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.
- Account Setup and Usage
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.
- Service Availability and Support
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.
- Data Security and Privacy
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.
3.2 Data Privacy: We respect your privacy and comply with applicable data protection laws. Our data privacy practices are outlined in our Privacy Policy, which describes how we collect, use, and disclose personal information. By using our web hosting services, you acknowledge and agree to the terms of our Privacy Policy.
- Intellectual Property
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.
- Limitation of Liability
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.
- Termination
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.
- General Provisions
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.