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Terms Of Service

Welcome to our website’s Terms of Service. Before proceeding, please review our terms of service to ensure a smooth user experience.

By utilizing the services of Great Northern Hosting Corporation   you are bound by the terms and conditions outlined in the Great Northern Hosting Corporation  Terms of Service (the "Agreement").

This Agreement clarifies what is permissible while using our services, outlines your rights as a user, explains the actions that are prohibited, and includes other crucial provisions. It is vital that you carefully read this legal contract between you and Great Northern Hosting Corporation  .  Should you have any questions or require clarification, please don't hesitate to reach out to us.

Summary and Quick Links

Eligibility, Registration and Account Security 

In this section, we outline the eligibility requirements for all users of our Services. When you sign up to use our Services (as defined below), it is essential that you meet the necessary criteria to enter into a legally binding contract withGreat Northern Hosting Corporation  .

HIPAA Disclaimer

Great Northern Hosting CorporationServices are not in compliance with the U.S. Health Insurance Portability and Accountability Act ("HIPAA"). This section provides further details on our policy regarding HIPAA.

Subscriber’s Responsibilities

All subscribers must adhere to relevant laws and fulfill specific obligations when utilizingGreat Northern Hosting Corporation  Services. This includes responsibilities such as maintaining data backups, promptly addressing any malware issues, cooperating withGreat Northern Hosting Corporation   and utilizing compatible hardware and software for the Services.

Payment

Great Northern Hosting Corporation provides a diverse range of Services tailored to meet various requirements, available at affordable prices. The fees associated with our services depend on your chosen plan and any additional products you opt for. All payments are collected in advance for the entire duration of your plan.

Term and Automatic Renewal

To ensure uninterrupted service,Great Northern Hosting Corporation  Services will automatically renew on your renewal date. This section explains this process in more detail.

Termination and Non-Payment

Great Northern Hosting Corporation provides hosting plans with a specified duration of your choice (e.g., 1 year, 2 years, etc.). While we hope you'll stay with us, we understand that you may decide to leave at some point. Instructions on canceling or disabling automatic renewal can be found here.

Refund Policy

In this section, we outlineGreat Northern Hosting Corporation  's 30-Day Money-Back Guarantee. If you purchase an account with an “approved” and “stated” guarantee and choose to cancel within the initial thirty (30) days of your term, you are eligible for a full refund of all basic hosting fees paid.

Resource Usage

Customers must utilize server resources efficiently and responsibly. Excessive usage of server CPU and memory resources may disrupt or hinder normal service performance for other customers. Further details on our policy regarding CPU, bandwidth, and disk usage can be found here.

Governing Law,  Arbitration or Mediation

The governing law and jurisdiction provision as set forth in Section 26(a) shall apply to all Subscribers. For Subscribers who purchased or signed up forGreat Northern Hosting Corporation  Services after May 1, 2023, the mediation clause in Section 26(b) shall also apply.

This Agreement constitutes a contractual agreement betweenGreat Northern Hosting Corporation  Inc. ("us," "we," "Great Northern Hosting Corporation" or the "Company") and you ("Subscriber" or "you" and "your"). It outlines the general terms and conditions governing your use of the Services provided byGreat Northern Hosting Corporation   through its website. By utilizing the Services, you acknowledge your acceptance and adherence to this Agreement. Please review this Agreement attentively.

We reserve the right to make changes or modifications to this Agreement at our discretion. Notice of significant changes will be posted on the Great Northern Hosting Corporation   website for a minimum of thirty (30) days. The date of the last revision will be indicated at the bottom of this Agreement. Any changes or modifications will be binding as of the date specified in the notice. If no date is specified, your continued use of the Services after the changes or modifications will signify your acceptance of the modified Agreement. If you do not agree to comply with this Agreement, you are not authorized to access or use the Services, and your sole option is to cancel your account.

Policies.

Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements. Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.
 

  1. Privacy Notice

  2. Acceptable Use Policy 
  1. Domain Name Dispute Policy 
  1. Copyright Claims Policy 
  1. Data Request Policy 
  1. Anti Spam Policy 
  1. Domain Registration Agreement
     

Eligibility; Registration and Account Security.
  

    1. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
       
    2. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
       
    3. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide toGreat Northern Hosting Corporation   to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
       
    4. You acknowledge and accept that despite the security measuresGreat Northern Hosting Corporation  -takes in connection with the Services,Great Northern Hosting Corporation  ’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances,Great Northern Hosting Corporation   may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree thatGreat Northern Hosting Corporation   shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.
       
    5. Dedicated Servers.Great Northern Hosting Corporation   reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets.Great Northern Hosting Corporation   reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
       

HIPAA Disclaimer.  

The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information.Great Northern Hosting Corporation   does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination.Great Northern Hosting Corporation   does not sign “Business Associate Agreements,” and you agree thatGreat Northern Hosting Corporation   is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat. 
 

Prohibited Persons (Countries, Regions, Entities, and Individuals).

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People's Republic, or the Luhansk People's Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Great Northern Hosting Corporation   also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services. 
 

Great Northern Hosting Corporation Content
 
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Great Northern Hosting Corporation Content"), are the property ofGreat Northern Hosting Corporation or its licensors. No Great Northern Hosting Corporation content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Great Northern Hosting Corporation  Content. Any use of the Great Northern Hosting Corporation  Content other than as  specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Great Northern Hosting Corporation  Content granted herein. All rights of Great Northern Hosting Corporation  or its licensors that are not expressly granted in this Agreement are reserved to Great Northern Hosting Corporation  and its licensors.

 Subscriber Content. 

  1. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant toGreat Northern Hosting Corporation   that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party.
     
  1. You acknowledge and agree thatGreat Northern Hosting Corporation   may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action inGreat Northern Hosting Corporation  ’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree thatGreat Northern Hosting Corporation   shall have no liability due to any corrective action thatGreat Northern Hosting Corporation   may take, including without limitation suspension or termination of Services.
     
