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Terms and Conditions

Introduction

Welcome to Privatenode LLC’s Terms of Service (“ToS”). This document governs the relationship between Privatenode LLC (“we,” “us,” “our,” or “Privatenode”) and you (“Client,” “Customer,” or “you”), and sets forth the terms and conditions under which we provide managed WordPress hosting services to businesses, nonprofits, and municipalities.

By accessing and using our services, you agree to be bound by these Terms of Service, as well as any other policies or guidelines referenced herein. If you do not agree to all the terms and conditions contained in this ToS, you are not authorized to use our services. This ToS applies to all clients of Privatenode LLC, whether they are specifically named herein or not.

This ToS is a legally binding agreement between you and Privatenode LLC. By using our services, you acknowledge that you have read, understood, and agree to be bound by this ToS. This ToS is incorporated by reference into any other agreements or contracts that you may have with Privatenode LLC.

We may modify or update this ToS from time to time, in our sole discretion. Any changes to the ToS will be effective immediately upon posting on our website and will be applicable to all clients, including those who have already registered for our services. It is your responsibility to review the ToS periodically for any updates or changes. Your continued use of our services following the posting of any updates or changes constitutes your acceptance of such updates or changes.

This ToS is available on the Privatenode LLC website and will be provided to clients when they sign up for our hosting services. If you have any questions regarding this ToS or our services, please contact us using the contact information provided at the end of this document.

Table of Contents

  • Section 1: Definitions
  • Section 2: Services and Service Levels
  • Section 3: Content
  • Section 4: Payment Terms
  • Section 5: Account Registration and Management
  • Section 6: Acceptable Content and Use Policy
  • Section 7: Intellectual Property Rights
  • Section 8: Data Privacy and Security
  • Section 9: Suspension and Termination
  • Section 10: Disclaimer of Warranties and Limitation of Liability
  • Section 11: Indemnification
  • Section 12: Modifications to the Terms of Service
  • Section 13: Governing Law and Dispute Resolution
  • Section 14: Miscellaneous
  • Section 15: Contact Information

Section 1: Definitions

In this Terms of Service, the following terms shall have the meanings set forth below:

  1. “Account” refers to the Client’s individual subscription and access to the managed WordPress hosting services provided by Privatenode LLC.
  2. “Services” refers to the managed WordPress hosting services offered by Privatenode LLC, including but not limited to server resources, storage, backups, and support services.
  3. “Client” or “Customer” refers to any individual, business, nonprofit, or municipality that has registered for and uses the Services provided by Privatenode LLC.
  4. “Content” refers to any text, images, graphics, audio, video, software, data, or other materials created, uploaded, stored, transmitted, or otherwise used by the Client on their Account or website.
  5. “Website” refers to the Client’s individual website(s) hosted on the Privatenode LLC servers and utilizing the Services.
  6. “Uptime” refers to the percentage of time during which the Services are available and accessible to the Client, as measured by Privatenode LLC.
  7. “Downtime” refers to the percentage of time during which the Services are not available or accessible to the Client, as measured by Privatenode LLC.
  8. “SLA” or “Service Level Agreement” refers to a separate document or section within this ToS that specifies the performance standards, guarantees, and remedies related to the Services provided by Privatenode LLC.
  9. “Confidential Information” refers to any non-public information that is exchanged between Privatenode LLC and the Client, including but not limited to account details, passwords, personal data, and trade secrets.
  10. “Intellectual Property” refers to any patents, trademarks, service marks, copyrights, trade secrets, and other proprietary rights recognized by applicable law.

Please note that additional definitions may be provided throughout this ToS, as necessary for the understanding of the document. In case of any discrepancies or conflicts between the definitions provided in this section and those provided elsewhere in the ToS, the definitions in this section shall prevail.

Section 2: Services and Service Levels

Privatenode LLC is committed to providing high-quality managed WordPress hosting services to our Clients. This section outlines the various services and service levels offered by Privatenode LLC as part of our hosting packages.

