Terms of Service for Hosting

1. Acceptance of Terms

As a precondition of receiving hosting services from NB Technologies, LLC (“NBT”), the individual or entity identified in the signed Hosting Agreement (“Subscriber”) accepts and agrees to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately upon Subscriber’s signature and govern Subscriber’s use of NBT’s hosting services, network, and systems (collectively, the “Services”).

Subscriber represents and warrants that: (a) if an individual, Subscriber is at least 18 years old and legally competent to enter into this Agreement; (b) if an entity, Subscriber is duly formed, in good standing, and the individual signing has full authority to bind the entity; (c) all information provided to NBT is complete, accurate, and current, and Subscriber will update such information as necessary to keep it accurate; and (d) Subscriber is entering into this Agreement for business, commercial, or organizational purposes only, and not for personal, family, or household purposes. Subscriber acknowledges that this Agreement is a business-to-business agreement and that consumer protection statutes applicable to consumer transactions, including but not limited to New York General Business Law Section 527-a, do not apply to this Agreement.

NBT may update these Terms from time to time. When NBT updates these Terms, NBT will post the updated version at https://nbtechnologies.net/terms and will send notice of the update to the email address on file for Subscriber’s hosting account. Subscriber is responsible for maintaining a current email address with NBT. Notice sent to the email address on file will be deemed sufficient notice, whether or not Subscriber actually reads or receives the message.

Unless a different effective date is stated in the notice, updated Terms will become effective upon posting for changes involving security, legal compliance, prohibited use, third-party provider requirements, operational procedures, abuse prevention, or other non-pricing matters reasonably necessary to protect NBT, its systems, its upstream providers, or other subscribers. Any update that increases Subscriber’s recurring hosting price will require at least thirty (30) days’ notice before the new price takes effect. If Subscriber does not wish to accept updated pricing, Subscriber’s sole remedy is to cancel the Services in accordance with the cancellation procedures set forth in these Terms before the updated pricing becomes effective.

Subscriber’s continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

2. Term of Service

The term of Subscriber’s hosting Services begins on the Effective Date set forth in the signed Agreement and continues for the period specified therein, subject to automatic renewal as described below.

2a. Payment. Subscriber agrees to pay all applicable fees in effect at the time of registration and renewal. It is Subscriber’s responsibility to maintain current and accurate billing and contact information with NBT at all times.

2b. Past-Due Balances and Cross-Default. If Subscriber has any balance owed to NB Technologies, LLC that remains unpaid for more than ninety (90) days, NBT may, in its sole discretion, suspend, terminate, refuse to renew, or decline to provide any service to Subscriber, including hosting services under this Agreement, without further notice and without refund of any prepaid fees. This right is in addition to, and does not limit, any other remedy available to NBT under this Agreement or applicable law.

Any failure by Subscriber to pay any amount owed to NBT under any agreement, invoice, proposal, service plan, hosting account, website project, marketing service, maintenance service, or other business relationship between Subscriber and NBT may, at NBT’s election, constitute a default under this Agreement. NBT is not required to identify a specific agreement as the source of the default; an unpaid balance owed to NBT under any context is sufficient grounds for NBT to exercise its rights under this section.

2c. Automatic Renewal and Pricing. This Agreement will automatically renew at the end of each term for a successive period of equal length, unless either party provides written cancellation notice as set forth in Section 2d. As a courtesy and not as a contractual obligation, NBT may attempt to notify Subscriber of an upcoming renewal by sending notice to the email address on file. Subscriber is solely responsible for tracking renewal dates and canceling in accordance with Section 2d regardless of whether any such courtesy notice is received.

Following the completion of the initial term, NBT reserves the right to modify pricing and fees at any time. If Subscriber does not wish to accept revised pricing, Subscriber must provide written cancellation notice as set forth in Section 2d. No refunds will be issued for fees already paid prior to the effective date of any change.

Subscriber authorizes NBT to charge the applicable renewal fees to the payment method on file. If a payment attempt fails, NBT may attempt to collect a partial amount to maintain service continuity or may suspend services at its discretion.

2d. Cancellation of Automatic Renewal. To cancel automatic renewal, Subscriber must provide written notice to NBT no fewer than fifteen (15) calendar days before the end of the then-current term. Notice must be sent by email to info@nbtechnologies.net or by phone at (718) 554-0315, followed by written email confirmation. Cancellation requests must include sufficient information to verify ownership of the hosting account as determined by NBT. Cancellation takes effect at the end of the then-current term.

2d.1 Late Cancellation Window. If Subscriber misses the fifteen (15) day cancellation deadline but provides written cancellation notice within seven (7) calendar days after the start of the new renewal period, NBT will accept the late cancellation, subject to the following: (a) Subscriber remains obligated to pay in full for the calendar month in which the cancellation is received, regardless of the date of receipt within that month; and (b) Subscriber remains obligated to pay in full for any third-party service provider (vendor) fees, subscriptions, or pass-through charges that NBT has already paid, committed to, or is contractually obligated to pay on Subscriber’s behalf for the renewal period, including but not limited to annual hosting infrastructure commitments, SSL certificates, domain registrations, and other third-party services procured for Subscriber’s use. Such pass-through fees are due within fifteen (15) days of the cancellation date and are nonrefundable. After the seven (7) day late cancellation window has closed, the cancellation will not be accepted under this section, and the renewal term shall remain in full effect through its scheduled end date.

