LEGAL INFORMATION
Nevada IT Solutions Legal Agreements
Review our complete terms of service, spam policy, content agreements and service level agreements. Put in place for your benefit.
Terms of Service & Acceptable Use Policy (“Dedicated Hosting Agreement”)
This legally binding contract (the “Agreement”) is by and between Adil Creative Services, LLC., a Nevada Limited Liability company DBA (“Nevada IT Solutions”), and you and your assigns, employees, agents or contractors (“You”, “Your”, the “Client”) and is effective as of the date you purchase dedicated hosting services from Nevada IT Solutions. This Agreement sets forth the terms and conditions of Your use of Nevada IT Solutions’s Dedicated, Cloud and Other Hosting and technology, project, development or IT services (collectively, the “Services”) and represents the entire agreement between You and Nevada IT Solutions relating to the Services. This Agreement contains provisions that set forth Nevada IT Solutions’s Acceptable Use Policy, Privacy Policy sections below.
By purchasing or executing an agreement or proposal for the Services by either cash, credit, debit, check, electronic or mailed payment, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Nevada IT Solutions may establish and post on its website from time to time.
Description of Services
Nevada IT Solutions provides the Services to its customers for a monthly fee. Nevada IT Solutions will provide You an account on one or more of its cloud or dedicated servers, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. Nevada IT Solutions reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. Nevada IT Solutions shall use reasonable efforts to notify You in advance of any planned changes to Nevada IT Solutions’s network or facilities that may adversely affect the Services provided under this Agreement.
Fees
Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, terminations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by Nevada IT Solutions in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.
Payment Options
Nevada IT Solutions provides several options for payment:
– Credit Card on File. When you place a credit card on file with Nevada IT Solutions, we will, typically, bill the card a few days before your invoice is due. If the credit card charge is expired, not authorized or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly. If your invoice becomes more than 3-days past due (from the invoice Due Date) then Nevada IT Solutions reserves the right to suspend service or terminate service after 5 days past due until payment is received.
– Checks, Money Orders, Wire Transfers and Pay Pal payments. Nevada IT Solutions accepts both checks and money orders. In the event a check is returned, Nevada IT Solutions will charge a returned check fee of $35.00 or, if less, legal limit in Your state or country. You are responsible for payment of all bounced check fees. In the event Your invoice is 3-days or more past due (from the invoice Due Date) then Nevada IT Solutions reserves the right to suspend service or terminate service after 5 days past due until payment is received.
– Third Party Processing Options. Currently, Nevada IT Solutions is able to accept Third Party Payments via the following sources: Pay Pal and Alert Pay. Payments must be fully CLEARED before they are credited to your account. Bounced payments will incur a fee of $35.00 or, if less, the legal limit for a bounced check or payment in your state or country. In the event Your invoice is 3-days or more past due (from the invoice Due Date) then Nevada IT Solutions reserves the right to suspend service or terminate service after 5 days past due until payment is received.
Late Payment
Nevada IT Solutions reserves the right to charge a late fee of 1.5% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.
Non-Payment or Incomplete-Payment Termination
In the event you fail to pay your invoice within 3 days of the due date, we reserve the right to suspend your service.
If you are still past due on the 5th day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.
If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
Overage Billing
“Overage” is defined as usage of the Services provided by Nevada IT Solutions to You in excess of the allocated limitation. Overages are charged for SAN, Backup, Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account.
You agree to pay the then-current Overage fees and charges for the Nevada IT Solutions services, including backup and bandwidth Overage fees, upon receipt of an invoice. Overage rates are set by the specific service and may be obtained by written request to [email protected] Usage information is available in our Management Portal and through your Nevada IT Solutions Account Executive or Project/Service Manager.
Overage fees can be avoided by subscribing to a higher service plan.
Term and Termination and Money Back Guarantee
You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. For information on how to terminate Your account, please contact the Nevada IT Solutions billing department.
When you request termination, we will follow this process: We will first contact you to confirm the termination and verify that you are authorized under your account to terminate it. Then, we will immediately suspend billing and disconnect service to the server. We are not able to schedule termination ahead of time, and all termination requests are effective immediately. Regarding mid-month or mid-period terminations, Nevada IT Solutions will not issue pro-rated refunds for payments received in the middle of a payment cycle. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.
Nevada IT Solutions may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, Nevada IT Solutions shall have no obligation to refund any fees paid in advance by You.