  1. Managed WordPress Hosting: Privatenode LLC provides managed WordPress hosting services to Clients, which includes the setup, maintenance, and optimization of WordPress websites on our servers. We ensure that the WordPress software is kept up-to-date and that your website is configured for optimal performance.
  2. Server Resources: Privatenode LLC provides Clients with server resources, including but not limited to storage space, bandwidth, and processing power, as per the specific hosting plan chosen by the Client. Server resources are allocated on a shared or dedicated basis, depending on the hosting plan selected.
  3. Uptime Guarantee: Privatenode LLC strives to maintain a 99.9% uptime for our hosting services. This means that we aim to ensure that your website is accessible and operational 99.9% of the time during any given month. In the event that we fail to meet this uptime guarantee, you may be eligible for a service credit, as outlined in our Service Level Agreement (SLA).
  4. Backups: Privatenode LLC performs daily backups of your website data to ensure that your content is protected in case of data loss or server failure. Backups are made every day and maintained for a period of 30 days on a rolling basis. This means that at any given time, you will have access to the most recent 30 days’ worth of backups. It is the Client’s responsibility to ensure that their data is backed up and retrievable beyond the 30-day rolling schedule provided by Privatenode LLC, if they require additional backup retention.
  5. Security: Privatenode LLC takes the security of your website seriously. We implement a range of security measures to protect your website from unauthorized access, malware, and other threats. These measures may include, but are not limited to, firewalls, intrusion detection systems, and malware scanning.
  6. Support: Privatenode LLC provides customer support to assist Clients with any issues or inquiries related to their hosting services. Support is typically provided via email, phone, or ticket, with response times and availability varying depending on the hosting plan selected. Support may include assistance with server configurations, WordPress updates, troubleshooting, and other hosting-related issues.
  7. Service Limitations: Privatenode LLC reserves the right to impose reasonable limitations on the use of our services, including but not limited to limits on storage space, bandwidth, and server resources. These limitations are in place to ensure fair usage of resources among all Clients and to maintain the overall performance and stability of our hosting environment. Clients are expected to adhere to these limitations as specified in their hosting plan.

For clients with a managed hosting plan, you are exempt from the responsibility of maintaining your WordPress installations’ core software and plugins, as we will handle these updates on your behalf to ensure your website’s security and performance. However, for clients not on a managed hosting plan, it remains your obligation to maintain your WordPress installation in a secure and up-to-date state by regularly updating the WordPress core software, plugins, and themes to the latest available versions. These updates are essential for ensuring the security, performance, and overall stability of your hosting environment. Failure to comply with this requirement may constitute a violation of this Terms of Service agreement, potentially resulting in the suspension or termination of your hosting account. While we may provide support and assistance related to WordPress updates for clients not on a managed plan, ultimate responsibility for monitoring and performing these updates in a timely manner rests with you. We may also send notifications or reminders regarding updates, but by utilizing our hosting services without a managed plan, you acknowledge and agree to adhere to these WordPress core and plugin update requirements as outlined in this paragraph.

Please note that the specific services and service levels offered by Privatenode LLC may vary depending on the hosting plan chosen by the Client. It is the Client’s responsibility to review the details of their hosting plan and to select a plan that meets their specific needs and requirements.

Section 3: Content

This section outlines the Client’s responsibilities and obligations regarding the content they create, upload, store, transmit, or otherwise use on their website hosted by Privatenode LLC.

  1. Client Responsibility: The Client is solely responsible for all content they create, upload, store, transmit, or otherwise use on their website. This includes ensuring that the content complies with all applicable laws, regulations, and third-party rights, including but not limited to intellectual property rights, privacy rights, and rights of publicity. The Client represents and warrants that they have the necessary rights and permissions to use and distribute the content on their website.
  2. Acceptable Use: The Client agrees to use the Services in a manner consistent with the Privatenode LLC Acceptable Use Policy, which outlines restrictions on content and prohibited activities. This policy may include, but is not limited to, prohibitions on illegal content, adult content, spam, and content that promotes violence or discrimination. The Client is responsible for ensuring that their content and activities do not violate the Acceptable Use Policy.
  3. Monitoring and Removal: Privatenode LLC reserves the right, but is not obligated, to monitor the content on the Client’s website to ensure compliance with this ToS and the Acceptable Use Policy. If we determine, in our sole discretion, that any content violates the ToS, the Acceptable Use Policy, or any applicable laws or regulations, we may remove or disable access to such content without prior notice to the Client.
  4. Data Ownership and Intellectual Property: The Client retains ownership of all intellectual property rights in their content, subject to the licenses and permissions granted in this ToS. The Client grants Privatenode LLC a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, and display the content as necessary for the purpose of providing the Services.
  5. Backups and Data Loss: While Privatenode LLC performs daily backups of the Client’s website data, as described in Section 3, the Client acknowledges that they are responsible for maintaining additional backups beyond the 30-day rolling schedule provided by Privatenode LLC, if they require extra backup retention. Privatenode LLC is not liable for any data loss, corruption, or damage to the Client’s content, except as explicitly stated in our Service Level Agreement (SLA).
  6. Third-Party Content: The Client’s website may include links to, or content from, third-party websites or services. Privatenode LLC is not responsible for the content, privacy practices, or availability of such third-party websites or services. The Client is responsible for ensuring that any third-party content complies with all applicable laws, regulations, and third-party rights.

