Welcome to Nathan Allan Co., where we provide high-quality Website Hosting Services designed to help businesses establish and maintain a strong online presence.

This document outlines the Terms of Service (the “Agreement”) between you (the “Client,” “you,” or “your”) and Nathan Allan Co. (the “Company,” “we,” “us,” or “our”). By accessing or using our Website Hosting Services, you agree to comply with and be legally bound by these Terms. We encourage you to carefully review this Agreement as it forms a binding contract between you and Nathan Allan Co.

By using our Website Hosting Services, you represent and warrant that you are at least 18 years of age. If you are using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not meet these eligibility requirements, you are not authorized to access or use our services.

These Website Hosting Terms of Service are intended to be read and applied in conjunction with our Website Design Terms of Service. If you have contracted for both website design and website hosting services with Nathan Allan Co., the terms governing each service are complementary and collectively form the complete agreement between you and Nathan Allan Co.

In the event of any conflict between these Website Hosting Terms and the Website Design Terms, the terms outlined in the Website Design Terms will govern the provision of website design services, while the Website Hosting Terms will apply to hosting-related services. By agreeing to both sets of Terms, you acknowledge that both are binding and applicable to the respective services provided.

Should any dispute arise involving both hosting and design services, the applicable provisions from both agreements will be considered in resolving the matter.

We reserve the right to modify, update, or replace any part of these Terms of Service at our sole discretion. Once updated, any changes will take effect immediately.

We will make reasonable efforts to notify you of significant updates to these Terms (via email or through your admin account). However, it is your responsibility to review these Terms regularly to stay informed about any changes.

By continuing to use our Website Hosting Services after such modifications are made, you acknowledge and agree to be bound by the revised Terms of Service. If you do not agree with the updated Terms, you must discontinue using our services immediately. Continued use of the services after changes will be deemed acceptance of the revised Terms.

We specialize in providing high-performance, secure, and scalable website hosting solutions designed to help businesses establish and maintain a strong online presence.

Our Website Hosting Services include:

• Dedicated Server Space: Exclusive server space for your website, ensuring optimal performance and reliability.
• Full Administrative Access: Complete backend access to manage and configure your website as needed.
• Optimized Bandwidth Allocation: Efficient bandwidth management for smooth website performance.
• Secure Data Storage: Safe and encrypted storage for your website’s digital content, ensuring data integrity and privacy.
• Robust Website Security Features: Comprehensive security measures to protect against cyber threats and unauthorized access.
• SSL Certificate: Includes an SSL certificate for secure, encrypted data transfer between your website and its visitors.
• Regular Data Backups: Automatic and scheduled backups to ensure your website’s data is safe and recoverable in case of an issue.
• Responsive Technical Support: Dedicated support available to assist you with any technical issues or questions related to your hosting services.

These services are designed to ensure that your website runs smoothly, securely, and with minimal downtime, allowing you to focus on growing your business.

We reserve the right, at our sole discretion, to modify, suspend, or terminate any of our services, features, or materials provided through our platform at any time, with or without prior notice. This includes the discontinuation of specific functionalities or services as necessary.

We strive to maintain the availability and quality of our services; however, we cannot guarantee uninterrupted access. We shall not be held liable for any loss, inconvenience, or damages resulting from the unavailability of all or part of our services, whether such unavailability is due to routine maintenance, technical issues, or other circumstances beyond our control.

We perform regular backups of your website, including files and databases, with a retention period of seven (7) days. These backups are stored on our servers and can be restored upon request, typically within 1-2 business days.

You do not have direct access to backups, and we recommend that you maintain a personal backup of your content. Upon cancellation or termination, all website data, including backups, will be permanently deleted in 14 calendar days.

We are not liable for any loss of data after service termination, and it is your responsibility to ensure that any necessary content is saved before cancellation.

We may perform scheduled maintenance to ensure the reliability and security of our Website Hosting Services. We will provide at least 48 hours’ notice prior to any planned maintenance. During scheduled maintenance, your website may experience temporary downtime, but we strive to minimize disruptions and keep downtime to four (4) hours or less.

In the event of unplanned outages or emergency maintenance due to unforeseen technical issues, we will make reasonable efforts to restore service as quickly as possible. While we aim for 99.9% uptime annually, we do not guarantee uninterrupted access at all times.

We are not responsible for downtime caused by third-party services, force majeure events, or issues beyond our control.

Our servers are optimized to support stable and consistent levels of traffic. In the event of a sudden traffic surge that significantly increases bandwidth demand:

• An additional fee may be required to ensure uninterrupted performance during peak periods.
• If your website consistently receives high traffic volumes, we may revise your website hosting subscription to reflect the extra resources needed for optimal performance.