  1. You hereby grant toGreat Northern Hosting Corporation   to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above,Great Northern Hosting Corporation  is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.

Payment Card Industry Security Standard Disclaimer.

Great Northern Hosting Corporation complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website.Great Northern Hosting Corporation   will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.
 

Compliance with Applicable Law. 

  1. By using our Services, you agree to abide by all relevant laws, rules, and regulations. This includes local rules applicable to your place of residence or the location of your organization, with regards to User Content, User Websites, online activities, email usage, and your overall utilization of our Services. Specifically, you agree to comply with the laws concerning the transmission of technical data to and from the United States or your country of residence.
     
  2. While we operate the Services from our offices in the United States, we may share data with third parties worldwide to support the provision of our Services, as described in our Privacy Notice. However, we cannot guarantee that the Services are suitable or available for use in other locations. Any individuals accessing the Services from other locations do so at their own initiative and assume full responsibility for complying with the relevant laws in those locations. Please note that we do not provide Services in areas where they are prohibited by law.
     
  3. Regarding the European Directive 95/46/EC, the General Data Protection Regulation 2016/679 (GDPR), and applicable national laws in your jurisdiction, and concerning the personal data of your subscribers or customers, you acknowledge and agree that you act as the Controller (as defined in the GDPR), while we act as a Processor (as defined in the GDPR) in relation to the personal data you store through our Services, subject to the terms of this Agreement. You further acknowledge and agree that you are responsible for fulfilling all obligations of a data controller under the applicable law, including the GDPR.
     

If the GDPR applies to you, you represent and warrant that you will clearly describe in writing how you intend to use any personal data collected and that you have a legitimate legal basis for transferring such personal data to us. Moreover, you affirm that you possess the necessary permissions to authorize us to receive and process (e.g., store) such personal data on your behalf. In case you are a Controller subject to the GDPR, the additional data processing terms outlined here will be applicable.


Additional User Responsibilities. 

  1. You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and Privacy Notice for the Subscriber Website.
  1. You will cooperate fully with Great Northern Hosting Corporation   in connection with Great Northern Hosting Corporation  's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for Great Northern Hosting Corporation  's performance of its obligations that depend on your performance.
     
  1. You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Great Northern Hosting Corporation   to provide the Services, which hardware and software may be changed by Great Northern Hosting Corporation   from time to time in its sole discretion.
     
  1. You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off ofGreat Northern Hosting Corporation  ’s servers. This is an affirmative duty.Great Northern Hosting Corporation   is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
  1. You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
     
  2. You will not use the Services in any manner, as determined by Great Northern Hosting Corporation   in its sole discretion, that: 

  3. Engages in or promotes illegal activity;

  4. Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;

  5. Infringes the intellectual property rights or other proprietary rights of any third party; 

  6. Violates the privacy rights or publicity rights of any third party;

  7. Interferes with the operation of the Services; or

  8. Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.

Third Party Websites.

The Services may contain links to other websites that are not owned or controlled byGreat Northern Hosting Corporation  ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
 

Payment. 

  1. Fees Due. You will pay to Great Northern Hosting Corporation   all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein.
     
  1. Pricing .Great Northern Hosting Corporation   may change our prices from time to time .Great Northern Hosting Corporation   may increase the fees for the Services (i) as permitted in the applicable Service description published on the Great Northern Hosting Corporation   website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided byGreat Northern Hosting Corporation   through the Subscriber billing tool or other methods of communications and notices sent or posted byGreat Northern Hosting Corporation  .
     
  1. Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added toGreat Northern Hosting Corporation  's invoices for the fees as separate charges to be paid by you.
     
  1. Add-On Services. If you purchase certain add-on services from Great Northern Hosting Corporation   such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the service.. Great Northern Hosting Corporation   is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
  1. Disputes. You have ninety (90) days to dispute any charge or payment processed by Great Northern Hosting Corporation  . If you have a question concerning a charge you believe is incorrect, please call us at 844-816-2897. If you initiate a chargeback, there may be a minimum charge of $25.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
     
  1. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
  1. Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Great Northern Hosting Corporation  is not responsible for any change in exchange rates between the time of payment and the time of refund.
     

Term and Automatic Renewal. 

  1. Initial Term. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”). 
  1. Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth in sub-section d below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer,Great Northern Hosting Corporation  shall provide notice of the upcoming charge for each renewal to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber's Services without any prior notice. 

    If you do not want the Services to automatically renew, you must opt out of the automatic renewal option at least sixteen (16) calendar days before the end of your then current Term or else your payment method on file will be charged as described above. The procedure to disable automatic renewal can be found in subsection (d) below. If you wish to terminate the Services, please review Section 13.
     

Disabling automatic renewal option. 

  1. Disabling automatic renewal option for basic hosting services. You may disable the automatic renewal option for your hosting account at any time online via the Account tab in your Great Northern Hosting Corporation  cPanel account. Additional instructions can be found here. In the event that the account expires, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to auto renew.
  1. Disabling automatic renewal option for domain names or Domain Privacy. You may disable the automatic renewal option for domain names and Domain Privacy at any time online via the Domain tab in yourGreat Northern Hosting Corporation  cPanel account. Additional instructions can be found here.
     
  1. Disabling automatic renewal option for SSL certificates. You may disable the automatic renewal option for SSL certificates at any time online via the Addons tab in yourGreat Northern Hosting Corporation  cPanel account. Additional instructions can be found here.
  1. For other add-on services listed here, please contactGreat Northern Hosting Corporation   by phone or online chat for assistance.
     

Termination and Non-Payment. 
 

  1. Failure to Pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by Great Northern Hosting Corporation  , including without limitation, any arbitration and legal fees and Great Northern Hosting Corporation  's reasonable attorneys' fees. If any check is returned for insufficient funds, Great Northern Hosting Corporation   may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services.
     