Section 4: Payment Terms

This section outlines the payment terms and conditions applicable to the Client’s use of Privatenode LLC’s managed WordPress hosting services.

  1. Fees: The Client agrees to pay the fees for the Services as specified in their chosen hosting plan. These fees may include, but are not limited to, setup fees, recurring subscription fees, domain registration fees, and any additional service fees. Privatenode LLC reserves the right to modify the fees for the Services at any time, with advance notice to the Client.
  2. Payment Frequency: The Client will be billed on a recurring basis according to the billing cycle selected at the time of signup. Billing cycles may include monthly, quarterly, semi-annually, or annually. The Client is responsible for ensuring that their payment information is up-to-date and that sufficient funds are available to cover the fees for the Services.
  3. Payment Methods: Privatenode LLC accepts various payment methods, which may include credit cards, debit cards, ACH, or other online payment systems. The Client is responsible for ensuring that their chosen payment method is valid and that the necessary funds are available.
  4. Late Payments: If the Client fails to make a payment for the Services by the due date, Privatenode LLC reserves the right to suspend or terminate the Client’s Account and access to the Services. Privatenode LLC may also charge a late payment fee or interest on the overdue amount, as permitted by applicable law.
  5. Refunds and Cancellations: Privatenode LLC may offer a refund policy or a money-back guarantee for certain services or hosting plans. The specific terms and conditions of any refund policy or money-back guarantee will be clearly stated on our website or in the Service Level Agreement (SLA). The Client must submit any refund or cancellation requests in accordance with the stated terms and conditions to be eligible for a refund.
  6. Upgrades and Downgrades: The Client may request to upgrade or downgrade their hosting plan at any time. Upgrades and downgrades may result in a change in the fees for the Services, and the Client agrees to pay any additional fees resulting from such changes. Any changes to the hosting plan and associated fees will be effective from the next billing cycle following the request.
  7. Taxes: The Client is responsible for any applicable taxes, levies, or duties imposed by taxing authorities related to their use of the Services. Privatenode LLC will not be responsible for collecting or remitting such taxes, unless required by law.

By using Privatenode LLC’s services, the Client agrees to be bound by these payment terms and conditions. Failure to comply with these payment terms may result in suspension or termination of the Client’s account and access to the Services.

Section 5: Account Registration and Management

This section outlines the terms and conditions related to the registration, management, and termination of the Client’s Account with Privatenode LLC.

  1. Account Registration: To access and use Privatenode LLC’s Services, the Client must create an Account by providing accurate and complete information, including a valid email address, contact information, and payment details. The Client represents and warrants that the information provided during the registration process is true, accurate, and up-to-date.
  2. Account Security: The Client is responsible for maintaining the confidentiality and security of their Account credentials, including their username and password. The Client must promptly notify Privatenode LLC of any unauthorized use of their Account or any other breach of security. Privatenode LLC is not liable for any loss or damage arising from the Client’s failure to maintain the security of their Account.
  3. Account Updates: The Client is responsible for keeping their Account information up-to-date and accurate. This includes promptly updating their contact information, payment details, and any other information necessary for the provision of the Services. Privatenode LLC is not responsible for any issues or interruptions in the Services resulting from the Client’s failure to maintain accurate Account information.
  4. Account Termination: The Client may terminate their Account at any time by following the account cancellation procedures specified on the Privatenode LLC website or by contacting our customer support. Upon termination, the Client is responsible for paying any outstanding fees and for ensuring that they have retrieved any necessary data from their Account prior to the termination. Privatenode LLC is not responsible for any loss of data resulting from Account termination.
  5. Suspension and Termination by Privatenode LLC: Privatenode LLC reserves the right to suspend or terminate the Client’s Account and access to the Services at any time, with or without notice, for any reason, including but not limited to non-payment of fees, violation of the Terms of Service, the Acceptable Use Policy, or any applicable laws or regulations. Privatenode LLC is not liable for any loss or damage arising from the suspension or termination of the Client’s Account.
  6. Data Retention: Upon termination of the Client’s Account, Privatenode LLC will retain the Client’s data for a limited period, as specified in our data retention policy. After this period, the data will be permanently deleted. The Client is responsible for ensuring that they have retrieved any necessary data from their Account prior to the termination and expiration of the data retention period.