These measures ensure that your site remains fast, stable, and reliable—even during periods of increased demand. 

You agree not to use our Website Hosting Services for any unlawful or harmful activities, including but not limited to:

• Hosting or distributing malware, viruses, or other malicious software.
• Engaging in spamming, phishing, or fraudulent activities.
• Uploading, transmitting, or storing infringing, defamatory, or obscene content.
• Violating any intellectual property rights, including copyrights and trademarks.
• Engaging in activities that compromise the security or performance of our servers or other clients.

We reserve the right to suspend or terminate hosting services immediately with or without notice if these terms are violated. You are responsible for any legal claims arising from your content and agree to indemnify Nathan Allan Co. from any resulting liability.

We are committed to protecting your privacy and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and any other relevant privacy laws.

• Client Data: We collect and process personal data to provide our Website Hosting Services. This data includes account details, payment information, and website-related content.
• Data Storage: Your data is securely stored on our servers and is accessible only by authorized personnel.
• Data Sharing: We do not share your personal data with third parties, except when required by law or when engaging third-party service providers to fulfill hosting obligations (e.g., payment processors, backup services).

By using our Website Hosting Services, you consent to the collection and processing of your data as outlined in our Privacy Policy. You may access, update, or request deletion of your data by contacting us directly.

We take the security of your website and hosting environment seriously. We implement industry-standard measures to protect your website from unauthorized access, data breaches, and other security risks, including:

• Regular security patches and software updates to safeguard the hosting infrastructure.
• Firewalls, malware scanning, and proactive monitoring to prevent malicious activity.

We will notify you of any significant security threats or vulnerabilities we identify that may affect your website. However, we are not responsible for fixing issues caused by outdated or insecure website components provided by third parties (such as plugins or themes).

If your website is compromised due to a security vulnerability, we will assist in restoring the website to a secure state. Additional charges may apply if the issue is due to external or outdated content.

Your admin account provides full backend access to manage and configure your website and services with Nathan Allan Co. You can access your admin account through a specific login page on your website’s domain. The admin dashboard gives you comprehensive access to the following features:

• Full Editing Access: Edit your dynamic content and website pages (follow tutorial video).
• Add Users: Add users and allow them to edit your website.
• Client Personal Information: View your personal details.
• Billing and Subscriptions: Access invoices, manage billing history, and review your subscription details.
• Billing Portal: Update your payment method and card information securely.
• Online Consultation Booking: Schedule online meetings with us for support or consultations.
• Domain Overview: View domain information and be directed to the third-party link where your domain is managed (we only have administrative access to your domain).
• Referral Program: Track and manage your referral credits and program details.
• Legal Links and Documents: Access terms, policies, and other legal documents.
• Cancellation Section: Request to cancel your website.

You are solely responsible for safeguarding your login credentials and ensuring that only authorized individuals can access your admin account. If you suspect any unauthorized access or security breaches, you must notify us immediately, preferably within 24 hours, so that we can take the necessary steps to secure your account and content.

We are not liable for any loss, damage, or disruption of service resulting from unauthorized access due to your failure to maintain the confidentiality of your credentials.

You are granted full administrative access to your website’s backend upon completion of setup. This access allows you to manage, edit, and update your website’s content, media, and certain design elements as outlined in the video tutorial.

While you have full access, it is strongly recommended that you follow the tutorial video and documentation provided by Nathan Allan Co. before making changes. These resources are designed to help you make safe edits without affecting your website’s functionality or security.

To protect your website’s performance and ensure continued stability, you must not:

• Delete, deactivate, or modify any plugins, themes, or core software installed by Nathan Allan Co.
• Access or alter security plugins, firewall configurations, or malware protection tools.
• Change custom settings, integrations, or server configurations applied during setup.
• Install unapproved third-party plugins, extensions, or scripts that could interfere with existing systems. 
• Edit or remove system-critical files, code, or automation scripts managed by Nathan Allan Co. 
• Export website content and software to a different hosting provider.

Any unauthorized modifications to the website’s backend, plugins, or settings that result in broken functionality, errors, or downtime will be the client’s sole responsibility. 

We may charge a repair or restoration fee at a standard hourly rate to resolve any issues caused by such changes.

We reserve the right to temporarily suspend or limit administrative access if unauthorized changes are detected that compromise the security, performance, or integrity of the hosting environment. 