  1. Dedicated servers: If you make a late payment we do not automatically reactivate the dedicated servers. Contact Great Northern Hosting Corporation  ’s billing department to discuss options to reactivate the dedicated server.
     
  2. Termination Procedure. You may terminate the Services you purchased at any time during the Term by giving Great Northern Hosting Corporation   notice by phone at (844) 816-2897 or online chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined inGreat Northern Hosting Corporation  's sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact Great Northern Hosting Corporation   to cancel your account.
     
  1. Termination by Great Northern Hosting Corporation  .Great Northern Hosting Corporation   may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to Great Northern Hosting Corporation  ; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Great Northern Hosting Corporation   or others, cause Great Northern Hosting Corporation   or others to incur liability, or disrupt Great Northern Hosting Corporation  's business operations (as determined by Great Northern Hosting Corporation   in its sole discretion); (iv) you are abusive toward Great Northern Hosting Corporation  's staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, Great Northern Hosting Corporation   will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
  1. Modification of Services. Great Northern Hosting Corporation   reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Data Deletion. 

  1. Shared Hosting Accounts. Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You are solely responsible for maintaining backup copies of all Subscriber Content, Subscriber Websites, and other data. Great Northern Hosting Corporation   is not responsible for the loss of any Subscriber Content. It is essential that Subscribers backup files offline, even if Subscribers purchase or have products, such as Site Backup and Restore.
  1. VPS and Dedicated Accounts. Upon termination of the VPS or Dedicated Hosting services for any reason, access to your cPanel account will be restricted for a period of approximately seven (7) days and you will not be able to log into your cPanel account. If the account has not been renewed after eight (8) days following expiration, the server will be suspended for approximately thirteen (13) days. Dedicated servers that have invoices outstanding for more than twenty-one (21) days may be subject to being reclaimed, which will result in the loss of all data on the server. Great Northern Hosting Corporation   is not responsible for any loss of data resulting from such deletion.
     
  1. Great Northern Hosting Corporation reserves the right to terminate any account that has been in a suspended or deactivated state for thirty (30) days which will result in the loss of all data stored on the account.

Refund Policy. 

  1. 30 Day Money-Back Guarantee. 
  2. If you purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of all hosting fees paid (the "Money-back Guarantee Refund") if you cancel within the first thirty (30) days of the Initial Term (the "Money-back Guarantee Period"). To request a Money-back Guarantee Refund, please contact our billing department by calling 888-401-4678 or by using our online Live Chat. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this Section 14. Money-back Guarantee Refunds only apply to hosting services and certain add-on products or services. The Money-back Guarantee does not apply to Services with a monthly term, domain registration fees, setup fees, or any fees for additional Services.
  1. Great Northern Hosting Corporation-as Reseller or Licensor. 
  1. Third Party Services. Great Northern Hosting Corporation   is a reseller or licensor of certain third party products and services (collectively, "Third Party Services") including without limitation as sold through the Great Northern Hosting Corporation  Marketplace (the "Marketplace"). Your purchase and use of Third Party Services are generally subject to the applicable third party's terms and conditions. A list of certain third parties can be found here. Great Northern Hosting Corporation   is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer's defects of Third Party Services either sold, licensed or provided by Great Northern Hosting Corporation   to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Great Northern Hosting Corporation  's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Great Northern Hosting Corporation   only in connection with your permitted use of the Services unless otherwise expressly provided.
  1. Themes and Plugins. In the event the Third Party Services you purchase include a website theme or plugin, the following additional terms shall apply to your purchase. Third parties can upload, distribute, and sell products such as website themes and plugins through the Marketplace (each referred to as a "Seller"). Your purchase of and/or download of any theme or plugin from the Marketplace does not grant you an ownership or other exclusive interest in such theme or plugin. If you purchase a theme or plugin, you are also subject to the terms of the GNU General Public License, version 2.0 or later ("GPL"). The terms of the GPL can be accessed here.
     
  2. Seller Support. Great Northern Hosting Corporation   is not responsible for any Seller's failure to support any theme or plugin. Seller shall provide basic email-based support of the theme or plugin for the purpose of assisting with basic questions regarding their use, as well as access to any patches, bug fixes or new releases of a product for the purpose of correcting any errors or defects for no additional charge. You are entitled to such support for one (1) year from the date of purchase.

Internet Protocol (IP) Address Ownership.

If Great Northern Hosting Corporation   assigns you an Internet Protocol ("IP") address for your use, you shall have no right to use that IP address except as permitted by Great Northern Hosting Corporation   in its sole discretion in connection with the Services during the Term. Great Northern Hosting Corporation  s shall retain ownership of all IP addresses assigned to you by Great Northern Hosting Corporation and Great Northern Hosting Corporation   reserves the right to change or remove any and all such IP addresses in its sole discretion.
 

Shared Hosting 

  1. Acceptable Use Policy. Hosting space is intended for use in accordance with Great Northern Hosting Corporation  ’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Great Northern Hosting Corporation  -expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy .Great Northern Hosting Corporation  -may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation o fGreat Northern Hosting Corporation   policies. You hereby agree that Great Northern Hosting Corporation   shall have no liability due to any action tha tGreat Northern Hosting Corporation   may take, including without limitation suspension or termination of Services in connection with your violation of this section. 
  1. Unlimited Hosting Space; Excessive Server Resources.Great Northern Hosting Corporation   does not set defined limits on the amount of disk space a Subscriber can use for the Subscriber's Website or charge fees based on the amount of storage used. However, use ofGreat Northern Hosting Corporation   resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of an excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event Subscriber exceeds these amounts,Great Northern Hosting Corporation  may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance.Great Northern Hosting Corporation  reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.

  2. Unlimited File Transfer. Great Northern Hosting Corporation  does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive or on the amount of content a Subscriber can upload to Subscriber Websites in any given month, nor does Great Northern Hosting Corporation  charge additional fees based on the increased use of bandwidth, as long as the Subscriber's use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, Great Northern Hosting Corporation  reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers. 

