Introduction

Welcome to www.nytrohost.com. This website is owned and operated by NYTRO HOST. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in the Privacy Policy, Cookie Policy, Acceptable Use Policy (AUP), as well as various product-specific and service-specific policies, including (but not limited to) Domain Registration Agreements.

This agreement is in effect as of July 16th 2020.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct:

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
8. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
9. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

Iii. Contains any type of unauthorized or unsolicited advertising;

Iiii. Impersonates any person or entity, including any NYTRO HOST employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of NYTRO HOST, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.
2. You agree to indemnify and hold harmless NYTRO HOST and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy:

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties:

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

1. i) the use of our Resources will meet your needs or requirements.
2. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

1. iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

1. v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
2. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from NYTRO HOST or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability:

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. NYTRO HOST will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks:

All content and materials available on NYTRO HOST, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of NYTRO HOST, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by NYTRO HOST.

Termination of Use:

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law:

This website is controlled by NYTRO HOST from our offices located in the state of Texas, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Texas, by accessing our website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Texas, United States You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee:

UNLESS OTHERWISE EXPRESSED, NYTRO HOST EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification Policy:

You agree to use all NYTRO HOST services and facilities at your own risk. NYTRO HOST specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall NYTRO HOST be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold NYTRO HOST harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against NYTRO HOST, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless NYTRO HOST against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with NYTRO HOST’s server.

NYTRO HOST reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from NYTRO HOST’s server. NYTRO HOST shall be the sole judge of what violates this Policy.

Payment Policy:

By using our services you agree to the following payment policy and instructions. Refunds: We do not offer a money-back guarantee for our services, unless the money-back guarantee is explicitly described in the product description on this website, under which the terms expressed within the description will become effective on the specific product mentioned. All other products are exempt from such specific guarantees. All subsequent payments made to NYTRO HOST are absolutely non-refundable. If you dispute a charge to your credit card issuer/PayPal or take any action that results in a payment being reversed that, in our sole discretion is a valid charge under the provisions of the TOS, you agree to pay us an “Administrative Fee” of $100. Payment/Subscription: Establishment of this service is dependent upon receipt by NYTRO HOST. of payment of stated charges.

We require that all Clients to Subscribe to PayPal Billing Agreement. Your PayPal Billing Agreement must remain active at all times for your account to remain activated. If a PayPal Billing Agreement becomes inactive and/or is cancelled, we will suspend the account and issue a warning to the Subscriber to their email address on file. If the PayPal Billing Agreement is not rectified within 7-days of the warning we will delete the account from the server.

If it is a reseller account we will also delete any domains “under” the primary account. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. We may allow some users to purchase our services with a one-time payment or subscription that is not automatically recurring. Any such allowance does not forfeit our right to require any such user to activate a recurring subscription at any time.

Cancellation:

All cancellations must be made by the subscriber by canceling their recurring subscription. We will not comply with verbal or written requests to cancel accounts. It must be done by canceling the subscription with the payment processor and in the Client Area on NYTRO HOST’s website. Upon notification that a subscription has been cancelled we will delete the Subscriber’s account from the server. We will not wait until the end of any advertised or perceived billing cycle (Unless noted during Cancellation and we will not refund any unused portions of any subscription payment. We require that a recurring subscription be active at all times and will therefore delete the account upon termination of the subscription.

Late Payments:

All accounts are billed according to the dates they were first activated on. If an invoice remains unpaid beyond its due date, the account will be suspended. If the invoice remains unpaid beyond 5 days from the original due date, the account will be terminated, unless prior arrangements were made with our billing department.

Acceptable Use Policy:

All services provided by NYTRO HOST may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. Please review the Acceptable Use Policy in its entirety.

Banned Scripts:

• ANY Scripts/software causing high server loads (shared server/hypervisors) or otherwise negatively impacting server performance of other users.
• ANY Software/scripts which are used for unlawful hacking, spamming, or other criminal activity are strictly prohibited.

DISCLAIMER:

NYTRO HOST cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by NYTRO HOST are resold. Thus, certain equipment, routing, software, and programming used by NYTRO HOST are not directly owned or written by NYTRO HOST. Moreover, NYTRO HOST holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as NYTRO HOST sees fit. FURTHERMORE, NYTRO HOST retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Contact Information:

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

NYTRO HOST
Staten Island NY, 10311
UNITED STATES