By registering for an Account with Privatenode LLC, the Client agrees to be bound by these account registration and management terms and conditions. Failure to comply with these terms may result in suspension or termination of the Client’s Account and access to the Services.

Section 6: Acceptable Content and Use Policy

To ensure the stability, performance, and security of our hosting environment, all clients must adhere to the following content guidelines:

  1. Prohibited Content: The following types of content are strictly prohibited from being hosted on our servers:
    • Illegal content, including but not limited to materials that infringe intellectual property rights, violate privacy laws, or contain prohibited items under applicable law.
    • Content promoting hate speech, violence, or any form of discrimination.
    • Malicious software, viruses, or any tools designed to harm, disrupt, or gain unauthorized access to systems or data.
    • Sexually explicit, pornographic, or adult material.
    • Content promoting illegal activities such as gambling, drug use, or hacking.
    • Content that harms, threatens, or defames any person or entity.
  2. Media Hosting Restrictions:
    • Streaming or hosting video and audio files directly on our servers is not allowed. Clients are required to use external services such as YouTube, Vimeo, SoundCloud, or similar platforms for hosting and embedding media content.
    • Examples of restricted files include, but are not limited to:
      • Video files: .mp4, .avi, .mov, .mkv
      • Audio files: .mp3, .wav, .aac
  3. Resource-Intensive Content:
    • Content that excessively consumes server resources, including high-resolution media files or applications that perform heavy data processing, must be hosted on specialized services.
  4. Prohibited Activities:
    • Interfering with or disrupting the normal functioning of the Services or any other networks, systems, or services connected to the Services.
    • Attempting to gain unauthorized access to, or compromise the security of, the Services or any other networks, systems, or services connected to the Services.
    • Using the Services for spamming, phishing, or other unsolicited or unauthorized communications.
    • Mining cryptocurrencies or engaging in other resource-intensive activities that may degrade the performance or stability of the Services.
    • Attempting to bypass any restrictions or limitations imposed by Privatenode LLC on the use of the Services, including but not limited to bandwidth, storage, or server resource limitations.
  5. User Responsibility:
    • Clients are responsible for ensuring that all content uploaded to our servers complies with this policy. Failure to comply may result in content removal, account suspension, or termination, as outlined in our general Terms of Service.

If you have any questions about whether specific content is permissible, please contact our support team prior to uploading or hosting the material.

Section 7: Intellectual Property Rights

This section outlines the terms and conditions related to the intellectual property rights associated with the Client’s use of Privatenode LLC’s managed WordPress hosting services.

  1. Client’s Intellectual Property: The Client retains all rights, title, and interest in and to the intellectual property they create, upload, store, transmit, or otherwise use on their website, subject to the licenses and permissions granted in this ToS. The Client represents and warrants that they have the necessary rights and permissions to use and distribute their intellectual property on their website.
  2. Privatenode LLC’s Intellectual Property: Privatenode LLC retains all rights, title, and interest in and to the intellectual property associated with the Services, including but not limited to software, designs, trademarks, and logos. The Client is granted a limited, non-exclusive, non-transferable, revocable license to use the Services, as provided by Privatenode LLC, for the purpose of hosting their website. The Client agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or any intellectual property associated with the Services, without the express written permission of Privatenode LLC.
  3. Third-Party Intellectual Property: The Client’s website may include third-party intellectual property, such as software, plugins, themes, images, or other content. The Client is responsible for ensuring that they have the necessary rights and permissions to use any third-party intellectual property on their website and that their use of such intellectual property complies with all applicable laws, regulations, and third-party rights.
  4. Infringement Claims: If Privatenode LLC receives a claim that the Client’s website infringes on the intellectual property rights of a third party, we may, in our sole discretion, take any appropriate action, including but not limited to removing or disabling access to the allegedly infringing content, suspending or terminating the Client’s Account, and reporting the violation to law enforcement authorities. The Client agrees to indemnify and hold harmless Privatenode LLC from any claims, damages, or costs, including reasonable attorney’s fees, arising from any infringement claims related to the Client’s use of the Services.