At this time, Nevada IT Solutions does not offer a refund-based MBG of any kind.
Chargebacks and Payment Disputes
Under this Terms of Service agreement you must first contact Nevada IT Solutions to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact Nevada IT Solutions before contacting your financial institution to seek a resolution.
In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
Promotional or Special Offers: Pre-payment Offers
From time to time, Nevada IT Solutions may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first months service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month’s service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.
Promotional or Special Offers: Other Types of Offers
From time to time, Nevada IT Solutions may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: “Three Months Free Load Balancing Service”) require You, the Client, to contact Nevada IT Solutions prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and You, the Client, agree to pay, in full, the full monthly rate, unless You cancel in advance.
Tortious and Other Unreasonable Conduct
Any abuse towards any Nevada IT Solutions employee will not be tolerated. You are expected to request and respond to support, billing and other issues in a professional manner, when emailing, calling or submitting online tickets to Nevada IT Solutions. Any cursing, yelling, or further intentional disruptive behavior aimed at Nevada IT Solutions or its employees shall be considered a violation of this Terms of Service agreement.
Any threat; whether orally, verbally, in writing, via E-mail, via Live Chat directed towards Nevada IT Solutions or any of Nevada IT Solutions’s employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities. No refunds shall be given for termination of the Services for violation of these provisions.
Nevada IT Solutions reserves the right to cancel, suspend or terminate any or all of the Services after receiving billing, sales or development or technical requests which Nevada IT Solutions, in its sole discretion, considers unreasonable or excessive. Nevada IT Solutions may limit, at any time or without prior notice to you, the availability and type of billing support provided.
License to Host
You hereby grant to Nevada IT Solutions a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make archival or backup copies of content uploaded by You to the Nevada IT Solutions servers. Nevada IT Solutions shall have the right, but not the obligation, to make backup copies of the data uploaded by You to the Nevada IT Solutions servers. You are responsible for any of your content residing on Nevada IT Solutions’s servers and for the backup thereof.
Storage and Security
At all times, You bear full risk of loss of any content and software you place on the Nevada IT Solutions servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
Nevada IT Solutions does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through Nevada IT Solutions’s ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on Nevada IT Solutions servers. Nevada IT Solutions shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
Nevada IT Solutions Service Level Agreement
Nevada IT Solutions guarantees that it will provide You with a level of service as explained below (the “Service Level Agreement”). To the extent that Nevada IT Solutions does not provide the Services at the levels guaranteed in this Service Level Agreement, it will credit Your account or provide You a refund in an appropriate amount, reflecting percentages of the monthly fees You pay to Nevada IT Solutions for the Services.
The Service Level Agreement has two tiers: Regular SLA and Enhanced SLA. Nevada IT Solutions’s obligation to provide You with a credit is determined by Your tier assignment, which is determined by the tier You select in the signup process, or the higher tier in which Nevada IT Solutions may, in its discretion, place You based on other criteria. To the extent Nevada IT Solutions does not provide the Service within the applicable Time Guarantee, You will be eligible to receive the Amount of Credit as set forth below:
| Service | Time GuaranteeRegular SLA/Enhanced SLA | Amount of Credit | |
| Server Deployment: The process of fulfilling Your order, properly placed, for one or more dedicated servers, by installing and configuring the appropriate equipment and making it substantially available for reasonable use. | Measured from the time Nevada IT Solutions provides written confirmation to You that Your fully-paid order for one or more dedicated servers has been received. 3 hours/1 hour | 10% | |
| Virtual Machine (VM) Deployment : The process of fulfilling Your order, properly placed, for one or more public cloud instances, or virtual machine instances on a private cloud, by installing and configuring the appropriate equipment and making it substantially available for reasonable use. | Measured from the time Nevada IT Solutions provides written confirmation to You that Your fully-paid order for one or more public cloud instances has been received. 30 minutes/30 minutes | 10% | |
| Hardware Replacement: The replacement of any server hardware component such as, but not limited to, hard drives, memory or processors substantially affecting the performance of the Services, after having been determined by Nevada IT Solutions in its reasonable discretion to require replacement. | Measured from Nevada IT Solutions’s issuance of written notice to You that the affected hardware requires replacement, after appropriate trouble shooting. 90 minutes/30 minutes | 10% | |