To maintain uninterrupted access to our Website Hosting Services and ensure the continuous operation of your website, you are required to maintain an active subscription, billed either monthly or annually, depending on the plan you select. By agreeing to these Terms, you authorize us to automatically charge the card on file for the selected subscription plan on a recurring basis.

You are solely responsible for ensuring that your payment information is accurate and up-to-date within our billing portal. We may notify you (or Stripe, our payment processor) if your payment method is approaching expiration or requires updating.

If a payment attempt is declined, we will make multiple attempts to process the transaction. If the issue persists, your hosting services may be suspended or terminated, which could result in your website going offline. We will make reasonable efforts to contact you and provide an opportunity to resolve the payment issue before taking such action.

We reserve the right to modify the pricing structure of our subscription plans. You will receive at least 30 days’ advance notice of any pricing changes via email or through your admin account. If you do not agree to the new pricing, you may cancel your subscription without penalty before the new rates take effect. By continuing to use our services after the new pricing takes effect, you acknowledge and accept the updated rates.

To maintain fair access and platform stability for all customers, we may implement usage restrictions based on your specific utilization of our services. These restrictions may include, but are not limited to, limitations on bandwidth, storage, or server resource usage.

If your usage exceeds the limits of your selected plan, we will notify you and provide the opportunity to either reduce your usage or upgrade your plan to accommodate your needs. In cases where additional resources or services are required, we may increase your subscription price accordingly to reflect the increased server usage.

Any necessary adjustments will be made at our discretion to ensure the fair performance of the platform for all clients and users.

Client-Initiated Termination
You may cancel your Website Hosting Services with Nathan Allan Co. at any time, for any reason, by submitting a cancellation request through your admin account. Once your cancellation request is processed, your subscription will not renew, and no further charges will be incurred. Please note that all fees previously paid are non-refundable.

It is your sole responsibility to ensure that all website content, including but not limited to images, text, logos, and other data, is backed up and saved prior to requesting cancellation. We will not be liable for any loss of website content following the termination of services.

Nathan Allan Co. Initiated Termination
We reserve the right to terminate your Website Hosting Services and any related offerings at any time, with or without cause, by providing reasonable notice to you. Immediate termination may occur, with or without prior notice, in the following circumstances:

• You have violated these Terms of Service.
• You have breached applicable local, state, or federal laws or regulations.
• Your use of the services poses a risk to the security, integrity, or performance of our platform or other clients’ services.

In such cases, we will make a good-faith effort to inform you of any violations or pending termination where possible, though immediate action may be required without prior notice.

Effects of Termination
Upon termination, whether initiated by you or Nathan Allan Co., your access to our website hosting services, admin account, and all associated infrastructure will be permanently discontinued. All data stored on our servers, including website content, configurations, and backups, may be deleted without further notice.

We will not be responsible for any loss of data, business interruption, or damages resulting from the discontinuation of services. It is your responsibility to save and secure your content prior to termination.

Client Intellectual Property
You retain full ownership of all content, data, domain names, graphics, images, logos, and any other materials (“Client Content”) that you provide to Nathan Allan Co. for upload, publication, or transmission through our Website Hosting Services.

You are solely responsible for ensuring that you have obtained all necessary rights, licenses, and permissions to use, display, and distribute such content, and that your use of the Client Content does not infringe upon any third-party rights.

Nathan Allan Co. assumes no liability for any copyright infringement, trademark disputes, or other legal issues arising from the use, publication, or distribution of your content. You agree to indemnify, defend, and hold harmless Nathan Allan Co., along with its affiliates, officers, directors, employees, and agents, from and against any and all third-party claims, damages, liabilities, or expenses (including reasonable attorney’s fees) arising out of or related to your Client Content or its use.

Nathan Allan Co.’s Intellectual Property
All software, frameworks, codebases, templates, design tools, and other service infrastructure used or provided by Nathan Allan Co. remain the exclusive intellectual property of Nathan Allan Co. or its licensed providers. These materials are made available to you solely for the purpose of accessing and using our services in accordance with these Terms of Service.

You are granted a limited, non-exclusive, non-transferable license to use Nathan Allan Co.’s proprietary materials as necessary to use our services. Any unauthorized use, reproduction, distribution, resale, or modification of Nathan Allan Co.’s intellectual property is strictly prohibited and may result in legal action.

Third-Party Assets
We may incorporate third-party design tools, templates, icons, plugins, or stock assets in the creation of your website. While we make every effort to ensure compliance with all applicable licensing requirements, we do not warrant or guarantee that third-party content is free from infringement claims. You are responsible for ensuring that any third-party assets used are licensed for intended use.