By using Privatenode LLC’s services, the Client agrees to be bound by these intellectual property terms and conditions. Failure to comply with these terms may result in suspension or termination of the Client’s Account and access to the Services.

Section 8: Data Privacy and Security

This section outlines the terms and conditions related to data privacy and security in connection with the Client’s use of Privatenode LLC’s managed WordPress hosting services.

  1. Compliance with Laws: The Client is responsible for ensuring that their use of the Services, including the collection, storage, processing, and transmission of personal data, complies with all applicable data protection and privacy laws, regulations, and third-party rights.
  2. Privacy Policy: Privatenode LLC is committed to protecting the privacy of personal data collected, stored, and processed in connection with the Services. Our Privacy Policy, available on the Privatenode LLC website, provides detailed information about our data collection practices, data usage, data retention, and data security measures. By using the Services, the Client agrees to the terms and conditions of our Privacy Policy.
  3. Data Security: Privatenode LLC implements appropriate technical and organizational measures to ensure the security and confidentiality of personal data collected, stored, and processed in connection with the Services. These measures may include, but are not limited to, encryption, access controls, and regular security audits. However, the Client acknowledges that no method of data transmission or storage can be guaranteed to be completely secure, and Privatenode LLC cannot guarantee the absolute security of the personal data.
  4. Data Breaches: In the event of a data breach involving the Client’s personal data, Privatenode LLC will take reasonable steps to mitigate the impact of the breach, notify the Client of the breach, and comply with any applicable data breach notification laws or regulations. The Client is responsible for complying with any legal obligations they may have in relation to notifying affected individuals or regulatory authorities of the data breach.
  5. Data Processing Agreement: If the Client processes personal data on behalf of third parties in connection with their use of the Services, they may be required to enter into a Data Processing Agreement (DPA) with Privatenode LLC, in accordance with applicable data protection laws and regulations. The DPA will set forth the respective roles and responsibilities of Privatenode LLC and the Client with respect to the processing of personal data in connection with the Services.

By using Privatenode LLC’s services, the Client agrees to be bound by these data privacy and security terms and conditions. Failure to comply with these terms may result in suspension or termination of the Client’s Account and access to the Services.

Section 9: Suspension and Termination

This section outlines the terms and conditions related to the suspension and termination of the Client’s Account and access to Privatenode LLC’s managed WordPress hosting services.

  1. Suspension by Privatenode LLC: Privatenode LLC reserves the right to suspend the Client’s Account and access to the Services at any time, with or without notice, for any reason, including but not limited to non-payment of fees, violation of the Terms of Service, the Acceptable Use Policy, or any applicable laws or regulations. Suspension may include disabling access to the Client’s website, email, and other Services-related features.
  2. Termination by Client: The Client may terminate their Account at any time by following the account cancellation procedures specified on the Privatenode LLC website or by contacting our customer support. Upon termination, the Client is responsible for paying any outstanding fees and for ensuring that they have retrieved any necessary data from their Account prior to the termination. Privatenode LLC is not responsible for any loss of data resulting from Account termination. Clients engaging with Privatenode LLC’s Rapid Website Design Service should be aware that the service’s monthly fee includes a portion of the initial development costs. This structure keeps the initial setup fee competitively low. In the event a Client opts for early termination of their three year contract with Privatenode LLC, a termination fee will be applied. This fee, calculated at $35 per month, is levied for each month remaining in the contractual term. This termination fee is instituted to recoup the subsidized portion of the initial development costs absorbed by Privatenode LLC. Should a Client choose to terminate their contract and decline to pay the calculated termination fee, ownership and possession rights of the developed WordPress theme will not transfer to the Client. Instead, the WordPress theme will remain the property of Privatenode LLC. This clause is intended to protect the investment made by Privatenode LLC in the reduced initial setup costs and ensure fair compensation in the event of early contract termination.
  3. Termination by Privatenode LLC: Privatenode LLC reserves the right to terminate the Client’s Account and access to the Services at any time, with or without notice, for any reason, including but not limited to non-payment of fees, violation of the Terms of Service, the Acceptable Use Policy, or any applicable laws or regulations. Termination may include the deletion of the Client’s data, website, and other Account-related content.
  4. Effect of Suspension and Termination: Upon suspension or termination of the Client’s Account, the Client’s right to access and use the Services will be immediately revoked. The Client is responsible for retrieving any necessary data from their Account prior to the suspension or termination, and Privatenode LLC is not responsible for any loss of data resulting from the suspension or termination.
  5. Reinstatement: If the Client’s Account has been suspended or terminated, the Client may request reinstatement by contacting Privatenode LLC’s customer support and resolving the issue that led to the suspension or termination, such as paying any outstanding fees or rectifying any violations of the Terms of Service or Acceptable Use Policy. Privatenode LLC, in its sole discretion, may reinstate the Client’s Account and access to the Services.