| First Response to Support Ticket: The first written response from Nevada IT Solutions to a Support Ticket that You submit seeking support for the Services. Does not apply to tickets other than support tickets, e.g., sales, billing and abuse, development or project management. | Measured from the time Nevada IT Solutions’s system assigns Your Support Ticket a number in its system. 1 hour/10 minutes | 5% | |
| Ticket Update Frequency: The written update provided to You on the status of Your previously-submitted Support Ticket. Does not apply to tickets other than support tickets, e.g., sales, billing and abuse, development or project management & other services, or to subsequent amendments, additions or changes by You to a Support Ticket. | Measured from the time of the First Response to Support Ticket, or previous update You make to a Support Ticket, as applicable. Times below show update frequency except where previous communication to You from Nevada IT Solutions states that issue resolution will take longer than the Time Guarantee for next update, or a specific amount of time, in which case You will be notified within that amount of time that the issue has been resolved. 2 hour/30 minutes | 5% | |
| Escalation to Senior Staff Time: The written response You will receive from a Senior Staff member in the event Nevada IT Solutions determines in its reasonable discretion that Your issue requires Senior Staff attention. | Measured from the time You are notified in writing that Your issue is being escalated to a Nevada IT Solutions Senior Staff member until You receive written communications from a Senior Staff member.Enhanced SLA tickets are handled by Escalated Senior Staff from the start, and thus all tickets under the Enhanced SLA are considered escalated upon receipt. 90 minutes/0 minutes | 10% | |
| Migrations: : The movement of data from one server to another, at Your direction. | Measured as the amount of time from the start of the migration until the server onto which data is being migrated is substantially available for reasonable use.In order to accurately predict and estimate migration time, Nevada IT Solutions technical personal will conduct a review of the data to be migrated. Your cooperation in this review process will be needed in the form of completing a Migration Estimate Form. Once Nevada IT Solutions completes its review, it will provide an estimated period of time for the migration. This is the guaranteed time frame for the process to be completed. Case-by-case/Case-by-case | 5% | |
| Network Uptime and Power Uptime | |||
| Nevada IT Solutions guarantees that the Services will be available 100% of the time and, except as provided in this Agreement, in the event the Services are unavailable due to Downtime, You will be entitled to a credit or refund as set forth below. For purposes of this Agreement, the term “Uptime” refers to the amount of time the Services are available in each calendar month, measured by Nevada IT Solutions’s internal monitoring systems. The term “Downtime” shall refer to the amount of time the Services are unavailable due to issues with electrical power or network connectivity, as measured by Nevada IT Solutions’s internal monitoring systems, but shall not include unavailability of the Services caused by emergency maintenance, scheduled maintenance, system upgrades, DNS issues outside Nevada IT Solutions’s control, issues with FTP, Exchange, POP, IMAP or SMTP customer access, acts or omissions by You or any of Your employees or agents, Your violation of Nevada IT Solutions’s Acceptable Use Policy, or problems with users, web browsers, DNS, or other caching that might make it appear the Services are unavailable even though other internet users can access the Services. | |||
| Uptime | Credit | ||
| 100% | 0% | ||
| 99.1% to 99.9% | 5% | ||
| 98% to 99% | 10% | ||
| 95% to 97.9% | 25% | ||
| 90% to 94.9% | 50% | ||
| 89% or below | 100% | ||
The total amount credited to You in a particular month under this Agreement shall not exceed the total amount of fees paid by You for such month for the affected Services. Credits or refunds are exclusive of any applicable taxes charged to You or collected by Nevada IT Solutions and are Your sole and exclusive remedy with respect to any failure by Nevada IT Solutions to provide the Services. The provisions of the Agreement pertaining to Force Majeure are unaffected by the terms of this Service Level Agreement.
You may request an automatically generated report from Nevada IT Solutions showing the status of Nevada IT Solutions’s compliance with the guarantees of service levels set forth in this Service Level Agreement an unlimited number of times in any calendar month by clicking on Server Status inside your password protected account within the Nevada IT Solutions Management Portal.
Your eligibility to receive credit or a refund is not cumulative, but is limited to one credit or refund per incident. Merely by way of example, failure on the part of Nevada IT Solutions to migrate Your data to a new server within the corresponding Time Guarantee shall not entitle You to a credit or refund for a delayed response in the same incident related to the same matter. Nevada IT Solutions shall apply credits or refunds based on the predominant issue with the problem, as determined in Nevada IT Solutions’s reasonable discretion, and shall issue the larger of two credits should two equally important issues occur in the same incident.