2e. Authority. If Subscriber is a corporation, LLC, partnership, nonprofit, or other entity, the individual signing this Agreement represents and warrants that they have full legal authority to bind that entity to these Terms.

3. Cancellation and Refund Policy

Where Subscriber is also party to a General Contract for Services with NBT, the payment and refund terms of that General Contract govern and control over this Section in the event of any conflict, except that the refund provisions in Sections 3a through 3c below shall apply notwithstanding any conflicting “nonrefundable” language in the General Contract. Where this Agreement is standalone and no General Contract applies, the following terms govern.

3a. Cancellation Within 3 Days. If Subscriber cancels within three (3) calendar days of the Effective Date, Subscriber will receive a full refund of all fees paid, excluding any nonrefundable fees for SSL certificates, site backup services, or similar add-ons.

3b. Cancellation After 3 Days and Before 30 Days. If Subscriber cancels after three (3) calendar days but before thirty (30) calendar days from the Effective Date, Subscriber will receive a refund of fees paid, excluding nonrefundable add-on fees, subject to a prorated deduction for any dedicated IP or similar service already provisioned.

3c. Cancellation After 30 Days. After thirty (30) calendar days, Subscriber may cancel at any time. No refund will be issued for the current billing period. Any fees prepaid for future periods beyond the current term will be refunded on a prorated basis, excluding nonrefundable add-on fees.

3d. Notice of Cancellation. All cancellation requests must create a written or recorded record within NBT’s formal communication systems. Subscriber may request cancellation by email, by voicemail, by phone, or in person. However, cancellation will not be effective unless the request is documented through one of NBT’s formal recordkeeping channels. Email cancellation requests must be sent to info@nbtechnologies.net. Phone or in-person cancellation requests must be followed by written email confirmation from Subscriber or otherwise documented by NBT in a recorded or written record associated with Subscriber’s account. NBT may require Subscriber to confirm the cancellation request by email before processing the cancellation. Cancellation requests must include sufficient information for NBT to verify ownership or authorized control of the hosting account. NBT is not required to process a cancellation request until it can reasonably verify that the person requesting cancellation is authorized to act on behalf of Subscriber. Subscriber must confirm that all emails, files, databases, domain records, and other account data have been backed up outside of NBT’s servers before cancellation is completed.

3e. Chargebacks. If Subscriber initiates a chargeback or payment reversal without first following the cancellation procedures set forth above, Subscriber will be responsible for a billing service fee of fifty dollars ($50.00).

3f. Application of Refunds and Credits. Any refund, credit, unused service balance, prepayment, or other amount otherwise owed by NBT to Subscriber may be applied, offset, deducted, or credited by NBT against any outstanding or past-due balance that Subscriber owes to NBT under this Agreement or any other agreement or business relationship between the parties. NBT will apply such amounts in the order and manner it determines in its sole discretion and will provide Subscriber with written notice of any such application. Nothing in this section creates an obligation for NBT to issue a refund where none is otherwise owed.

4. NBT as Reseller or Licensor

NBT may act as a reseller or licensor of certain hardware, software, or services manufactured or provided by third parties (“Non-NBT Products”). NBT shall not be responsible for changes in the Services caused by Non-NBT Products becoming obsolete or requiring modification. Any malfunction or defect of a Non-NBT Product will not constitute a breach of NBT’s obligations under this Agreement. Subscriber’s rights with respect to Non-NBT Products are limited to those extended by the original manufacturer. Subscriber shall not resell, transfer, export, or re-export any Non-NBT Product in violation of applicable United States law.

5. Proprietary Rights

These Terms do not transfer to Subscriber any rights in NBT’s intellectual property or technology. NBT’s name, trademarks, and logos are the exclusive property of NBT. Neither party will, directly or indirectly, attempt to reverse engineer, decompile, or otherwise obtain the source code or trade secrets of the other party. Nothing in these Terms shall restrict NBT from retaining and using any general knowledge, skills, experience, ideas, concepts, or know-how that NBT acquires or develops in the ordinary course of providing the Services, provided that such use does not disclose Subscriber’s confidential information or violate any other provision of these Terms.

6. Permitted Use and Subscriber-Owned Properties Only

The hosting Services provided under this Agreement may only be used to host websites and web properties that are owned or controlled by Subscriber. For purposes of this section, “owned or controlled” means that Subscriber, or the entity Subscriber represents, holds an ownership or controlling interest of fifty percent (50%) or more in the business, organization, or entity to which the hosted property belongs, or that the hosted property is used exclusively in connection with Subscriber’s own business operations.

Subscriber may not use the Services to host websites or web properties on behalf of third parties, whether for compensation or at no charge. Reselling, subletting, gifting, or otherwise transferring hosting capacity to any third party is strictly prohibited. A violation of this section constitutes a material breach of this Agreement and may result in immediate termination without notice or refund, at NBT’s sole discretion.