License for Service Provision
By using our services, you grant Nathan Allan Co. a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, and distribute your content solely for the purpose of providing, promoting, and marketing our Website Hosting and related services. This license will automatically terminate upon the termination of your Website Hosting Services.

You are solely responsible for registering, managing, and renewing your domain name through your chosen domain registrar, under an account that you control. We do not retain ownership of your domain name. However, at your request, we may act as the administrative or technical contact for your domain, which may grant us limited access to domain-related settings and notifications.

It is your responsibility to:

• Ensure that your domain registration remains active and does not expire.
• Monitor renewal dates and pay associated renewal fees on time.
• Keep your domain registrar account credentials and contact information accurate, secure, and up to date.

We are not liable for any website downtime, data loss, business interruption, or other consequences arising from your failure to renew your domain name or maintain accurate domain settings. We strongly recommend enabling auto-renewal through your domain registrar to avoid unintentional expiration.

We may offer a Referral Program to reward clients who refer new customers to our Website Design and Hosting Services. Participation in the Referral Program is optional but subject to the terms outlined below.

To qualify for referral rewards, your referral must use your unique referral link to submit an inquiry for a website. Referrals made without your link cannot be credited retroactively. A referral credit will only be issued once your referral completes a successful full website design transaction with us. 

Each successful referral earns one (1) credit valued at $60. Credits may be applied toward eligible services such as new website pages or page updates.

• New website pages: Each additional page starts at $60 per page. One credit covers up to $60 in value; any remaining balance will be billed separately based on the scope of content for that page.
• Page updates: One full credit may be redeemed for a single page update request, regardless of the number of changes requested. 

There is no limit to the number of referrals you can make or credits you can earn. However, credits are non-transferable, non-redeemable for cash, and must be used before their expiration date. Credits and their expiration dates can be viewed in your website’s admin dashboard. Expired credits hold no value and cannot be reinstated. 

We reserve the right to modify, suspend, or discontinue the Referral Program at any time, with or without notice.

Technical support is provided to assist clients with the use and operation of our Website Hosting Services. Our support is available through the following channels:

• Email: [email protected] (recommended)
• Video Meetings: Book directly through your admin dashboard (recommended for in-depth support)
• Text: Contact number available in the admin dashboard

We strive to respond to all support inquiries within 1-2 business days. However, response times may vary depending on the nature and severity of the issue. For critical service outages, we will prioritize responses and work to resolve the issue as quickly as possible.

Support requests related to issues beyond the scope of our Website Hosting Services may incur additional charges.

To the fullest extent permitted by law, Nathan Allan Co., including its affiliates, officers, directors, employees, agents, and licensors, shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of, or inability to use, our Website Hosting Services.

This includes, without limitation, damages for loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if Nathan Allan Co. has been advised of the possibility of such damages.

While we strive to provide reliable and uninterrupted Website Hosting Services, we do not guarantee continuous availability or flawless performance. Temporary unavailability may occur due to scheduled maintenance, technical issues, third-party outages, or circumstances beyond our reasonable control (including force majeure events).

By using our services, you acknowledge that such interruptions may occur and agree that Nathan Allan Co. shall not be held responsible for any damages, losses, or claims resulting from temporary downtime, technical failures, or service disruptions.

You agree to indemnify, defend, and hold harmless Nathan Allan Co., its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

1. Your use or misuse of our Website Hosting Services.
2. Your breach of these Terms of Service or violation of applicable law.
3. Any content, data, or materials you upload, transmit, or display through your hosted website (“Client Content”).
4. Any actual or alleged infringement of third-party intellectual property, privacy, or proprietary rights.
5. Your integration or use of third-party services, software, or tools.
6. Any negligent, unlawful, or unauthorized acts by you or anyone accessing your website or admin account under your credentials.

This indemnification obligation survives the termination or expiration of your Website Hosting Services and remains in effect for all claims or liabilities that may arise thereafter.

Nathan Allan Co. may use, integrate, or provide access to third-party services, including but not limited to payment processors, domain registrars, content delivery networks, email providers, security tools, plugins, and other software or systems, in connection with the delivery of our Website Hosting Services.

These third-party services are governed by their own terms of service and privacy policies. By using our services, you agree to comply with the applicable terms of any third-party services you utilize or that are necessary for your website’s functionality.

Nathan Allan Co. does not control, endorse, or assume responsibility for any third-party services and shall not be liable for any issues, failures, or damages arising from them, including but not limited to:

• Service outages, downtime, or performance degradation.
• Data loss, corruption, or interruptions.
• Security vulnerabilities or compatibility issues.
• Billing errors, payment disputes, or transactional issues.