Measurements of time for purposes of calculating eligibility for credit or refund under this Service Level Agreement shall be based on completed full minute (60 second) increments and not partial minutes. By way of example, any fulfillment by Nevada IT Solutions of its obligation to complete a task within 10 minutes shall be considered fulfilled in a timely manner if completed within 10 minutes and 59 seconds of the event triggering the calculation of the interval.
You must accrue a minimum amount of $5.00 in credits or refund before Nevada IT Solutions will make payment of any amounts due. All credits or refunds will be tracked with Your account, and once Nevada IT Solutions will apply the credit or make the refund with the above-stated minimum is met.
Furthermore, credits are calculated by taking the total monthly service fee payment for the impacted services (the exact server(s), cloud instances or tickets that experienced the issue) and multiplying it by the credit percentage. To avoid any doubt, credits are never calculated for an entire account unless all services under that account were impacted.
Acceptable Use
You agree not to use the Services to:
– upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; - administer IRC; - provide web proxying or other anonymizing services to hide the origin of network traffic; - harm minors in any way; - impersonate any person or entity; - “stalk” or otherwise harass another person; - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; - upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); - upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; - upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes;” - upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; - interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; - intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; - provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or - collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
Zero Tolerance Policy for Unsolicited E-mail/Black Listing
“Unsolicited E-mail Complaint” is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. “Unsolicited E-mail Incident” is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.
Black Listing: “IP Black Listing” is an occurrence when a third party black listing service determines that a Nevada IT Solutions issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same “IP range”) being unable to send E-mail to certain third parties.
Nevada IT Solutions has designed this portion of this Agreement to comply with the United States CAN-SPAM Act (the “Act”.) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.
Zero Tolerance for Black Listing: Nevada IT Solutions has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including “Spamvertising” other websites or services or products) to be violations of this Agreement. If an IP address assigned to You is found to be Black Listed, Nevada IT Solutions reserves the right to discontinue your services immediately with or without warning.
Furthermore Nevada IT Solutions will levy a Black Listing processing fee of $200 for the first instance of IP Black Listing and $400 for the second instance of IP Black Listing (collectively, the “Penalties”.) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Nevada IT Solutions. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.
TERMS APPLICABLE TO RESELLERS
THE TERMS IN THIS SECTION APPLY TO RESELLERS OF NEVADA IT SOLUTIONS’S HOSTING SERVICES THROUGH NEVADA IT SOLUTIONS’S RESELLER PROGRAM
Grant of Right to Resell Services
Provided that You complete the registration process and are accepted by Nevada IT Solutions for participation in Nevada IT Solutions’s Reseller Program (the Reseller Program), You are granted the limited right as provided in this section to resell the Services. This limited right is conditioned upon Your full compliance with all applicable user agreements, including but not limited to Nevada IT Solutions’s Terms of Service and Acceptable Use Policy, and is also conditioned upon compliance with all applicable user agreements by the customers of Yours to whom You resell Nevada IT Solutions’s services (Reseller Customers).
The rights granted to You to resell the Services are non-transferable and cannot be sold separately or in conjunction with the sale of an existing site or business without Nevada IT Solutions’s prior written consent.
Price and Payment
Nevada IT Solutions will provide the Services to You under the Reseller Program at the prices and rates posted on the Reseller Price Schedule, which is located inside of the Nevada IT Solutions control panel and accessible at any time, applicable to You. The rates applicable to You will vary depending on various factors such as
– Volume of servers that you currently maintain with Nevada IT Solutions - Volume of value added services that you currently maintain with Nevada IT Solutions - Special written offers provided by an Account Executive or other authorized Nevada IT Solutions employee. - Custom pricing for Servers and Services (Overrides)
Pricing is updated every night automatically based on the above factors
Indemnification by Reseller
You agree to indemnify, defend and hold Nevada IT Solutions harmless against any and all claims, damages and liability occasioned by any conduct of You or Your Reseller Customers, including any and all claims arising from content uploaded or stored by any Reseller Customer. You agree to indemnify Nevada IT Solutions against transactions processed by Nevada IT Solutions by or on Your behalf that are fraudulent in nature.