6a. Disclosure of Complex Site Types. Prior to entering into this Agreement, Subscriber must disclose in writing on the Site Disclosure Form any hosted property that falls into one or more of the following categories: (a) ecommerce websites processing transactions or storing payment-related data; (b) social networks or community platforms hosting user-generated content; (c) web applications requiring custom server-side processing, APIs, or persistent application logic; or (d) any site with anticipated traffic, storage, or processing requirements that are above typical small business website usage as determined by NBT.

NBT’s acceptance of a Site Disclosure Form does not constitute a guarantee of continued hosting. If a disclosed or undisclosed site subsequently grows in traffic, storage, database size, or technical complexity to a point that, in NBT’s sole judgment, exceeds the capacity or capabilities of NBT’s hosting environment, NBT may, at its discretion: (a) provide Subscriber with written notice and a reasonable opportunity to remediate or migrate the site; or (b) terminate hosting for that property immediately if the situation poses a risk to other subscribers or NBT’s infrastructure. NBT shall not be liable for any loss or damages arising from a termination under this section.

Subscriber’s failure to disclose a qualifying site type prior to or at the time of signing this Agreement constitutes a material misrepresentation and entitles NBT to terminate this Agreement immediately and without refund upon discovery.

6b. Database-Intensive Applications. Any hosted property that relies on large-scale database operations, including but not limited to applications that store, query, or process substantial volumes of user data, transactional records, or application state, must be disclosed on the Site Disclosure Form prior to execution of this Agreement. NBT must expressly agree in writing to host any such application before services commence. Hosting of undisclosed database-intensive applications is prohibited and constitutes a material breach of this Agreement.

6c. Prohibition on Bulk File Storage. The Services are designed to host websites and web applications, not to serve as general-purpose file storage or archival systems. Subscriber may not use the hosting account to store large quantities of files unrelated to the operation of a hosted website, including but not limited to personal media libraries, backups of third-party systems, or collections of documents, images, or other files that would more appropriately be stored on a dedicated file storage platform. NBT will determine in its sole discretion whether a Subscriber’s file storage usage constitutes prohibited bulk storage, taking into account the existing inode and database limits set forth in Section 9b. A finding of prohibited bulk storage may result in a request to reduce usage or, if not remediated within a reasonable time as determined by NBT, immediate suspension or termination of the account.

7. Site Security

NBT employs commercially reasonable security measures in connection with the Services. Subscriber is solely responsible for maintaining and controlling passwords to Subscriber’s website(s) and for all activities occurring under Subscriber’s account credentials. Subscriber agrees to notify NBT immediately of any unauthorized use of the Services or any known security breach. Subscriber is solely responsible for updating and securing any programs or scripts installed on the account. Failure to do so may result in NBT updating those programs or suspending the account until they are secured. NBT will not be liable for any loss or damages arising from Subscriber’s failure to comply with these security obligations.

7a. Emergency Access. Subscriber grants NBT the right to access, modify, suspend, or terminate Subscriber’s hosting account at any time and without prior notice in the following circumstances: (a) NBT detects or suspects the presence of malware, viruses, malicious scripts, or other harmful code on the account; (b) NBT determines that the account has been compromised or is being used to attack, disrupt, or harm other subscribers, NBT’s systems, or third parties; (c) NBT receives a credible report of illegal activity, intellectual property infringement, or content that violates these Terms; (d) the account’s resource usage is adversely affecting server performance or other subscribers; or (e) NBT is required to act by law, court order, or instruction from a government authority. NBT will make reasonable efforts to notify Subscriber of any emergency action taken but is under no obligation to do so prior to acting. NBT shall not be liable to Subscriber for any loss, downtime, or damages arising from emergency actions taken in good faith under this section.

7b. Account Access and Verification. NBT maintains records associated with each hosting account, including the registering party’s name, email address, username, and payment information. If any person contacts NBT claiming entitlement to access an account but cannot be verified through existing account records, NBT will require that person to provide substantially all of the following before granting access: (a) the name of the original registrant; (b) the email address on file; (c) the username on file; (d) the payment method on file including cardholder name; and (e) a government-issued photo ID confirming identity as the cardholder. In the absence of this verification, NBT will not grant access unless served with a valid court order or provided with a notarized written statement from the original registrant confirming the claimant’s entitlement, along with a notarized statement from the claimant confirming acceptance of these Terms. Subscriber acknowledges and agrees that the foregoing access and verification procedures are NBT’s sole method for evaluating access claims, and Subscriber waives any claim against NBT arising from NBT’s good-faith compliance with these procedures.

7c. Transfer of Ownership. NBT will recognize a transfer of account ownership only upon receipt of: (a) a notarized written statement from the original owner confirming the transfer and identifying the new owner, along with a notarized written statement from the new owner confirming acceptance of these Terms; or (b) a valid order from a court or appropriate internet governance body directing the transfer. No informal change to account records will be deemed effective notice to NBT of a change in ownership.