Virtual Private Servers (VPS) and Dedicated Servers Usage.

  1. Resource Usage. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
  1. Backup. Each Subscriber is solely responsible for backing-up all Subscriber Content, including any Subscriber Websites. Great Northern Hosting Corporation  is not responsible for the loss of any Subscriber Content.
  1. Subscriber Super-user Access. Subscriber acknowledges that Subscriber is solely responsible for any changes made with super-user access and that Great Northern Hosting Corporation  may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. Great Northern Hosting Corporation  's level of support to those Subscribers accessing super-user privileges will be limited as follows:
  1. Reinstallation of corrupted modules, such as control panel files, web server files, etc.;
  1. Reinstallation of the baseline operating system and core file image at Subscriber's request. Subscriber acknowledges and understands that a new image install will cause the irreversible complete loss of all data stored on the server. Great Northern Hosting Corporation  is not liable for any data lost as a result of this action;
  1. Restoration of files from available backups at Subscriber's request. This restoration will be a full restore of the backup files; Great Northern Hosting Corporation  does not offer file-by-file restoration services;
  1. Great Northern Hosting Corporation will not attempt any configuration or setup of DNS, firewalls, web server, etc.; and
  1. Great Northern Hosting Corporation will attempt basic diagnostics upon Subscriber's request. Great Northern Hosting Corporation  does not offer in-depth manual diagnostics as part of the Service. Subscriber may contactGreat Northern Hosting Corporation  Professional Services to inquire about additional support offerings.

Virtual Private Servers (VPS), Dedicated Servers, and Shared Reseller. 

  1. cPanel Accounts. 
  2. Great Northern Hosting Corporation reserves the right to restrict the number of cPanel accounts and/or terminate any excessive cPanel accounts as determined inGreat Northern Hosting Corporation  ’s sole discretion.
  1. Customers who exceed Great Northern Hosting Corporation  ’s limit for cPanel accounts may be charged for additional cPanel accounts.
  1. Marketing Credits.

Some Great Northern Hosting Corporation  hosting plans include free marketing credits offered by third party vendors that can be redeemed by customers located in the United States only. Additional terms and conditions apply: Full terms and conditions for Google Ads can be found here.
 

  1. Parked Domain Services.

By registering for the Services you agree that Great Northern Hosting Corporation  may point your domain name or DNS to one of Great Northern Hosting Corporation  's or Great Northern Hosting Corporation  's affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for Great Northern Hosting Corporation  to display Parked Pages on your web page you can opt out of such practice. You can opt out of Parked Pages by updating the DNS of the domain name to point to another provider or by changing the default.html file stored on your account.
 

  1. Reseller Program. 
  1. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to a Subscriber participating in a Great Northern Hosting Corporation  Reseller Program (“Reseller”), including VPS and Dedicated Hosting customers utilizing their account to provide Reseller services:
  2. shall ensure that each Subscriber signed up by the Reseller complies with the terms and conditions of this Agreement.
  1. Reseller cannot make any modifications to this Agreement. Any such alterations shall be deemed a violation of this Agreement and could result in the cancellation of Reseller's accounts. Great Northern Hosting Corporation  is not responsible for any modifications made to this Agreement by Reseller.
  1. In the event that a Subscriber signed up by a Reseller is determined to be in violation of this Agreement, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with this Agreement. In addition, Great Northern Hosting Corporation   in its sole discretion, reserves the right to take action directly if Reseller fails to do so.
  1. Great Northern Hosting Corporation is not responsible for the acts or omissions of Resellers. The Reseller hereby agrees to indemnify Great Northern Hosting Corporation  from and against any and all claims made by any Subscriber or third party arising from the Reseller's acts or omissions.
  1. Great Northern Hosting Corporation reserves the right to revise its Reseller Program at any time. Changes will take effect when posted online or on any date as set forth in a notice provided by us.
  1. Resellers assume all responsibility for billing and technical support for each of the Subscribers signed up by the Reseller. Great Northern Hosting Corporation  reserves the right to refuse inquiries made to customer support from Subscribers signed up by a Reseller.

Technical Support Services 

Except as described otherwise stated below, Great Northern Hosting Corporation  will provide technical support via chat and phone for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Great Northern Hosting Corporation  ’s Technical Support Services, you grant Great Northern Hosting Corporation  permission to access your account, if necessary, to resolve your issue. You agree that Great Northern Hosting Corporation  and its agents and employees are not liable for any damage resulting from the provision of customer support.

  1. Ineligibility for Technical Support Services.
    Great Northern Hosting Corporation will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside ofGreat Northern Hosting Corporation  ’s control, or (ii) your failure or refusal to implement changes recommended byGreat Northern Hosting Corporation  ; or (c) you are abusive toward our staff in any manner.
  2. VPS and Dedicated Servers.
    Great Northern Hosting Corporationwill provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this server access, Great Northern Hosting Corporation  's ability to provide technical support to the Subscriber may be severely limited. 

Disclaimer.

You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk.  You further acknowledge and agree thatGreat Northern Hosting Corporation  exercises no control over, and accepts no responsibility for, the content of the information passing throughGreat Northern Hosting Corporation  's host computers, network hubs and points of presence or the Internet.

Limited Warranty.

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.”Great Northern Hosting Corporation  AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “Great Northern Hosting CorporationPARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THEGreat Northern Hosting Corporation  PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THEGreat Northern Hosting Corporation  PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BYGreat Northern Hosting Corporation  ORGreat Northern Hosting Corporation  'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY.Great Northern Hosting Corporation  DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING.Great Northern Hosting Corporation  DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE ORGreat Northern Hosting Corporation  IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
 

Limitation of Liability. 

  1. Great Northern Hosting CorporationSHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THEGreat Northern Hosting Corporation  PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IFGreat Northern Hosting Corporation  IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  1. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,Great Northern Hosting Corporation  'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TOGreat Northern Hosting Corporation  FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS,Great Northern Hosting Corporation  'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
     

Indemnification.

