Email Hosting Terms

Acceptance of Terms

This Agreement is between you (“Customer”, “You” or “Your”) and Nautic Studios LLC (“Nautic Studios”, “We” or “Our”), a limited liability company formed and existing under the laws of the State of Florida and with its principle place of business at 1329 Bedford Drive, Suite 2, Melbourne, FL 32940. All email hosting and related services (the “Services”) provided to Customer by Nautic Studios are subject to the following terms (“Terms of Use”). Use of the Services shall constitute acceptance of these Terms of Use.

Changes

Nautic Studios reserves the right to update these Terms of Use at anytime. Modifications will be effective immediately upon being posted to Our website and shall supersede any such prior Terms of Use. It is important that Customer review the Terms of Use regularly. The most current version of the Terms of Use can be viewed by visiting www.nauticstudios.com/email-hosting-terms. The date changes were last made will be displayed at the bottom of this page.

Payment

Customer agrees to compensate Nautic Studios for all Services provided. Nautic Studios may update our pricing at any time and the new pricing shall be effective starting on the next renewal date. Any payment which is not made by the renewal date shall be deemed to be overdue. Nautic Studios reserves the right to charge the maximum rate of interest permitted by law on overdue accounts. If collection becomes necessary to satisfy this Agreement, Customer agrees to pay all costs, wages, subpoena service, and attorney fees.

Additional Services

This Agreement does not include any services not specified in this Agreement or included with Your email hosting plan, as defined in the product description.

Acceptable Use

Customer agrees not to:

• Use the Services for any unlawful purpose;
• Use the Service to transmit content that is obscene, pornographic, fraudulent, defamatory, discriminatory, or hateful;
• Use the Services to violate third-party rights;
• Use the Service to send unsolicited email;
• Attempt to overburden the Services with multiple simultaneous connections, such as a denial of service attack;
• Take any action with the intent of compromising the security of the Services.

Third-Party Suppliers

You acknowledge and agree that the Services may include, make available, access, display or otherwise interact, directly or indirectly, with third-party services (“Third-Party Services”). Any subscription or other purchase enabling the use of Third-Party Services is subject to the terms and conditions of such third-party supplier (“Third-Party Supplier”).

You acknowledge and agree that Nautic Studios may provide data to any applicable Third-Party Supplier and that Nautic Studios is not liable or responsible for any disclosure, modification, deletion or other use of such data by the Third-Party Supplier. Your use of any Third-Party Services constitutes Your express consent to the use and access of service related data by the applicable Third-Party Supplier.

Monitoring

The Customer acknowledges and agrees that Nautic Studios may monitor Customer’s use of the Services. Customer agrees to use the Services for lawful purposes only.

Warranties

Nautic Studios makes no warranties or representations of any kind, whether expressed or implied for the Services. Nautic Studios also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Customer.

Nautic Studios specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Use of any information obtained through the Services is at the risk of the Customer.

Nautic Studios does not guarantee the speed or availability of the Services and specifically denies any responsibility for any damages arising as a result of unavailability. Nautic Studios expressly limits its damages to Customer for any non-accessibility time or other down time to the pro-rata charge during the system unavailability.

YOU ACKNOWLEDGE THAT PORTIONS OF THE SERVICES ARE PROVIDED BY THIRD-PARTY SUPPLIERS WHOSE PERFORMANCE IS NOT GUARANTEED BY NAUTIC STUDIOS.

Indemnification

You agree to indemnify and hold Nautic Studios, any Third-Party Suppliers and their respective employees, officers, directors and agents from and against any all claims brought by a third-party arising out of or resulting directly or indirectly from Your breach of this Agreement, Your use of the Services, including use by all end-users, or Your negligence or willful misconduct.

Term and Termination

This Agreement shall renew indefinitely until terminated by either Nautic Studios or Customer.

Customer may terminate this Agreement by providing written notice to Nautic Studios at least ten (10) days prior to the renewal date.

Nautic Studios may immediately terminate this Agreement for cause and withdraw the Services if Customer has an overdue balance or Nautic Studios believes, in its sole discretion, that Customer is using or allowing others to use the Services in a manner that violates any law or third-party rights, including intellectual property rights, or in a manner that violates these Terms of Use.

Nautic Studios may terminate this Agreement without cause by providing ten (10) days written notice to Customer.

Nautic Studios may terminate this Agreement immediately if any Third-Party Supplier responsible for providing Third-Party Services is no longer willing or able to offer the Third-Party Services.

In the event Nautic Studios chooses to terminate the Agreement without cause prior to the end of a billing period, Customer may request a prorated refund for the number of days left in the billing period.

Customer shall not be eligible for a prorated refund if Customer voluntarily terminates this Agreement or Nautic Studios terminates this Agreement for cause.

Termination of this Agreement shall not affect any rights or obligations of either party accruing prior to such termination. All provisions of this Agreement that by their nature should survive termination shall survive termination.

Relationship

Nautic Studios is an independent contractor, and neither Nautic Studios nor Nautic Studios’ staff is, or shall be deemed, Customer’s employees.

Mediation and Arbitration

If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Brevard County, Florida. Any costs and fees other than attorney fees associated with the mediation shall be shared equally between the parties.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration in Brevard County, Florida under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.

Entire Agreement

This Agreement supersedes all prior understandings or agreements, written or oral, between the parties. This Agreement may be modified only by a further writing that is duly executed by both parties.

Severability

In the event that any provision herein or part hereof shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions, or parts hereof, shall be and remain in full force and effect.

Governing Law

In interpreting the terms of this Agreement, the parties agree that the laws of the State of Florida shall be applicable. All suits permitted to be brought in any court shall be in Brevard County, Florida.

Last Updated: July 25, 2019