Hosting Agreement

HOSTING SERVICES AGREEMENT 

Nubius Solutions LLC 

Last Updated: February 11th, 2025

1. INTRODUCTION & ACCEPTANCE OF TERMS

This Hosting Services Agreement ("Agreement") is a legal contract between Nubius Solutions LLC ("Nubius Solutions," "we," "us," or "our") and the Customer ("you," "your") governing your use of our hosting services, including but not limited to dedicated servers, shared hosting, and GPU services powered by Vultr.

By using Nubius Solutions' hosting services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree, do not use our services.

Additionally, the terms and conditions of the Service Order, Acceptable Use Policy, Privacy Policy, GDPR Compliance, Payment Policy, Cancellation Policy, and Service Level Agreement (each an "Ancillary Agreement") apply and are incorporated into this Agreement.

2. SERVICES PROVIDED

2.1 Hosting Services

• Nubius Solutions provides dedicated and shared hosting, including GPU services, through our cloud infrastructure powered by Vultr.
• Customers receive provisioned resources as per their plan, including allocated CPU, RAM, bandwidth, and storage.
• Additional bandwidth overage charges may apply.
• Nubius Solutions does not guarantee uptime, but we aim to maintain high availability.

 2.2 Support Services

• Basic Support includes provisioning assistance, server availability monitoring, and general guidance.
• Managed Services (available for an additional fee) include lifecycle management, automation, deployment assistance, and IT architecture consulting.
• Nubius Solutions does not provide technical support for third-party software unless specifically agreed upon.

3. USE OF SERVICES

• Customers are granted non-exclusive access to our servers for their subscribed services.
• Use of services is subject to the Acceptable Use Policy and all applicable local, state, national, and international laws.
• Customers may not engage in activities that violate data protection laws, including but not limited to the CAN-SPAM Act, COPPA, HIPAA, and the GDPR.
• Customers are responsible for ensuring that any installed applications are licensed, secure, and compliant with applicable laws.
• Unauthorized access to or misuse of Nubius Solutions' network may result in suspension or termination of service.

4. DATA TRANSFER & BANDWIDTH USAGE

• Customers are assigned a bandwidth allocation based on their plan.
• If the allocated bandwidth is exceeded, overage fees may apply.
• Nubius Solutions reserves the right to limit or suspend bandwidth usage in cases of excessive consumption impacting other users.

5. SELF-INSTALLED APPLICATIONS & THIRD-PARTY SOFTWARE

• Customers may install third-party applications on their hosting environments.
• Nubius Solutions does not provide support for customer-installed software unless agreed upon in a managed services plan.
• Customers are responsible for the security, licensing, and compliance of self-installed software.
• Vulnerabilities caused by self-installed applications that affect service stability may result in service suspension.

6. BACKUPS & DATA RETENTION

• Backups are not included by default but can be purchased as an add-on.
• Vultr’s backup service provides a 2-day retention period with full restore capabilities (no individual file restore).
• Nubius Solutions is not responsible for data loss if customers do not have a backup solution in place.
• Personal data will be retained for seven (7) years after termination of any subscribed service, unless a removal request is submitted.

7. SECURITY & COMPLIANCE

• Customers are responsible for securing their environments, including firewall configurations, software updates, and user access controls.
• Nubius Solutions provides encryption for data in transit but does not guarantee data security beyond reasonable measures.
• We comply with GDPR, and customer data is stored in accordance with our Data Retention Policy.

8. SYSTEM MAINTENANCE & SERVICE AVAILABILITY

• Nubius Solutions performs routine maintenance to ensure system stability.
• Scheduled maintenance will be announced in advance, but emergency maintenance may occur without prior notice.
• Nubius Solutions is not responsible for third-party service outages, including those affecting Vultr.

9. PROFESSIONAL SERVICES

• Professional Services such as consulting, IT architecture, security audits, and compliance assistance are separate from hosting services and may be subject to a separate contract.
• These services may have distinct terms, pricing, and billing arrangements beyond the scope of this Hosting Agreement.
• Customers engaging in Professional Services must sign an additional agreement specifying the scope, deliverables, and conditions.

10. PAYMENTS & BILLING

• Pre-Paid Service: All hosting services provided by Nubius Solutions are pre-paid and must be paid in advance of the service period.
• Billing Cycle: Monthly payments (annual options may be introduced later).
• Accepted Payment Methods: Credit Card, PayPal, ACH, Wire Transfer.
• Refund Policy: Case-by-case evaluation. Customers can request a refund by contacting billing@support.nubius.io.
• Late Payments:
  • Accounts are suspended after 7 days of non-payment.
  • Accounts are terminated after 15 days of non-payment.
  • Reactivation of a suspended account may require additional fees.
• Auto-Renewal: Services auto-renew by default; customers must submit cancellations via the customer portal or email billing@support.nubius.io.

11. NOTICES

• All official notices from Nubius Solutions to the customer shall be sent to the email address provided at registration.
• Notices from customers to Nubius Solutions should be sent to billing@support.nubius.io or through the customer portal.
• Customers are responsible for keeping their contact information updated in the customer portal.

12. NEWSLETTER & MARKETING CORRESPONDENCE

• By registering an account, customers agree to receive periodic newsletters and marketing correspondence.
• Customers may opt-out of marketing emails by following the unsubscribe instructions included in each communication.
• Important service-related notifications will still be sent, regardless of marketing preferences.

13. GOVERNING LAW & DISPUTE RESOLUTION

• This Agreement is governed by the laws of Florida, USA.
• Any disputes must be resolved through mediation before legal proceedings.

14. FORCE MAJEURE

• Nubius Solutions is not responsible for service failures due to natural disasters, cyberattacks, government actions, or infrastructure failures beyond our control.

15. CHANGES TO THIS AGREEMENT

• Nubius Solutions reserves the right to modify this Agreement at any time.
• Updates will be communicated via email or website announcements.

16. CONTACT INFORMATION

For inquiries, support, or billing assistance, contact us at:

• Billing & Refunds: billing@support.nubius.io
• General Support: support@support.nubius.io
• Sales Inquiries: sales@support.nubius.io

By using our hosting services, you acknowledge that you have read, understood, and agreed to this Hosting Services Agreement. If you do not agree, you must discontinue use immediately.