You agree to indemnify, defend and hold harmless theGreat Northern Hosting Corporation  Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of theGreat Northern Hosting Corporation  Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions, except to the extent any of the foregoing directly results fromGreat Northern Hosting Corporation  's own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.
 

Governing Law and Arbitration. 

  1. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the State of Utah. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Salt Lake County, Utah. You irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
     

Arbitration or Mediation.

For all Subscribers who signed up for or purchased Services on or after June 1, 2023, the following terms shall also apply: 

  1. Great Northern Hosting Corporationand you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement betweenGreat Northern Hosting Corporation  and you.
  1. A party who intends to seek arbitration or mediation must first send written notice toGreat Northern Hosting Corporation  's Legal Department of its intent to arbitrate ("Notice"). The Notice toGreat Northern Hosting Corporation  should be sent by any of the following means: (i) electronic mail to legal@gnhc.com  or (ii) sending the Notice by U.S. Postal Service certified mail toGreat Northern Hosting Corporation  Inc.,Great Northern Hosting Corporation    1781 Capital Ave, Cheyenne, WY 82001, U.S.A. Attn: Chief Data Protection Officer
  2. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you orGreat Northern Hosting Corporation  may commence an arbitration proceeding.
  1. The arbitration shall be governed by the Consumer Arbitration Rules (the “Arbitration Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, provided, however, that the arbitrator is bound by the terms of this Agreement.
  1. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation,Great Northern Hosting Corporation  will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the Arbitration Rules. In such case, you agree to reimburseGreat Northern Hosting Corporation  for all monies previously disbursed by it that are otherwise your obligation to pay under the Arbitration Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand,Great Northern Hosting Corporation  shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration.
  1. You agree that, by entering into this Agreement, you andGreat Northern Hosting Corporation  are waiving the right to a trial by jury.
     
  1. If you initiate litigation or any other proceeding againstGreat Northern Hosting Corporation  in violation of this section, you agree to payGreat Northern Hosting Corporation  ’s reasonable attorneys’ fees incurred in connection with its enforcement of this section.
     
  1. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
     
  1. ARBITRATION OR MEDIATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NORGreat Northern Hosting Corporation  MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER SUBSCRIBERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
     

Miscellaneous. 
 

  1. Backups. For its own operational efficiencies and purposes,Great Northern Hosting Corporation  from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ONGreat Northern Hosting Corporation  SERVERS, AND under no circumstance willGreat Northern Hosting Corporation  be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on anyGreat Northern Hosting Corporation  server.Great Northern Hosting Corporation  will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason and does not maintain any backups of dedicated accounts.
     
  1. Independent Contractor.Great Northern Hosting Corporation  and Subscriber are independent contractors and nothing contained in this Agreement placesGreat Northern Hosting Corporation  and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
     
  1. Headings. The headings herein are for convenience only and are not part of this Agreement.
     
  1. Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
     
  1. Severability. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
     
  1. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
  1. Assignment; Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent ofGreat Northern Hosting Corporation  . Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever.Great Northern Hosting Corporation  may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
     
  1. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  1. Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products nor services against you as if it were a party to this Agreement.

  2. WordPress Plugins.  If you install or use WordPress plugins operated by Automatic on your hosting account (including, for example, Jetpack), you also acknowledge and agree to (1) the WordPress.com Terms of Service located at (https://en.wordpress.com/tos/) which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic's collection of data as described therein.
     

Creatio Services 

  1. Services. Great Northern Hosting Corporation  ’s Creatro service allows a web professional (the “Web Pro”) to access, manage and take certain actions in connection with Web Pro’s client’s (the “Client”) WordPress account (the “WP Account”) and/or Client’s hosting account (the “Hosting Account”) through a central dashboard provided byGreat Northern Hosting Corporation  (collectively, the “Creatro Services”). Web Pro can only access the Hosting Account, if Client is aGreat Northern Hosting Corporation  Subscriber. The Creatro Services enable Web Pro to request access directly from the Client through the use of a unique link provided byGreat Northern Hosting Corporation  (the “Link”).
     

Account Access Terms.

  1. WP Account. By clicking on the Link and granting Web Pro access to Client’s WP Account, Client agrees to grant full access of Client’s WordPress Admin area to Web Pro. Granting access to the Client’s WP Account allows Web Pro to have Administrator access to the account and to take all actions on the account, including without limitation, make purchases, view and edit content, and manage passwords and log in information. 
  1. Hosting Account. By clicking on the Link and granting Web Pro access to Client’s Hosting Account, Client agrees to grant Web Pro account management access to Client’s Hosting Account. Granting access to Client’s Hosting Account allows Web Pro to take all administrative actions on the account, including without limitation, managing advanced hosting settings e.g. databases, FTP, email accounts, and domain settings, but does not allow Web Pro to access any Client billing information or make purchases on the account.
  1. Revoking Access. Client can revoke Web Pro’s access to either its WP Account, Hosting Account, or both at any time through Client’sGreat Northern Hosting Corporation  account control panel or Client’s WP Account.
     
  2. Web Pro’s Representations and Warranties. By sending Client the Link, Web Pro represents and warrants that Web Pro: (i) has an established business relationship with Client, and (ii) will use the Maestro Services only in connection with such business relationship. 

  3. Disclaimer. Great Northern Hosting Corporation  makes no guarantees or representations regarding the skills or actions of Web Pro and specifically disclaims any liability in connection with Web Pro’s acts or omissions. Client grants Web Pro access to Client’s WP Account and/or Hosting Account in Client’s sole discretion. Web Pros are not contractors, employees, or agents o fGreat Northern Hosting Corporation  . In the event there is a dispute between Web Pro and Client, the parties must resolve the dispute directly. Great Northern Hosting Corporation  is not responsible for resolving any disputes between the parties. 