7d. Ownership Disputes. NBT is not obligated to resolve disputes between multiple parties claiming ownership of or rights in a hosted site or associated account. If NBT determines that ownership is genuinely disputed, it will notify the relevant parties and demand prompt resolution. If the dispute is not resolved within a time NBT deems reasonable, NBT may, at its option, file an interpleader action in a court of competent jurisdiction in Richmond County, New York. The party or parties determined to be the rightful owner(s) shall reimburse NBT for all costs and reasonable attorneys’ fees associated with that action, due within thirty (30) days of judgment or settlement.

7e. License to NBT. NBT claims no ownership interest in Subscriber’s website content. By submitting content to NBT’s servers, Subscriber grants NBT a limited, worldwide, royalty-free, nonexclusive license to host, display, and reproduce that content solely as necessary to provide the Services during the term of this Agreement. This license terminates upon cancellation of the Services.

7f. Domain Name Registration, Management, and Transfer. NBT encourages Subscribers to register and maintain their own domain names through their own registrar accounts. Direct ownership through Subscriber’s own registrar is the best way for Subscriber to preserve long-term access, control renewals, manage billing, and transfer the domain if needed. However, some Subscribers request that NBT register, renew, manage, or maintain a domain name on their behalf. If Subscriber requests, authorizes, or permits NBT to do so, the terms of this section apply.

If NBT purchases, registers, renews, manages, or maintains a domain name on Subscriber’s behalf, NBT may be listed as the registrant, administrative contact, technical contact, billing contact, account holder, or manager of record with the applicable domain registrar or registry until a formal transfer is completed. Subscriber acknowledges that this arrangement may be necessary because NBT is performing domain registration or management services at Subscriber’s request.

Subscriber may request a domain transfer at any time during the term of this Agreement or within the thirty (30) day data retention window following termination as described in Section 12i, provided that Subscriber has paid all outstanding amounts owed to NBT and provides all information reasonably necessary to complete the transfer. Subscriber is responsible for all third-party registrar, registry, renewal, redemption, unlock, authorization code, or transfer fees. In addition, Subscriber agrees to pay NBT a domain transfer administration fee of one hundred fifty dollars ($150.00) per domain before NBT begins the transfer process. This fee compensates NBT for the administrative time involved in reviewing the account, communicating with Subscriber or a new provider, accessing registrar systems, unlocking the domain, obtaining or transmitting authorization codes, confirming account status, coordinating transfer steps, and documenting the transfer.

NBT may refuse to initiate or complete a domain transfer until all outstanding balances owed by Subscriber to NBT are paid in full, including hosting fees, service fees, pass-through fees, domain-related fees, and the domain transfer administration fee. NBT may retain control of the domain as security for unpaid amounts to the extent permitted by applicable law and registrar rules.

If the domain name is identical or confusingly similar to a trademark or business name owned by Subscriber, NBT will not assert beneficial ownership of the domain, but may retain control of and withhold transfer of the domain until all outstanding balances and applicable fees are paid in full. If Subscriber does not request a domain transfer within thirty (30) days of termination, NBT shall retain full ownership of the domain with no further obligation to transfer, maintain, or renew it. SSL certificates, DNS configurations, hosting settings, email settings, and other domain-related services are not included in any domain transfer unless a separate written agreement expressly states otherwise.

7g. Third-Party Legal Threats Involving Subscriber’s Domain or Content. If NBT receives a threat of legal action, a formal demand, or notice of a claim from a third party arising from or related to content hosted on Subscriber’s account or a domain registered on Subscriber’s behalf, NBT may, at its discretion, require Subscriber to provide: (a) written confirmation that Subscriber has contacted the complaining party and made Subscriber’s identity and contact information available to them; and (b) a written commitment to defend, indemnify, and hold harmless NBT from any claims, costs, or damages arising from the matter. If Subscriber fails to provide these assurances within a reasonable time as determined by NBT, NBT may treat such failure as a material breach of these Terms and may, without further notice, suspend or terminate the Services associated with the relevant domain or account. Where a domain privacy or anonymization service is in place, NBT may remove such privacy protection as necessary to facilitate resolution of the dispute. Any prepaid fees for the remaining term will be refunded on a prorated basis following termination under this section, net of any costs NBT has incurred.

8. Privacy and Data Protection

NBT is committed to protecting Subscriber’s privacy. NBT will not sell or intentionally disclose Subscriber’s personal information to unaffiliated third parties, except as follows: (a) certain registration information may be shared with SSL certificate providers as necessary for account setup; (b) NBT will respond to valid legal process, including subpoenas and court orders, and will charge the requesting party for compliance costs at NBT’s standard rates; (c) NBT may share information to investigate illegal activity, suspected fraud, or threats to physical safety; and (d) NBT may disclose information as required to protect its legal rights or comply with applicable law. All personal data transmissions on NBT’s ordering systems are encrypted using industry-standard SSL technology.

8a. Data Protection Commitment. NBT will maintain commercially reasonable administrative, technical, and physical safeguards to protect any sensitive or confidential Subscriber data that is in NBT’s direct possession or control, consistent with applicable law including the New York Stop Hacks and Improve Electronic Data Security (SHIELD) Act. This obligation applies only to data held within systems owned, operated, or controlled by NBT.

