This Web Hosting Agreement is between NitroHost and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
NitroHost agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs.
All customers are responsible for monitoring their storage space and data transfer each month. Customers who are approaching the limits of their account will be sent an email with the option to either upgrade their account or reduce storage use. If customers continue to go over we will do everything possible to fix the problem. We do retain the right to suspend accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed seven days before the actual renew date in your account. If you have a credit / debit card on file with us you will not have to worry about manual payments as your payment will be processed automatically on the invoice due date. All accounts are set up on a pre-pay basis. NitroHost reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. You are responsible for all fees owed on the account from the time it was established to the time that you notify NitroHost to terminate services. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless cancelled beforehand.
- If you cancel a web hosting account on the monthly billing cycle, NitroHost cannot refund any payments made before the cancellation date.
- If you cancel a web hosting account on the quarterly or annual billing cycle, NitroHost will refund any whole unused months remaining in the paid term.
- Monthly, quarterly, and annual web hosting payments are non-refundable if your web hosting account is terminated for a violation of our terms of service/acceptable usage policy.
- Domain registrations, renewals, and transfers are non-refundable under any circumstances.
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated within this agreement. Customers agree that NitroHost holds the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of NitroHost notice to Customer that an amendment has been made, or the first day of any renewal term that begins subsequent to the amendment. Customer agrees to cooperate with NitroHost's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between NitroHost and Customer regarding the interpretation of the AUP, NitroHost's commercially reasonable interpretation of the AUP shall govern.
Customer InformationCustomer represents and warrants to NitroHost that the information he or she has provided and will provide to NitroHost for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to NitroHost that he or she is at least 18 years of age. NitroHost may rely on the instructions of the person listed as the Primary Customer Contact on the order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Technical Support Limits
NitroHost provides technical support for you that encompasses our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies we do our best to help with scripts, templates and programing languages. However, under no circumstances is NitroHost obligated to help you with the installation of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously.
Each shared web hosting account comes with its own CGI-BIN. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless NitroHost, NitroHost's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including our reasonable attorney fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS NitroHost AGAINST LIABILITIES ARISING FROM:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH NitroHost'S SERVICES.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM NitroHost'S SERVERS.
Disclaimer Of Warranties
NitroHost does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law NitroHost disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation Of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of NitroHost and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount paid by customer for the service.
Suspension Of Service / Termination
Customer agrees that NitroHost may suspend services to Customer without notice and without liability if: (i) NitroHost reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) NitroHost reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if NitroHost fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by NitroHost prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from NitroHost describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Requests For Customer InformationCustomer agrees that NitroHost may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that NitroHost believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Customer agrees to maintain a current copy of all content hosted by NitroHost not with standing any agreement by NitroHost to provide back up services.
Changes To NitroHost's Network
Upgrades and other changes in NitroHost's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. NitroHost reserves the right to change its network in its commercially reasonable discretion, and NitroHost shall not be liable for any resulting harm to Customer.
Notices to NitroHost under the Agreement shall be given via electronic mail to the email address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his or her notice address by a notice given in accordance with this Section.
NitroHost shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond NitroHost's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing Law / Disputes
The Agreement shall be governed by the laws of the State of Rhode Island, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on NitroHost unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without NitroHost's prior written consent. NitroHost's approval for assignment is contingent on the assignee meeting NitroHost's credit approval criteria. NitroHost may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on NitroHost's servers must be legally owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within your account, the files will be subjected to deletion.
Cancellation Of Service
NitroHost reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by NitroHost if we institute our right of cancelation, except in the event that such cancellation is as a result of Customer's violation of our AUP or this Agreement. Any violation of policies which results in extra costs will be billed to Customer.
Promotional Rates & Special Offers
NitroHost may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Intellectual Property Rights
Material accessible to you through NitroHost's services may be subject to protection under United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, you must not use NitroHost or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the NitroHost network. If you use a domain name in connection with NitroHost or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the NitroHost network in an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. NitroHost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
IP Address Ownership
NitroHost shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by NitroHost. NitroHost reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registrations, Renewals, and Transfers
NitroHost reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from NitroHost to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by NitroHost) in connection with the payment of the registration fee for your domain name registration, you agreea and acknowledge that the domain name registration shall be transferred to NitroHost as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. NitroHost will reinstate your domain name registration solely at NitroHost's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transferring a Domain Away From NitroHost
NitroHost reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact.
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for a lock status change.
Customer agrees and acknowledges that the failure or success of a domain name transfer will be his/her sole responsibility, and NitroHost will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase a domain name until you are certain that it is exactly what you would like to buy.
NitroHost reserves the right to refuse service to anyone. You may only use NitroHost services for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to co-operate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of NitroHost management.
If illegal content or usage is found, the account will be suspended and/or terminated. You agree that NitroHost may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
NitroHost follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
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