  4. Termination.  In addition to Great Northern Hosting Corporation  ’s other termination rights contained in this Agreement, Great Northern Hosting Corporation  may terminate Web Pro’s Creatio Services in the event: (i)Great Northern Hosting Corporation  discontinues the Creatio Services; or (ii)Great Northern Hosting Corporation  receives complaints from Web Pro’s Client concerning Web Pro’s use of the Creatio Services.

  5. Indemnification. Web Pro and Client hereby agree to release, indemnify, and hold harmless Great Northern Hosting Corporation  and any of its affiliates, employees, agents, suppliers and licensors from and against any and all claims arising from Web Pro or Client’s use of the Creatio Services.

PRIVACY NOTICE 

Last modified June 1, 2023 to update our Privacy Notice for use byGreat Northern Hosting Corporation  and all subsidiaries, includingGreat Northern Hosting Corporation  .

This Privacy Notice describes howGreat Northern Hosting Corporation  and our subsidiaries (“we,” “us” or “Great Northern Hosting Corporation’”) protects personal information of our customers, job applicants and visitors who use our websites, mobile applications, products or services (collectively, our “users”). This Privacy Notice provides details about how your personal information is collected, disclosed and used by us, as well as an explanation of the data rights you may have in that personal information. To learn more about theGreat Northern Hosting Corporation  corporate family covered by this Privacy Notice, visit: https://gnhmc.com. this Privacy Notice applies to allGreat Northern Hosting Corporation  websites, emails, job application services, platforms, brands, products, services and mobile applications (collectively, the “Services”). This Privacy Notice does not cover how our users may use or disclose data that they collect while using our Services. 

In some areas you have data subject rights afforded by the laws in that jurisdiction, to find out if the rights apply to you and exercise your rights, go to the DSAR portal here

  • Residents of the European Economic Area and Switzerland may find more information about how your personal information is processed here.
  • Residents of the United Kingdom may find more information about how your personal information is processed here. 
  • Residents of California may find more information about your rights available here.
  • Users located in Brazil may find more information about your rights available here.

CATEGORIES OF INFORMATION WE COLLECT ABOUT  YOU

During the course of your use of the Services, we obtain information about you as described below.

INFORMATION YOU VOLUNTARILY PROVIDE TO US

We collect the following information from you when you provide it to us:

  • Information that you provide prior and during any registration process, including in connection with a co-branded offer (such as your name, company name, email address, phone number, billing address or credit card information, geographic location and industry)
  • Information you provide as a job candidate as you complete the job application process (such as your resume or CV, and transcript or certifications).
  • Information you provide when you call us, email us, or contact us in chat for support or otherwise.
  • Information you provide when you use our Services such as through email, phone calls, chats or screen sharing services.
  • Payment information, including credit card data and billing address when you purchase some of our Services. 

INFORMATION WE COLLECT ABOUT YOUR USAGE AND DEVICES 

We collect data relating to your online activity on our websites, including the following:

Your IP address, browser type and version, geographic location and operating system version. Any device or other method of communication you use to interact with our Services including device identifiers.

  • How you got to our Services and any links you click on to leave.
  • Pages you view including your interactions with any videos we offer.
  • When you update your information, communicate with us or order new Services.
  • Metadata about your use of our Services and emails we send to you (including clicks and opens).
  • Metadata about how your customers, contacts and users interact with the Services we provide you.
  • Issues you encounter requiring our support or assistance.
  • We store the data we collect in a variety of places within our infrastructure, including system log files, back-end databases and analytics systems.
     

INFORMATION WE ACQUIRE FROM SOCIAL MEDIA

We collect information (such as your name, social media account name and email address to pre-populate our sign-up form) from third party social networking sites, when you use your social network credentials to log into some of our Service.

You can control the level of privacy settings you have in place at the social networking site. Find out more at the social networking site you use.
 

INFORMATION WE ACQUIRE FROM OTHER SOURCES 

  •  We also collect the following information from other sources:
  •  Information you provide to us at seminars or to our partners.
  •  Information you provide to us in surveys.
  •  Information that is publicly available.
  •  Information you consent to us receiving from third parties.

We may collect and store demographic information (such as your zip code, gender, date of birth, and/or age), and use this data to tailor your experience on our websites, ensure you are at least 18 years of age to make purchases, provide content that we think you might be interested in, perform general improvements to the websites, and display the content according to your preferences. Such demographic information may be provided to partners, market researchers and other third parties on an aggregate and non-personally identifiable basis. No personally identifiable information will be linked to such aggregated demographic information that is provided to third parties.

We also collect information that you may provide during your telephone conversations with us, which we may monitor or record.

We may combine any information we collect about you with other information we have about you to help us update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

HOW WE USE YOUR INFORMATION

We use the information we collect, both on its own and combined with any other information we collect about you, for the following business and commercial purposes:

  •  To provide the requested Services to you.
  • To provide you with useful content.
  • To ensure the proper functioning of our Services.
  • To offer and improve our Services.
  • To provide you with requested information or technical support.
  • To evaluate your qualifications as a job applicant.
  • To facilitate your movement through our websites or your use of our Services.
  • To do a better job of advertising and marketing our Services (subject to your consent where required by applicable law).
  • To advertise and market third party products and services (subject to your consent where required by applicable law)
  • To diagnose problems with our servers or our Services.
  • In connection with our security and compliance programs.
  • To administer our websites.
  • To communicate with you.
  • To create directories (only when you explicitly ask to be included).
  • To bill for Services.
  • To target current or prospective customers with our products or Services through online advertisements served on third-party sites by third-party vendors, such as Google (subject to your consent where required by applicable law).
  • To assist us in offering you a personalized experience or otherwise tailor our Services to you.


As otherwise described in this Privacy Notice.

We also use the information we receive to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products or Services.

Payment information that you provide to us, including credit card data, will only be used to facilitate payment for the Services.

We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.