8b. Third-Party and Upstream Provider Limitations. Subscriber acknowledges that NBT’s hosting infrastructure relies on Upstream Providers as described in Section 16, and that data stored, processed, or transmitted through any Upstream Provider or other third-party platform is subject to the security practices of that third party, not NBT. NBT cannot and does not warrant the security practices of any Upstream Provider or other third-party platform, and shall not be liable for any data breach, unauthorized access, data loss, or other security incident occurring at or caused by any such third party. NBT will, where practicable, select Upstream Providers and other third-party platforms with reasonable security postures, but assumes no responsibility for security failures by those third parties. In the event NBT becomes aware of a security incident affecting Subscriber’s data, NBT will notify Subscriber within a reasonable timeframe to the extent NBT is permitted to do so by law and the affected platform.

9. Shared Hosting Environment

NBT’s hosting service is a shared hosting environment, meaning multiple subscriber websites are hosted on the same server and share server resources. The service is designed to meet the typical needs of small business websites and is not intended to support large enterprises, internationally based businesses, or applications better suited to a dedicated server.

9a. No Uptime Guarantee. NBT makes no guarantee of uptime, availability, or uninterrupted service. NBT will make good faith efforts during business hours to monitor, maintain, and restore service in the event of an outage or interruption. Downtime, scheduled or unscheduled, does not entitle Subscriber to any refund, credit, or reduction in fees, except that if NBT’s hosting services are unavailable for more than seventy-two (72) consecutive hours for reasons within NBT’s control, Subscriber may terminate this Agreement without penalty upon written notice delivered within seven (7) days of the restoration of service.

9b. Storage, Bandwidth, and Resource Limits. NBT does not set arbitrary caps on storage or bandwidth for typical website use. Accounts with inode counts exceeding 200,000 files, or database usage exceeding 2GB total or 1GB in a single database, may be asked to reduce usage or may be subject to suspension. NBT reserves the right to limit processor time, bandwidth, processes, or memory where necessary to prevent one account from adversely affecting other subscribers.

9c. IP Address Management. If NBT determines that Subscriber’s account activity has damaged or is threatening to damage the reputation of a shared IP address assigned to the account, NBT reserves the right to move Subscriber’s account to a different IP address, suspend the account, or terminate the account without prior notice. Subscriber shall not be entitled to any refund or credit in connection with an IP address change or suspension taken under this section.

10. Prohibited Uses

The following uses of the Services are prohibited and constitute a material breach of this Agreement, subject to immediate account termination without notice or refund.

10a. Subscriber Representations Regarding Lawful Use. By entering into this Agreement and on an ongoing basis throughout the term, Subscriber represents and warrants that: (a) Subscriber’s website and all content hosted on the account comply with all applicable federal, state, and local laws; (b) Subscriber does not use and will not use the Services to facilitate, promote, or conduct any illegal activity of any kind; (c) no materials hosted on the account constitute contraband, fraudulent documents, counterfeit goods, or items whose possession, sale, or distribution is prohibited by law; and (d) Subscriber will immediately remove any content or cease any activity upon becoming aware that it may violate applicable law and will notify NBT promptly. Subscriber acknowledges that this representation is a material inducement for NBT to provide the Services and that any breach constitutes grounds for immediate termination without refund.

10b. Illegal Content and Activities. Subscriber may not use the Services to host, distribute, sell, offer, or facilitate any of the following: illegal drugs or drug paraphernalia; controlled substances without proper licensure; illegal firearms, weapons, or weapon components; counterfeit goods or fraudulent documents of any kind; pirated software, media, or other copyrighted materials; illegal gambling operations; money laundering or financial fraud; Ponzi or pyramid schemes; unauthorized collection or use of personal data in violation of applicable privacy law; or any other content or activity that is illegal under applicable federal, state, or local law. This section does not prohibit the hosting of adult content that is otherwise permitted under Section 15 of these Terms.

10c. Spam. Sending unsolicited bulk or commercial email, maintaining an open SMTP relay, or emailing any list that is not double opt-in is prohibited. All email must include an automated opt-out mechanism. NBT allows a maximum of 500 outbound emails per hour per hosting account. Purchased email lists are not permitted.

10d. Intellectual Property Violations. Any violation of any person’s or entity’s intellectual property rights, privacy rights, or publicity rights is prohibited. NBT will remove or disable access to infringing content upon receipt of a valid DMCA notice as described in Section 11.

10e. Security and Network Abuse. The following are prohibited: creating or distributing viruses, worms, or Trojan horses; ping flooding, mail bombing, or denial of service attacks; unauthorized access to computers, accounts, or networks; port scanning or other activities designed to identify vulnerabilities; use of anonymous proxy scripts; and any activity that disrupts NBT’s services or other subscribers’ use of the network.