Agreement to Cooperate With Investigations
You agree that You will provide assistance to Nevada IT Solutions in connection with any investigation, demand, or notice provided to Nevada IT Solutions pertaining to any conduct or content of any Reseller Customer made by any governmental agency or third party. Such assistance shall include but not be limited to investigation and necessary communication in connection with Takedown Notices issued to Nevada IT Solutions pursuant to the Digital Millennium Copyright Act. You agree that You will cooperate with Nevada IT Solutions in connection with all reasonable requests made by Nevada IT Solutions for You to preserve all information and content that may be the subject of any investigation or third party claim.
Management of Reseller Customer Accounts
At all times you must maintain a list and contact information of your clients with Nevada IT Solutions for the purpose of cooperation with any investigations that may be executed upon you or your clients activities, and to maintain your active status as a reseller with Nevada IT Solutions.
In the event of a default or breach by You of any provision of this Agreement or the Nevada IT Solutions TOS (Terms of Service), or in the event You abandon, for any reason, Your obligation to provide the Services to any of Your Reseller Customers, Nevada IT Solutions shall be entitled to do any of the following in connection with Your Reseller Accounts:
– Directly contact Reseller Customers - Bill Your Reseller Customers directly for the Services - Collect all amounts due directly from such Reseller Customers - Terminate Your Account (including Your status as a participant in the Reseller Program)
In the event of default, breach or abandonment by You as provided in this subsection, You agree to provide to Nevada IT Solutions, on Nevada IT Solutions’s request, all billing and contact information for each of Your Reseller Customers so that Nevada IT Solutions may exercise the rights set forth in this subsection.
Your Obligations to Provide Customer Service
Unless You elect otherwise, on a per incident basis, through a technical feature in the Reseller Program, You shall be solely responsible for providing all Customer Service to Your Reseller Customers. In the event You elect to have Nevada IT Solutions handle a particular customer service incident, You grant the authority to Nevada IT Solutions to handle the particular situation exercising Nevada IT Solutions’s sole discretion, and agree to hold Nevada IT Solutions harmless for any claims made by the Reseller Customer in connection with Nevada IT Solutions’s handling of the customer service request. Nevada IT Solutions reserves the right to charge You a fee for each incident You elect Nevada IT Solutions to handle.
Requirements for Agreements With Reseller Customers
In no event will You undertake any obligation to any Reseller Customer which would grant or purport to grant any rights not expressly provided to You under this Agreement
Disclaimer of Warranties
You acknowledge and agree that Nevada IT Solutions exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. NEITHER NEVADA IT SOLUTIONS, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT NEVADA IT SOLUTIONS PROVIDES. NEITHER NEVADA IT SOLUTIONS, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. NEVADA IT SOLUTIONS IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY NEVADA IT SOLUTIONS.
Indemnification
You agree to indemnify, hold harmless, and defend Nevada IT Solutions and all directors, officers, employees, and agents of Nevada IT Solutions from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by You, including any violation of the Acceptable Use Policy set forth in this Agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.
Limitation of Liability
IN NO EVENT SHALL NEVADA IT SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF NEVADA IT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Nevada IT Solutions’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by You for the Services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The provisions of this Agreement pertaining to Uptime Guarantee apply to credits available to you for system downtime.
Nevada IT Solutions’s Utilization of Third Party Services
Nevada IT Solutions reserves the right, and You agree to pay for, services of third party consultants hired by Nevada IT Solutions in its discretion to assist Nevada IT Solutions in providing the Services to you. Fees for the services of third parties retained by Nevada IT Solutions will be charged to You in the invoice covering the period during which the third party services were utilized by Nevada IT Solutions.
Force Majeure
Nevada IT Solutions shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
Intellectual Property
You represent and warrant that Your use of the Services shall not infringe the intellectual property or other proprietary rights of Nevada IT Solutions or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Nevada IT Solutions is owned by Nevada IT Solutions and/or its licensors. Unless otherwise specifically provided in this Agreement, You shall have no right, title, claims or interest in or to Nevada IT Solutions’s intellectual property.
You shall not copy, modify or translate any Nevada IT Solutions intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute Nevada IT Solutions intellectual property in any manner without the prior written consent of Nevada IT Solutions.
Nevada IT Solutions respects the intellectual property of others, and we ask You to do the same. Nevada IT Solutions may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Governing Law and Forum Selection
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Exclusive jurisdiction and venue shall be in Clark County, Nevada Superior Court.