COMMUNICATING WITH PARTNERS

When we provide your personal information with certain third-party partners, including marketing and advertising partners, that information includes your name, email address and other information enabling partners to:

  • Assist you in using our Services.
  • Contact you with offers, services or products that may be of interest to you.
  • Provide you with their products or services.

Our partners may use cookies, web beacons, pixels, tags, scripts, device recognition and similar technologies in order to provide you advertising based upon your browsing activities and interests. For more information and guidance on how to opt out of cookies click here  to access our Cookie Notice.

If you are located in a jurisdiction where such disclosing requires your permission, we will only do so with your consent. Please note that if you access our Services through a tool that hides your location, such as through a virtual private network, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.

Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent. We will not provide our partners with your credit card information. Further information about certain partners we communicate personal information is available  here.

In the event we collect information from you in connection with an offer that is jointly presented by us and a partner, we will let you know who is collecting the information and whose Privacy Notice applies, as well as any options you may have regarding use of your information.

COMMUNICATING WITH THIRD PARTY SERVICE PROVIDERS AND VENDORS

Occasionally, we enter into contracts with carefully selected third parties to assist us in servicing you (for example, providing you with customer service, fraud detection and deterrence, job recruitment or access to advertising assets and providing us with information technology and storage services) or to assist us in our own marketing and advertising activities (including providing us with analytic information and search engine optimization services). We disclose information to certain third-party service providers listed here. Our contracts with such third parties prohibit them from using any of your personal information for any purpose beyond the purpose for which it was disclosed. 

If you purchase a product or service from a third party through one of our brands, we will pass your personal information to such third party in order for them to fulfill your order. 

By providing your personal information and other confidential information to artificial intelligence (AI) services which include features provided by third parties you are disclosing your personal information to obtain the AI services.

We offer features that allow you to better target who you contact through our Services. These features allow you to optimize your campaigns, segment your lists, and better customize your offerings to your customers. In order to do this, we partner with third parties who can provide you with information about your contacts. If both you and your contacts are located outside of the United Kingdom and the European Union, this may include demographic information and geographic location. We require that these third parties are contractually or legally permitted to receive this information. 

In order to provide you with these features, we may send third parties certain pseudonymous personal data about your contacts. These third parties are prohibited from using this personal data for any purpose beyond that for which it was disclosed.  

We also use non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, customers, potential customers or partners. For example, we disclose mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our Services. 

Our third party service providers and vendors may use cookies, web beacons, pixels, tags, scripts and similar technologies in order to provide you advertising for our services based upon your browsing activities and interests on our websites.  Click here  to access our Cookie Notice for more information and guidance on opting out of cookies.

For Directory Listings. If you provide your information in order to be included in our free directories you are consenting to (1) individuals contacting you to solicit your products and services and (2) businesses contacting you to market services you may find useful. Due to the nature of a directory, your information will be published publicly and you may be contacted by phone or email depending on the information you provide. You will never be added to our directories unless you request to be included and you may remove your listing at any time by accessing your account dashboard, calling + 44 0800 160 310 or emailing us at  uksupport@gnhmc.com

For Promotional Offers and Sweepstakes. When you provide your name for a promotional offer or to enter a sweepstakes or contest, your participation in the contest constitutes the consent for the for the use of your name, likeness, prize, photograph, voice, opinions and/or hometown and state for promotional purposes and to demonstrate the transparency of a competition, in any media, worldwide, without further payment or consideration. We may request the contest winner provide consent to such use in writing. We will file your name with state agencies if required by law. 

COMMUNICATING WITH RESELLERS AND PRIVATE LABEL PARTNERS

In relation to the Resellers ofGreat Northern Hosting Corporation  and its private label partners (collectively referred to as "Resellers"),Great Northern Hosting Corporation  may handle customer Personal Data on behalf of the Reseller. In such situations, the Reseller acts as the data controller, whileGreat Northern Hosting Corporation  acts as the data processor. The specific obligations of each party will be detailed in the Reseller Agreement agreed upon by both parties.

If a third party submits a data subject access request to a Reseller, the Reseller will make a similar request toGreat Northern Hosting Corporation  by using our DSAR portal found here and completing the relevant form. All data collected within this business relationship will be treated in accordance with the guidelines outlined in this Privacy Notice.

CORPORATE REORGANIZATIONS

In the event of a merger, acquisition, sale of all or a significant portion of our assets, or a similar transaction, where we are involved, your information will be transferred as part of that transaction. We will inform you about this transfer via email and/or a prominent notice on our website. Additionally, we will provide you with any choices you may have regarding the handling of your information in such circumstances.

AUTHORIZED USERS

Any users authorized by you to access your account have the ability to view the personal information stored within that account. As the primary account holder, you can view the personal information stored in sub-accounts that you have granted access to. We utilize information about authorized users solely for legitimate purposes in accordance with this Privacy Notice. This includes activities such as managing your account, providing services, and offering relevant products and services through marketing efforts.

LEGAL PROCESS

If legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to courts of law, public authorities (including to meet national security or law enforcement requirements) and other relevant third parties, such as internet service providers, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, to bring legal action, prevent harm to others or pursue other relief when you or a third party are or may be:

  • Violating our terms and conditions of use.
  • Causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties.
  • Violating federal, state, local, or other applicable law. 

To the extent we are legally permitted to do so, we will notify you in the event that we are required to provide your personal information to third parties in connection with a subpoena, as required by law, court order or other government or law enforcement authority or regulatory agency (including ICANN) in order to enforce or apply our Services Agreement or other agreements. For more information on ICANN see the Addendum for users who purchased Domain Registration services here.

SECURITY 

The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through websites or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.

When we collect financial account information, such as credit card numbers, we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol.

TRACKING TECHNOLOGIES AND ONLINE ADVERTISING 

We use cookies, web beacons, pixels, tags, scripts and other similar technologies in the course of our business. Information about the technologies we use, why we use them (for example, in connection with online advertising) and how you can control them can be found in our Cookie Notice found here.