10f. Cryptocurrency Mining. The use of the Services to mine, generate, or facilitate the generation of any cryptocurrency or digital asset is strictly prohibited. Cryptomining places excessive and sustained load on shared server resources and adversely affects all subscribers on the same server. NBT may terminate any account found to be engaged in cryptomining immediately and without prior notice.

10g. Misrepresentation and Export Violations. Forging, omitting, or altering message headers, return addresses, or IP addresses to conceal the origin of any transmission is prohibited. Subscriber may not export or transfer any regulated product or technical data in violation of applicable United States federal, state, or local law.

10h. Other Illegal or Harmful Activities. Use of the Services for any activity that is obscene, defamatory, harassing, abusive, or threatening, or that NBT determines in its sole discretion to be harmful to NBT’s operations, reputation, or other subscribers, is prohibited.

11. DMCA and Intellectual Property Notices

NBT complies with the Digital Millennium Copyright Act (DMCA) and will remove or disable access to content upon receipt of a valid notice of copyright, trademark, or other intellectual property infringement. To submit a valid notice, the complaining party must provide NBT with all of the following at info@nbtechnologies.net: (a) a signature of a person authorized to act on behalf of the rights holder; (b) identification of the work claimed to be infringed, or a representative list if multiple works are at issue; (c) identification of the material claimed to be infringing, with sufficient detail to allow NBT to locate it; (d) contact information for the complaining party, including address, phone, and email; (e) a good faith statement that the use of the material is not authorized by the rights holder, its agent, or law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the rights holder.

12. General Provisions

12a. Formal Requests and Communication Channels. NBT recognizes email and voicemail as the only formal channels for submitting service requests, support requests, cancellation notices, and all other communications that require NBT’s acknowledgment or action under this Agreement. Requests submitted through any other channel, including but not limited to text message, social media platforms, third-party messaging applications, or in-person conversation, are not guaranteed to be acknowledged, tracked, or acted upon within any defined timeframe, and do not constitute formal notice for any purpose under this Agreement. NBT may, at its discretion, act on requests received through informal channels, but such action does not waive this requirement for future requests. Subscriber is responsible for following up any informal communication with a formal email or voicemail to ensure the request is received and processed.

12b. Promotional Pricing. Promotional offers apply only to the specific package to which they are attached. If Subscriber changes or downgrades to a package to which a promotion does not apply, unused promotional credits are forfeited and NBT will charge prevailing rates for any credits already redeemed.

12c. Backups. NBT performs backups for its own operational purposes and is under no obligation to Subscriber to do so. It is solely Subscriber’s responsibility to maintain independent backups of all files and data stored on NBT’s servers. NBT will not be liable for any data loss under any legal theory. NBT will not attempt to back up accounts exceeding 50,000 files or 20GB of storage.

12d. Monitoring and Disclosure. NBT does not routinely monitor Subscriber’s website content for compliance with these Terms. However, NBT may take any lawful action, including suspending or terminating an account, upon becoming aware of a violation. NBT may disclose Subscriber information to comply with legal process, protect NBT or others from harm, or ensure proper operation of the Services, without obligation to notify Subscriber.

12e. Accurate Information. Subscriber must maintain current and accurate contact and billing information with NBT at all times. Failure to do so may result in account termination.

12f. Duty to Report Violations. If Subscriber becomes aware of any other party violating these Terms through NBT’s systems, Subscriber agrees to report the violation to info@nbtechnologies.net. NBT reserves the right to immediately terminate any account it determines to be in violation of these Terms.

12g. Reservation of Rights. NBT reserves the right to refuse or cancel service to any subscriber at any time for any lawful reason.

12h. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12i. Data Retention After Termination. Upon termination of this Agreement for any reason, NBT will have no obligation to retain Subscriber’s hosted data, files, or account information beyond thirty (30) calendar days following the termination date. Within that window, Subscriber may submit a formal written request by email or voicemail to retrieve account data, credentials for accounts created by NBT on Subscriber’s behalf, and any other materials to which Subscriber is entitled under this Agreement and the General Contract for Services, if applicable. After the thirty (30) day period, NBT has no further obligation to retain, provide, or delete any data on any particular schedule. Data may persist in backups or on servers beyond this window at NBT’s operational discretion, but NBT makes no representation that any data will be available after the thirty (30) day period has elapsed. Subscriber is solely responsible for ensuring that all necessary backups are obtained prior to or during the retention window.

12j. Governing Law and Dispute Resolution. These Terms shall be governed by the laws of the State of New York without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or if AAA is unavailable, by JAMS under its Streamlined Arbitration Rules. Arbitration shall take place in Staten Island, New York, or by remote hearing if both parties agree. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any court proceedings necessary to compel arbitration or enforce an award shall be brought exclusively in the state or federal courts located in Richmond County, New York.

12j1. Class Action and Class Arbitration Waiver. The parties agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved on an individual basis only, and not on a class, collective, consolidated, or representative basis. The arbitrator shall have no authority to consolidate the claims of multiple parties, to preside over any form of class or representative proceeding, or to award any relief on a class or representative basis. Each party waives any right to participate in a class action, class arbitration, or other consolidated proceeding against the other. If this class waiver is found unenforceable in any proceeding, then the entire arbitration provision in this section shall be null and void with respect to that proceeding only, and the dispute shall instead be resolved in the state or federal courts located in Richmond County, New York, but the class waiver itself shall remain enforceable to the maximum extent permitted by law.

