Client for the purpose of providing the web hosting services. The Client represents and warrants that they have obtained all necessary consents and permissions from individuals whose personal data may be collected or processed in connection with the services.
1.3 Security and Confidentiality: The Company shall implement reasonable security measures to protect personal data from unauthorized access, use, or disclosure. The Company agrees to maintain the confidentiality of personal data and shall not disclose or transfer personal data to any third party without the Client's prior written consent, except as required by applicable laws or with the Client's explicit instructions.
2.1 Definition: "Confidential Information" refers to any non-public information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of the disclosure.
2.2 Protection of Confidential Information: The Receiving Party agrees to keep all Confidential Information confidential and to use it solely for the purposes of fulfilling their obligations under this Agreement. The Receiving Party shall take reasonable measures to protect the Confidential Information from unauthorized disclosure or use and shall not disclose or make Confidential Information available to any third party without the prior written consent of the Disclosing Party.
The Company and the Client shall comply with all applicable laws and regulations concerning the collection, use, and protection of personal data and confidential information. The Client acknowledges that they are solely responsible for ensuring compliance with any specific laws or regulations applicable to their business or industry.
The Company's liability for any breach of this Agreement, including any breach of data protection or confidentiality obligations, shall be limited to the extent permitted by applicable laws. In no event shall the Company be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services or the handling of personal data or confidential information.
This Agreement shall be governed by and construed in accordance with the laws of [Ohio, USA]. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in [Ohio, USA].
Please carefully review this Agreement. By using our Services, you acknowledge that you have read, understood, and agreed to be bound by its terms and conditions.