By using Privatenode LLC’s services, the Client agrees to be bound by these suspension and termination terms and conditions. Failure to comply with these terms may result in suspension or termination of the Client’s Account and access to the Services.

Section 10: Disclaimer of Warranties and Limitation of Liability

This section outlines the disclaimers of warranties and limitations of liability related to the Client’s use of Privatenode LLC’s managed WordPress hosting services.

  1. Disclaimer of Warranties: The Services are provided by Privatenode LLC on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permissible by law, Privatenode LLC disclaims all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Privatenode LLC does not warrant that the Services will meet the Client’s specific requirements, be uninterrupted, timely, secure, or error-free, or that any defects in the Services will be corrected.
  2. Limitation of Liability: To the fullest extent permissible by law, in no event shall Privatenode LLC, its officers, directors, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from the Client’s access to or use of, or inability to access or use, the Services, any content or materials obtained through the Services, or any unauthorized access to or alteration of the Client’s data or transmissions, even if Privatenode LLC has been advised of the possibility of such damages.
  3. Maximum Liability: In the event that Privatenode LLC is found to be liable for any damages arising out of or in connection with the Client’s use of the Services, the total liability of Privatenode LLC to the Client shall not exceed the greater of one hundred U.S. dollars (USD 100) or the total amount of fees paid by the Client to Privatenode LLC in the six (6) months immediately preceding the event giving rise to the claim.
  4. Indemnification: The Client agrees to indemnify, defend, and hold harmless Privatenode LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees and costs, arising out of or in connection with the Client’s use of the Services, violation of these Terms of Service, violation of any applicable laws or regulations, or infringement of any intellectual property or other rights of any third party.
  5. Time Limitation: The Client agrees that any claim or cause of action arising out of or related to these Terms of Service or the Client’s use of the Services must be filed within one (1) year after the cause of action arose, otherwise such claim or cause of action shall be permanently barred.

By using Privatenode LLC’s services, the Client agrees to be bound by these disclaimers of warranties and limitations of liability.

Section 11: Indemnification

This section outlines the terms and conditions related to indemnification in connection with the Client’s use of Privatenode LLC’s managed WordPress hosting services.

  1. Indemnification Obligations: The Client agrees to indemnify, defend, and hold harmless Privatenode LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees and costs, arising out of or in connection with:
    • The Client’s use of the Services;
    • The Client’s violation of these Terms of Service, the Acceptable Use Policy, or any applicable laws or regulations;
    • The Client’s infringement of any intellectual property or other rights of any third party;
    • The Client’s breach of any representations or warranties made under these Terms of Service; or
    • Any disputes between the Client and a third party related to the Client’s use of the Services.
  2. Indemnification Procedure: If a claim is brought against Privatenode LLC that is subject to indemnification by the Client, Privatenode LLC will promptly notify the Client in writing of the claim. The Client shall assume control of the defense and settlement of the claim, provided that Privatenode LLC may participate in the defense and settlement with its own counsel, at its own expense. The Client shall not settle any claim without the prior written consent of Privatenode LLC, which shall not be unreasonably withheld or delayed.
  3. Cooperation: Privatenode LLC agrees to provide the Client with reasonable cooperation and assistance, at the Client’s expense, in the defense and settlement of any claim subject to indemnification by the Client.

By using Privatenode LLC’s services, the Client agrees to be bound by these indemnification terms and conditions.

Section 12: Modifications to the Terms of Service

This section outlines the terms and conditions related to modifications of the Terms of Service in connection with the Client’s use of Privatenode LLC’s managed WordPress hosting services.