12k. Non-Disparagement. Subscriber agrees not to make, publish, or encourage any knowingly false or malicious statements, whether written or oral, about NBT as a company or about any individual NBT employee, contractor, or representative, including but not limited to statements made on review platforms, social media, or in any public forum. Nothing in this section shall be construed to prohibit Subscriber from leaving honest reviews or providing truthful feedback about NBT’s services. NBT agrees, as a company, not to make knowingly false or malicious public statements about Subscriber. This obligation survives termination of this Agreement.

12l. Force Majeure. Neither party shall be liable for failure or delay in performance caused by events beyond that party’s reasonable control that materially prevent the affected party from performing its obligations under these Terms, including but not limited to natural disasters, acts of God, labor disputes, governmental actions, pandemics, or cyberattacks on third-party infrastructure. The party claiming force majeure must provide written notice to the other party as soon as reasonably practicable, identifying the specific event and the obligations affected. If a force majeure event continues for more than sixty (60) days, either party may terminate this Agreement without liability upon written notice.

12m. Subscriber Backup and Migration Responsibility. Subscriber is solely responsible for preserving, downloading, transferring, and independently backing up all website files, email, databases, domain records, and related account data before any suspension, termination, or expiration of this Agreement, including terminations initiated by NBT under any provision of these Terms. This obligation applies regardless of the reason for or timing of the termination.

NBT may, where commercially practical and at its sole discretion, provide Subscriber a reasonable transition period before termination takes effect. NBT is under no obligation to provide a transition period in cases involving nonpayment, breach of these Terms, security risk, prohibited use, excessive administrative burden, or any other lawful basis for immediate termination. Subscriber acknowledges that failure to back up data prior to termination may result in permanent data loss for which NBT has no liability, consistent with Section 12c and Section 12i of these Terms.

13. Warranty Disclaimer

The Services are provided “as is” and “as available” without warranty of any kind. NBT disclaims all warranties, express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted service, and error-free operation. No statement by NBT or its representatives shall create any warranty. NBT does not warrant that the Services are compatible with any third-party service or software.

13a. Limitations on NBT’s Liability. NBT shall not be liable for nonperformance or delays caused by circumstances outside its control. In no event shall NBT be liable under any legal or equitable theory for any indirect, incidental, exemplary, or consequential damages, including loss of use, lost profits, loss of data, or loss of business opportunity, regardless of whether NBT has been advised of the possibility of such loss. NBT’s total liability to Subscriber shall not exceed the total fees actually paid by Subscriber to NBT in the three (3) months immediately preceding the event giving rise to the claim, excluding any amounts paid by Subscriber that were passed through by NBT to third parties. The limitations set forth in this section do not apply to liability arising from NBT’s gross negligence or willful misconduct. No claim may be brought more than one (1) year after the event giving rise to the cause of action. NBT is not responsible for issues arising from third-party software or platforms used in delivering the Services.

13b. Indemnification. Subscriber agrees to defend, indemnify, and hold harmless NBT, its affiliates, officers, directors, and employees from and against any claims, losses, damages, liabilities, and costs, including reasonable attorneys’ fees, arising out of or related to: (a) Subscriber’s breach of these Terms; (b) Subscriber’s use of the Services; or (c) any third-party claim related to content hosted on Subscriber’s account. This indemnification does not apply to claims arising directly from NBT’s own gross negligence or willful misconduct.

14. Prohibited Persons and Entities

Subscriber represents and warrants that neither Subscriber nor any entity Subscriber represents is subject to sanctions, trade embargoes, or other restrictions imposed by the United States government, including those administered by the Office of Foreign Assets Control (OFAC), the U.S. Department of State, or the U.S. Department of Commerce. Persons, entities, and organizations identified on applicable U.S. government sanctions lists, including the Specially Designated Nationals (SDN) List, are prohibited from registering for or using the Services. Nationals or citizens of countries subject to comprehensive U.S. trade sanctions are similarly prohibited, regardless of their current location. NBT reserves the right to terminate any account upon determining that Subscriber is a prohibited person or entity under applicable U.S. law. Current sanctions information is available at https://www.treasury.gov/ofac.

15. Adult and Sexually Explicit Content

NBT does not generally accept new hosting accounts for adult-oriented, sexually explicit, or pornographic websites. Subscriber may not use the Services to host, publish, distribute, promote, sell, or facilitate access to adult-oriented or sexually explicit content unless NBT has expressly agreed in writing to permit such content for that specific account. For purposes of this section, adult-oriented or sexually explicit content includes, but is not limited to, pornography, sexually explicit images or videos, adult entertainment services, escort services, sexual services, user-generated adult content, or any content primarily intended for sexual arousal.

Any account that NBT has expressly approved in writing to host adult-oriented or sexually explicit content, including any account that existed before the adoption of this policy, must comply with all applicable federal, state, and local laws, including all age-verification, consent, recordkeeping, trafficking-prevention, copyright, privacy, and content-removal obligations.

