Effective Date: [July 12, 2023]
This Service and Usage Agreement ("Agreement") governs your use of the web hosting services provided by NHM LLC, doing business as 330 Hosting & Consulting ("Company"). By using the web hosting services, you agree to be bound by this Agreement and any additional terms and conditions referenced herein. If you do not agree to this Agreement, please do not use the web hosting services.
1.1 Account Registration: To use our web hosting services, you must complete the registration process by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials, and you agree to accept responsibility for all activities that occur under your account.
1.2 Acceptable Use: You agree to use the web hosting services in compliance with all applicable laws, regulations, and policies. Prohibited activities include but are not limited to: unauthorized access, data breaches, distributing malware, engaging in illegal activities, spamming, or engaging in any activity that may disrupt or interfere with the web hosting services.
2.1 Service Level Agreement: We strive to provide a high level of service availability for our web hosting services. However, occasional downtime may occur due to scheduled maintenance, hardware or software failures, or factors beyond our control. We will make reasonable efforts to minimize any downtime and resolve issues promptly.
2.2 Support: We provide technical support for issues related to the web hosting services. Support may be offered through various channels such as email, live chat, or support tickets. We aim to respond to support requests in a timely manner, but response times may vary depending on the complexity of the issue and the volume of requests.
3.1 Data Protection: We implement industry-standard security measures to protect your data stored within our web hosting services. However, data security is a shared responsibility, and you are responsible for implementing appropriate security controls for your website and applications.
4.1 Ownership: You retain ownership of any intellectual property rights in the content you upload or publish through our web hosting services. By using our web hosting services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing the web hosting services.
4.2 Copyright Infringement: We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content hosted on our platform infringes your copyrights, please contact us promptly to initiate a takedown process.
5.1 Exclusion of Damages: In no event shall NHM LLC dba 330 Hosting & Consulting be liable to you or any third party for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the web hosting services, even if advised of the possibility of such damages.
5.2 Limitation of Liability: NHM LLC dba 330 Hosting & Consulting's total liability under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid by you for the web hosting services during the twelve (12) months preceding the event giving rise to the liability.
6.1 Termination by You: You may terminate your web hosting services at any time by following the instructions provided through our platform or by contacting our support team. No refunds will be provided for prepaid fees upon termination.
6.2 Termination by Company: NHM LLC dba 330 Hosting & Consulting reserves the right to suspend or terminate your web hosting services, in whole or in part, for any reason, including but not limited to violation of this Agreement or applicable laws. We will make reasonable efforts to notify you in advance unless immediate action is required to protect the integrity or security of our platform.
7.1 Modification: NHM LLC dba 330 Hosting & Consulting reserves the right to modify or update this Agreement at any time. Any changes will be effective upon posting the updated Agreement on our website. Your continued use of the web hosting services after such modifications constitutes your acceptance of the revised Agreement.
7.2 Governing Law: 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].
7.3 Entire Agreement: This Agreement constitutes the entire agreement between you and NHM LLC dba 330 Hosting & Consulting regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
Please carefully review this Agreement. By using our web hosting services, you acknowledge that you have read, understood, and agreed to be bound by its terms and conditions.
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.