CHOICE/OPT-OUT

MARKETING COMMUNICATIONS FROM US 

We will need to contact you directly or through a third party service provider as necessary to deliver transactional or service related communications regarding products or Services you have signed up or purchased from us. We will also contact you with offers for additional services if you have given us consent to do so or we are allowed based on legitimate interests. You do not need to provide consent to receipt of marketing communications in order to receive our Services.

EMAIL

You always have the opportunity to opt out of our marketing communications or change your preferences by following the link in the footer of all non-transactional email messages from us or by emailing us at privacy@gnhmcs.com.

Some communications from us are considered transactional or service communications (for example, important account notifications and billing information). You agree to receive these transactional and service communications as a condition of the Services that we provide to you. You must cancel your accounts for all Services, if you do not wish to receive any transactional or service communications from us. To cancel your account, please follow the instructions found in the terms of service for the applicable Service. You may still receive marketing communications from us even after you cancel your account unless you also opt out of our marketing communications as described above.

PHONE, TEXT (SMS) MESSAGES AND POSTAL MARKETING

If you have given your consent to send you email, phone or text (SMS) marketing, or if you have provided us with your postal address, we will use the personal data you give to us to contact you from time to time. If you register on our site, you can choose to provide your consent to receive marketing communications by e-mail, phone and/or cell number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your device may be capable of receiving. If you do not want to receive postal or electronic communications, you may withdraw your consent at any time, by clicking the link in a communication, or emailing us using the address provided below. You don’t need to provide consent as a condition to purchase our products or services. If you want to withdraw your consent to receive marketing calls by phone, you may contact customer support at the brand from which you purchased your Services and indicate your preference to us. Contact information for specific brands can be found on the homepage of each brand.

COOKIES

For information about how to manage and opt out from cookies, please visit our  Cookie Notice.


INFORMATION FROM THIRD PARTIES

To manage the information we receive about you from a social networking site or other third party (if applicable), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this Privacy Notice and the information a third party collects is subject to the privacy practices and notice of that third party. Privacy choices you have made on any third party site will not apply to our use of the information we have collected directly through our Services.

 

UNAUTHORIZED ACCOUNTS

If an account or profile was created without your knowledge or authorization, please contact customer support at the brand on which the account or profile is located to request removal of the account or profile.

 

RETENTION OF PERSONAL INFORMATION

We retain your personal information to provide Services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than seven years following the later of (i) the date on which you terminate your use of the Services or (ii) May 25, 2018, unless we are otherwise required by law or regulation to retain your personal information for longer. For example, where you have a contract with us, we will retain your data for the length of the contract, and will further retain that information for a time period consistent with our legal or regulatory responsibilities after the termination or expiration of your Services with us in order to allow us to resolve disputes, enforce our relevant Service Agreement, and to adhere to the technical and legal requirements and constraints related to the security, integrity and operation of the websites. Job candidate information will be retained for as long as there is a business need or as required by law or regulation. If you have any questions about how long we will keep your specific data, please contact service@gnhmc.com

 

YOUR RIGHT TO CONTROL HOW YOUR PERSONAL INFORMATION IS USED

You have the right to make requests regarding your personal information. You can:

  • Ask us to access or provide information on how we use, update, remove, restrict, or correct your personal information.
  • Ask us to identify what personal information of yours has been disclosed.
  • In certain circumstances, receive or (if technically feasible) ask us to provide your personal information to a third party, in a structured, commonly used and machine-readable format, although we will not provide you with certain personal information if to do so would interfere with another’s individual rights or where another exemption applies.
  • Object to marketing at any time by privacy@gnhmc.com
  • Withdraw your consent to process your personal information in circumstances where we are relying on your consent as our basis for processing.

You can view or change the personal information you have provided us by submitting a request through our DSAR portal  here  or logging into your online account manager, if applicable. To exercise any of your rights, please send an email to privacy@gnhmc,com  or visit our  Privacy Center

Please note that some rights only apply in certain circumstances or to certain information and some exceptions may apply. In some areas you have data subject rights afforded by the laws in that jurisdiction, to find out if the rights apply to you and exercise your rights, go to the DSAR portal here.  

  • For more information about how your personal information is processed as a resident of the EEA or Switzerland is available here.
  • For more information about how your personal information is processed as a resident of the UK is available  here
  • For more information about your rights as a resident of California is available here.
  • For more information about your rights as a user located in Brazil is available here.

THIRD PARTY LINKS AND INFORMATION COLLECTION AND USE BY OUR USERS

Some of our Services provide links to other websites. Because we do not control the information policies or practices of these third party sites, you should review their privacy policies to learn about how they collect and use personal information and direct any concerns to the site administrator of that website.

You may also log in to some of our Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you with the option to disclose certain personal information to us, such as your name and email address to pre-populate our sign up form. For example, if you take advantage of certain of our social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs that run on our site, the applicable social networking sites may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable it to function properly.

CHILDREN

Our Services are not directed to persons under 18. We do not knowingly collect personal information from children under 18. If you are a parent or guardian of such a child and become aware that your child has provided personal information to us, please contact us as described in this Privacy Notice and we will take reasonable steps immediately to remove any such information.

NOTIFICATION OF CHANGES

We reserve the right to modify this Privacy Notice at any time, so please review it frequently. If we decide to change this Privacy Notice in any material way, we will notify you here, by email, or by means of a notice on https://Great Northern Hosting Corporation.com or the website of theGreat Northern Hosting Corporation  product or service you use prior to the change becoming effective. In all cases, your continued use of any Services constitutes acceptance to any such changes.

CONTACT  AND COMPLAINTS  INFORMATION 

If you have any questions about this Privacy Notice or our data handling practices, or you wish to make a complaint, you may contact our Data Protection Officer at  privacy@gnhmc.com or by regular mail at:

Great Northern Hosting Corporation

1781 Capital Ave
Cheyenne, WY 82001
U.S.A.
Attn: Chief Data Protection Officer