Waiver and Modification
Except as otherwise provided herein, this Agreement may not be amended except through a writing executed by the parties. Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
Assignment and Severability/Interpretation
This Agreement shall be binding upon and inure to the benefit of You, Nevada IT Solutions and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of Nevada IT Solutions, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Additional Incorporated Agreements
Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.
Nevada IT Solutions reserves the right to modify this agreement as needed without notice, and You agree that by creating, using, or otherwise engaging in business with Nevada IT Solutions, that You have fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of Your organization or Yourself.
TERMS APPLICABLE TO AFFILIATES
THE TERMS IN THIS SECTION APPLY TO AFFILIATES OF NEVADA IT SOLUTIONS’S HOSTING SERVICES THROUGH NEVADA IT SOLUTIONS’S AFFILIATE/REFERRAL PROGRAM
Commissions are only paid on transactions that have remained valid and active on Nevada IT Solutions networks for at least 30 days. For example, commissions earned during January will mature in February and be processed on March 15th. Thus, depending on when you join and when the transactions take place, your payment may take anywhere from 45 days to 60 days to be processed and submitted for payment.
Current Nevada IT Solutions customers are encouraged to participate in the program and refer business to Nevada IT Solutions. However, customers will not receive payment for affiliate transactions associated with their own account or payment method. Customers can refer new customers but will not be compensated if they are attempting to receive a commission on transactions done under any account that they are already associated with or using any of their own payment methods.
Special situations. If you are a consultant or an IT employee of a Nevada IT Solutions client and wish to receive affiliate commissions, you must contact the affiliate manager for prior approval of your account at [email protected]
DMCA Notice Policy
Nevada IT Solutions, LLC. respects the intellectual property of others, and we ask our users to do the same. Nevada IT Solutions may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Nevada IT Solutions’s Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Nevada IT Solutions’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By CERTIFIED mail:
Nevada IT Solutions.
DMCA Compliance Agent
5301 Longley Lane Ste.D #146
Reno, NV 89511
WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 10 BUSINESS DAYS FOR PROCESSING.
Privacy Policy
This is the web site of Nevada IT Solutions, LLC.
Nevada IT Solutions complies with the EU Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union and Switzerland. Nevada IT Solutions has certified that it adheres to the Safe Harbor Privacy principles of notice, choice, onward transfer, security, data integrity, access and enforcement. Nevada IT Solutions is subject to the jurisdiction of the U.S. Federal Trade Commission for statements made in this policy. To learn more about the Safe Habor Probram, and to view our certification, visit: www.export.gov/safeharbor/
Our postal for legal and privacy issues is address (headquarters:)
Nevada IT Solutions, LLC.
5301 Longley Lane Ste.D #146
Reno, NV 89511
If your complaint is not resolved by contacting us at the address above, Nevada IT Solutions has committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU Safe Harbor Program, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by us, you may contact the BBB EU Safe Harbor Program at the address below:
Council of Better Business Bureaus, Inc. BBB EU Safe Harbor File a Safe Harbor Complaint >>
For each visitor to our Web page, our Web server automatically recognizes only the consumer’s domain name, but not the e-mail address (where possible). We collect only the domain name, but not the e-mail address of visitors to our Web page, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor.
With respect to cookies: We use cookies to ensure that visitors are not repeatedly sent the same banner ads.
With respect to contact forms and free demo account forms: We will contact you using the information you provide us on our contact and order forms for the purposes stated on the form. If you sign up for a free demo account, we will contact you for some additional information we need to setup the demo account. This information includes any of the following that may be omitted from a short request form: Your full name, Your street address, Your fax number, Other contact information about You and general survey questions we may have. If you do not wish to provide this information or decided that you did not want the free demo then please let us know and we will not contact you further. If you do accept the demo offer then we may follow up with you in a few days to see what you thought. Our demo offers, such as our Cloud Hosting demos, are valid for a short time and each demo account will expire after 5 business days of being active. Our agents may ask you if you wish to transfer service to Nevada IT Solutions during the course of your demo. If at any time you wish for us to delete your demo account and cease contact with you simply request so by contacting us and letting us know via E-mail ([email protected]).
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.
If you supply us with your postal address on-line you will only receive the information for which you provided us your address.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.
Upon request we provide site visitors with access to all information, they have provided to us, that we maintain about them. Consumers can access this information by e-mailing us at the above address.
With respect to security: We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses.