  1. Updates and Changes: Privatenode LLC reserves the right to update, modify, or amend these Terms of Service at any time, without prior notice. Changes to the Terms of Service may be made to reflect changes in laws or regulations, updates to our Services, or other factors impacting our business operations.
  2. Notification of Changes: If any material changes are made to these Terms of Service, Privatenode LLC will make reasonable efforts to notify the Client by posting a notice on our website, sending an email to the Client’s registered email address, or through other appropriate communication channels.
  3. Continued Use: The Client’s continued use of the Services following any updates, modifications, or amendments to the Terms of Service constitutes acceptance of those changes. If the Client does not agree to the updated Terms of Service, they must stop using the Services and terminate their Account.
  4. Applicable Terms: The version of the Terms of Service that is applicable to the Client’s use of the Services is the version in effect at the time the Client accesses or uses the Services.

By using Privatenode LLC’s services, the Client agrees to be bound by these terms and conditions related to modifications to the Terms of Service.

Section 13: Governing Law and Dispute Resolution

This section outlines the terms and conditions related to governing law and dispute resolution in connection with the Client’s use of Privatenode LLC’s managed WordPress hosting services.

  1. Governing Law: These Terms of Service and any disputes arising out of or in connection with the Client’s use of the Services shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, without regard to its conflict of law provisions.
  2. Dispute Resolution:
    1. Informal Resolution: In the event of any dispute, claim, or controversy arising out of or in connection with these Terms of Service or the Client’s use of the Services, the Client and Privatenode LLC agree to first attempt to resolve the dispute informally by contacting each other and discussing the matter in good faith.
    2. Arbitration: If the Client and Privatenode LLC are unable to resolve the dispute informally within thirty (30) days of the initial notification of the dispute, either party may initiate binding arbitration in accordance with the rules and procedures of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration provider. The arbitration shall take place in a location within the State of North Carolina, USA, unless both parties agree to a different location. The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
    3. Class Action Waiver: The Client and Privatenode LLC agree that any dispute resolution proceedings, whether through arbitration or otherwise, shall be conducted only on an individual basis and not as a class action, consolidated, or representative action. The Client and Privatenode LLC further agree that they may only bring claims against each other in their individual capacities and not as a plaintiff or class member in any purported class or representative proceeding.

By using Privatenode LLC’s services, the Client agrees to be bound by these terms and conditions related to governing law and dispute resolution.

Section 14: Miscellaneous

This section outlines various miscellaneous terms and conditions related to the Client’s use of Privatenode LLC’s managed WordPress hosting services.

  1. Entire Agreement: These Terms of Service, together with any documents incorporated herein by reference, constitute the entire agreement between the Client and Privatenode LLC with respect to the Services and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, between the parties relating to the Services.
  2. Severability: If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
  3. Waiver: No waiver of any provision of these Terms of Service by Privatenode LLC shall be deemed a further or continuing waiver of such provision or any other provision, and Privatenode LLC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
  4. Assignment: The Client may not assign or transfer any of their rights or obligations under these Terms of Service without the prior written consent of Privatenode LLC. Privatenode LLC may freely assign or transfer its rights and obligations under these Terms of Service without restriction, and any assignment or transfer by Privatenode LLC shall not relieve the Client of their obligations under these Terms of Service.
  5. Force Majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms of Service due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, pandemics, or failures of third-party service providers.
  6. Headings: The headings used in these Terms of Service are for convenience only and shall not affect the interpretation of the provisions hereof.
  7. Notices: Any notices or other communications required or permitted under these Terms of Service shall be in writing and shall be deemed to have been duly given when delivered in person, sent by registered or certified mail, return receipt requested, or by email to the addresses specified in the Client’s Account or as otherwise agreed upon by the parties.

By using Privatenode LLC’s services, the Client agrees to be bound by these miscellaneous terms and conditions.

Section 15: Contact Information

This section provides the contact information for Privatenode LLC, a managed WordPress hosting and design provider.

Privatenode LLC is located at:

300 S Main Street
Suite 212
Holly Springs, NC 27540
United States

You can contact Privatenode LLC using the following methods:

  1. Phone:
  2. Email: [email protected]
  3. Website: https://privatenode.io/contact
  4. Online Portal: https://clients.privatenode.io

If you have any questions, concerns, or comments regarding these Terms of Service or any other matters related to Privatenode LLC’s managed WordPress hosting services, please feel free to reach out using any of the contact methods listed above.