You are solely responsible for reviewing and understanding the terms, conditions, and privacy policies of any third-party services you choose to use. Nathan Allan Co. shall not be liable for any disputes, costs, or losses arising from your reliance on or integration of such services.

We reserve the right to modify, suspend, or discontinue access to any third-party service at any time. While we will make reasonable efforts to provide notice of any significant changes or disruptions, Nathan Allan Co. shall not be liable for any inconvenience, loss, or damages caused by the modification, removal, or unavailability of any third-party service.

By agreeing to these Website Hosting Terms of Service, you acknowledge and agree to be bound by Nathan Allan Co.’s Refund Policy, which is available and detailed on our official Refund Policy page.

In summary, all website hosting subscription fees are non-refundable once the service has been activated, provisioned, or renewed. This includes, but is not limited to, monthly or annual hosting plans, add-on services, and any setup or administrative fees.

Refunds may only be considered in exceptional circumstances expressly outlined in our detailed Refund Policy. You are responsible for reviewing the Refund Policy prior to purchasing or renewing any hosting services.

For full details, please review the complete Refund Policy here.

In the event of any dispute between you and Nathan Allan Co. arising from or related to these Terms of Service, your use of our services, or any other matter (including, but not limited to, disputes regarding interpretation, breach, invalidity, non-performance, or termination), we are committed to resolving the dispute fairly and cooperatively. We encourage you to contact us directly and engage in good-faith discussions to resolve the matter amicably.

If an informal resolution cannot be reached within 30 days of the initial dispute notice, Nathan Allan Co. reserves the right, at our sole discretion, to require that the dispute be resolved through final and binding arbitration. This arbitration will take place in the State of California, specifically in the County of Los Angeles, and will be conducted in accordance with the Rules of Arbitration governed by the American Arbitration Association (AAA).

The parties agree that California law shall govern the arbitration proceedings, without regard to its conflict of laws principles. The arbitration decision shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction.

By agreeing to these Terms, you acknowledge and agree to the following:

• Arbitration as a Last Resort: Arbitration will only be pursued after good-faith informal resolution efforts have been exhausted for at least 30 days.
• Waiver of Trial: You waive your right to a trial by jury or judge, except for claims that may be brought in small claims court.
• Fairness and Efficiency: The arbitration process is designed to be fair, efficient, and cost-effective, with a focus on resolving disputes quickly and effectively.

This dispute resolution clause is intended to foster a cooperative process for resolving disagreements while reducing the burden of litigation.

We will not be held liable for any failure or delay in performance of services due to events beyond our reasonable control, including but not limited to:

• Natural disasters (e.g., floods, earthquakes, fires)
• Acts of government (e.g., regulations, restrictions)
• Technical failures (e.g., internet outages, server failures)
• Terrorism, pandemics, or other unforeseen events
• Strikes or labor disputes

In the event of a Force Majeure event, we will make reasonable efforts to minimize any disruption to services. However, we cannot guarantee uninterrupted service or completion of work during such events. If such circumstances significantly affect the ability to deliver services, we will notify the client as soon as possible and work to find a resolution.

You and Nathan Allan Co. agree that any disputes, claims, or causes of action arising out of or relating to these Terms of Service or your use of our services shall be resolved on an individual basis. By agreeing to these Terms, you waive the right to bring or participate in any lawsuit, arbitration, or other legal action on behalf of any group, class, or other collective entity.

This means:

• No Class Actions: You agree not to initiate, join, or participate in any class action lawsuit, class arbitration, or other group or representative action against Nathan Allan Co.
• No Consolidated Disputes: You agree that disputes involving multiple parties or consolidated claims will not be permitted.

This Class Action Waiver applies to all clients located within the United States and is enforceable to the fullest extent permitted by law. You acknowledge and agree that this waiver is a condition of your use of our services, and that it is an essential part of our agreement.

The section headings in this Agreement are provided solely for convenience and reference purposes. They shall not be used to define, limit, interpret, or describe the scope, intent, or meaning of any section of these Terms. The section headings have no legal or contractual effect and shall not be used in the interpretation or enforcement of the Terms outlined in this Agreement.

If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be considered severable from the rest of the Agreement. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.

By accessing and using the Website Hosting Services provided by Nathan Allan Co., you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. This Agreement constitutes the entire understanding between you and Nathan Allan Co. regarding our Website Hosting Services and supersedes any prior agreements, communications, or understandings, whether written or oral.

If you have any questions or concerns regarding these Terms of Service, please contact us at [email protected]. Thank you for choosing Nathan Allan Co. as your provider of website hosting services.