15a. Subscriber Representations and Warranties. Subscriber represents and warrants that any adult-oriented or sexually explicit content hosted on an approved account: (a) is legal under all applicable federal, state, and local law; (b) involves only adults eighteen (18) years of age or older; (c) is hosted with all necessary rights, licenses, consents, releases, and permissions; (d) does not depict, involve, promote, or facilitate minors, sex trafficking, coercion, exploitation, non-consensual acts, or illegal activity; and (e) complies with all applicable recordkeeping requirements, including 18 U.S.C. Section 2257 where applicable.

15b. FOSTA-SESTA Compliance. Subscriber represents and warrants that the account and any content hosted thereon does not facilitate, promote, or support sex trafficking of adults or minors as defined under FOSTA-SESTA, codified at 18 U.S.C. Section 2421A. Subscriber agrees to immediately remove any content upon becoming aware that it may violate FOSTA-SESTA and to notify NBT promptly of any such discovery.

15c. User-Generated Content. If Subscriber’s website hosts user-generated adult content, Subscriber is solely responsible for: (a) implementing and enforcing age verification, identity verification, and consent verification for all users submitting or accessing such content; (b) maintaining records of user identity and age verification consistent with applicable law; (c) establishing and enforcing terms of service that prohibit illegal content and require users to represent ownership of submitted content; and (d) responding to and processing all complaints, takedown requests, repeat-offender enforcement, and legal notices related to user-generated content on the account.

15d. NBT’s Right to Act. NBT may suspend, restrict, or terminate any account containing adult-oriented or sexually explicit content immediately and without prior notice if NBT receives a credible complaint, forms a reasonable belief that the content may be illegal or noncompliant, determines that the content creates legal or operational risk, receives an instruction or complaint from an upstream provider, or determines that continued hosting of the content may affect NBT’s ability to provide services lawfully or safely. NBT’s written approval of an account does not obligate NBT to continue hosting adult content indefinitely. NBT may revoke permission to host adult-oriented or sexually explicit content upon written notice, or immediately where required by law, upstream provider policy, security concern, legal risk, or suspected violation of these Terms.

15e. Indemnification for Adult Content. Subscriber agrees to defend, indemnify, and hold harmless NBT, its affiliates, officers, directors, employees, contractors, and representatives from and against any claims, losses, damages, liabilities, penalties, costs, and attorneys’ fees arising out of or related to: (a) any adult-oriented or sexually explicit content hosted on Subscriber’s account; (b) Subscriber’s failure to comply with 18 U.S.C. Section 2257 or any other applicable law governing adult content; (c) any FOSTA-SESTA violation arising from content on the account; or (d) any claim by a third party related to user-generated content hosted on the account.

15f. NBT’s Role. NBT’s role with respect to any approved adult-content account is limited to that of a passive hosting provider. NBT does not review, monitor, approve, endorse, produce, publish, or control Subscriber’s adult content. Subscriber is solely responsible for the legality, ownership, consent, recordkeeping, moderation, and compliance of all such content. NBT’s hosting of adult content does not constitute knowledge of or participation in any illegal activity. Subscriber acknowledges that NBT’s ability to maintain DMCA safe harbor protection under 17 U.S.C. Section 512 depends in part on NBT’s compliance with its registered agent and takedown procedures, and that Subscriber’s cooperation with NBT’s takedown requests is required.

16. Upstream Provider and Infrastructure Limitations

NBT’s hosting services are provided through one or more third-party infrastructure and cloud hosting providers (collectively, “Upstream Providers”). NBT does not own or operate the underlying server infrastructure and acts as a reseller of hosting capacity provided by those Upstream Providers.

16a. Subscriber Acknowledgment. Subscriber acknowledges and agrees that: (a) the availability, performance, and security of the Services depend in part on Upstream Providers whose operations NBT does not control; (b) Upstream Providers may experience downtime, outages, security incidents, data loss, or service interruptions that are outside NBT’s ability to prevent or remedy; (c) NBT’s Upstream Providers may change at NBT’s discretion without notice or disclosure to Subscriber; and (d) the service levels and security standards applicable to the Services are limited to what NBT is able to obtain from its Upstream Providers at any given time.

16b. Limitation of Liability for Upstream Events. NBT’s liability for Upstream Provider events shall be limited to the remedies expressly set forth in this section. In the event of an Upstream Provider incident, NBT’s sole obligation is to make commercially reasonable good faith efforts during business hours to restore Services as promptly as possible. NBT will not issue refunds, credits, or make-up services for outages caused by Upstream Provider events unless NBT is able to obtain a corresponding remedy from the Upstream Provider, and then only to the extent of that remedy.

16c. No Upstream SLA Passthrough. NBT makes no representation that any service level agreement, uptime guarantee, or other commitment made by an Upstream Provider to NBT will be extended to Subscriber. Subscriber’s rights with respect to hosting performance are limited to those expressly set forth in this Agreement and do not incorporate any terms from any agreement between NBT and its Upstream Providers.

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