Web Hosting Terms

Acceptance of Terms

This Agreement is between you (“Customer”, “You” or “Your”) and Nautic Studios LLC, a Florida limited liability company (“Nautic Studios”, “We” or “Our”). All website 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/website-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 within thirty (10) days of an invoice 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 website design or development or any services not specified in this Agreement or included with your website hosting plan, as defined at www.nauticstudios.com/web-hosting.

Copyright Compliance

Customer will not use the Services to make available any content for which Customer does not have sufficient rights. The owner of any copyright or their authorized representative may provide us with notification of alleged infringement under the Digital Millennium Copyright Act (“DMCA”) by sending written notice to Nautic Studios LLC, 1329 Bedford Drive, Suite 2, Melbourne, FL 32940, Attention: Copyright Agent. The notification must include:

  • A description of the content that has allegedly been infringed upon;
  • Information reasonably sufficient to locate the allegedly infringed upon content;
  • A statement by the person submitting the notification that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
  • Information that will allow us to contact the person submitting the notification, including a physical address, telephone number, and email address;
  • A statement by the person submitting the notification, made under penalty of perjury, declaring that the information contained in the notification is accurate and that they are authorized to act on behalf of the owner of the exclusive right that is being allegedly infringed;
  • A physical or electronic signature of the individual or entity who owns the copyright that is being allegedly infringed.

To ensure compliance with DMCA, Nautic Studios will take action on receipt of notice of alleged copyright infringement.

If Customer’s content is removed or disabled because of a notification under the DMCA and Customer does not believe the content to be infringing, Customer may make a counter-notification by sending written correspondence to Nautic Studios LLC, 1329 Bedford Drive, Suite 2, Melbourne, FL 32940, Attention: Copyright Agent. The counter-notification must include:

  • Your name, address, and phone number;
  • The identification number included in the email received from Nautic Studios;
  • Identification of the content that has been removed or disabled and the specific location at which the content appeared before it was removed or disabled;
  • A statement consenting to the jurisdiction of Federal District Court for the judicial district in which Your address is located, or if Your address is outside of the United States, the judicial district in which Nautic Studios is located, and that You will accept service of process from the person who provided the original complaint or their agent;
  • A statement by You, made under the penalty of perjury, that You have a good faith belief that the content was removed or disabled by mistake or misidentification;
  • Your physical or electronic signature.

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If You are not sure that the material was removed or disabled as a result of mistake or misidentification, You should first consider consulting an attorney.

Data Transfer and Storage

Nautic Studios may limit the amount of data transfer or data storage permitted per website or WordPress installation based on the advertised limits for each plan. Plan details can be found at www.nauticstudios.com/web-hosting. Nautic Studios shall have the right to disable the Services if Customer exceeds its allotted amount of data transfer and may bill Customer at the overage rate specified in the plan details.

Access by Customer

Nautic Studios shall provide Customer with one or more accounts to log in to their WordPress website(s). These accounts shall allow the customer to manage website content. Customer shall only have access to the hosted WordPress software and shall not have the ability to directly upload files, except for limited media and document formats through the WordPress software, or install plugins or other third-party software.

Third-Party Software

Any plugins or third-party software must be approved and installed by Nautic Studios. Nautic Studios may remove or disable any plugin which consumes an excessive amount of resources, affects the performance of the Services, poses a potential security threat, is unlicensed or no longer actively maintained, or for any other reason.

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.

Licenses for Plugins

Customer is responsible for maintaining sufficient licenses to allow for updates for all premium plugins incorporated within Customer’s website. Nautic Studios may remove or disable plugins which are outdated, unlicensed, or no longer actively maintained.

Customer Content

Customer acknowledges responsibility for all content provided by Customer to Nautic Studios for performance of the Services or otherwise included in Customer’s website(s). Customer agrees to indemnify and save harmless Nautic Studios from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with or out of any content provided by the Customer.

Nautic Studios shall have the right, but not the obligation, to remove content which is deemed, in Nautic Studios’ sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.

Acceptable Use

Customer agrees not to:

  • Use the Services for any unlawful purpose;
  • Use the Services to host content that is obscene, pornographic, fraudulent, defamatory, discriminatory, or hateful;
  • Use the Services to host content that contains vulgar, explicit, threatening, harassing or abusive language, depicts graphic violence, or promotes or depicts the exploitation of a minor;
  • Use the Services to host content depicting nudity without the express written consent of Nautic Studios (We may consider non-sexual content, such as post-surgical images);
  • Use the Services to send bulk and/or commercial unsolicited messages or link to Our hosting environment from any bulk and/or unsolicited message;
  • Use the Services to distribute mailing lists for the purpose of sending bulk and/or commercial unsolicited messages;
  • Use the Services to host content that belongs to others without their permission or otherwise violates the intellectual property rights of any third-party;
  • Use the Services to disclose sensitive personal information about others;
  • Use the Services to distribute malicious or advertisement delivery software;
  • Attempt to overburden the Services with multiple simultaneous connections, such as a denial of service attack;
  • Conduct any vulnerability testing or scans of the Services without the express written consent of Nautic Studios;
  • Take any action with the intent of compromising the security of the Services;
  • Rely upon the Services for any high risk activity where malfunction or unavailability of the Services could result in death, personal injury or environmental or physical damage.
  • Use the Services to directly process or store cardholder data protected under PCI DSS regulations, government issued identification numbers, health insurance policy numbers, or information protected under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”).

Footer Links

Nautic Studios may add a link back to Our website in the footer of any website hosted under this Agreement and may add content indicating if the website was created by or is maintained by Nautic Studios. Nautic Studios will remove links or other content added under this section upon request, unless inclusion was agreed to as a condition of a separate agreement.

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 downtime to the pro-rata charge during the system unavailability.

Term

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

Termination

Either party may terminate this Agreement at anytime on thirty (30) days written notice to the other. 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.

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.

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

In the event Nautic Studios updates this Agreement in a way that is no longer acceptable to Customer, Customer shall have 30 days to object to the changes. Nautic Studios shall have the option to allow customer to continue using the terms under the prior version of this Agreement for the remainder of the billing period. In the event Nautic Studios does not wish to extend the prior terms, Customer may request a prorated refund for the number of days left in the billing period.

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.

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: January 17, 2022