These Terms of Service ("Terms") are a binding contract between you (or the entity you represent) ("you" or "Customer") and NexSites ("NexSites," "we," "us," or "our"). By clicking "I agree," creating an account, submitting payment, or using the Services, you agree to these Terms and represent that you have the authority to bind any entity on whose behalf you act. Electronic acceptance constitutes a signed agreement under the U.S. E-SIGN Act and analogous state laws.
You must be at least 18 years old and legally able to enter into contracts in your jurisdiction. Services are offered from the United States; you are responsible for compliance with all local laws applicable to your use of them, including U.S. export controls and economic sanctions (OFAC). You represent you are not located in, organized under the laws of, or ordinarily resident in a country subject to comprehensive U.S. sanctions.
NexSites provides website design, hosting, domain registration, and related services ("Services") to individuals and businesses. Plans, features, and pricing are described at nexsites.org and may change with reasonable notice. We may modify, suspend, or discontinue any feature, provided that material reductions to a paid plan will be accompanied by a pro-rata refund of unused prepaid fees.
Beta & Experimental Features. Features labeled "beta," "preview," "experimental," or similar are provided as is without any warranty or service level, may be changed or withdrawn at any time, and are excluded from any SLA commitment (written or implied).
Uptime. We target high availability but do not provide a service level agreement or uptime guarantee unless you have a separately signed SLA. Scheduled maintenance, upstream outages, and force-majeure events are excluded from any availability calculation.
You must provide accurate information when registering and keep your password secure. You are responsible for all activity under your account, including activity by users you authorize. You will not share credentials, bypass authentication, or attempt to access accounts you do not own. Notify us at [email protected] immediately if you suspect unauthorized access. We may reasonably require identity verification for account-recovery requests.
Domains registered through NexSites are subject to ICANN rules and the terms of the upstream registrar (currently Namesilo or Porkbun). You are the registrant of record and retain ownership of your domain. You must respond to ICANN-mandated email verifications within the required window (typically 15 days) or the domain may be suspended by the registry, which is outside our control. On written request, we will assist with transfers out to another registrar after applicable ICANN holding periods (typically 60 days from registration or last transfer).
You will not use NexSites to:
We may suspend or terminate Services for violations, with notice when practical and without notice when necessary to protect the platform, other customers, or third parties.
You retain ownership of all content you upload or provide ("Customer Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, cache, transmit, reproduce, and display Customer Content solely to deliver the Services. You represent that you have all rights necessary to grant this license.
Site designs, templates, code, copy, and visual assets we produce on your behalf as part of a paid plan transfer to you upon full payment, except for: (a) our pre-existing tools, frameworks, libraries, and internal systems (which remain ours and are licensed to you only for use with the Services); and (b) third-party licensed components (governed by their original licenses). Our name, logo, and brand marks remain our property.
Feedback. If you send us suggestions or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
The Services integrate with third-party providers (payment, DNS, email, analytics, domain registries). Your use of those providers is subject to their own terms. We are not responsible for third-party services, outages, or changes to their terms, but we will make reasonable efforts to maintain continuity and give notice of material changes.
We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). Send takedown notices to our Designated Agent at [email protected] (subject line: "DMCA Notice"). Notices must include all statutory elements: identification of the copyrighted work, the allegedly infringing material and its URL, your contact info, a statement of good-faith belief, a statement under penalty of perjury that you are authorized to act, and your physical or electronic signature. Repeat infringers will have their accounts terminated. Counter-notices follow the procedure in § 512(g).
You may cancel at any time through your client portal. We may terminate or suspend your account for non-payment, breach of these Terms, risk to the platform, or legal requirement. On termination, we retain your data for 30 days (absent a legal hold) so you can export or request a transfer, then delete it. Sections that by their nature should survive (including Sections 5 final balances, 8 license to use submitted Content post-termination for the 30-day window, 9, 13, 14, 15, and 16) survive termination.
Disclaimers. The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. Some jurisdictions do not allow the exclusion of implied warranties; in such jurisdictions the foregoing exclusions apply to the maximum extent permitted by law.
Limitation of liability. To the maximum extent permitted by law, NexSites' aggregate liability for any and all claims arising from or related to these Terms or the Services is limited to the greater of $100 or the amount you paid us in the 12 months immediately preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages (including lost profits, lost revenue, lost data, business interruption, or cost of substitute services), even if advised of their possibility. The limitations in this Section apply to the fullest extent permitted by law regardless of the theory of liability (contract, tort, strict liability, or otherwise) and survive any failure of essential purpose of any limited remedy.
Indemnification. You will indemnify, defend, and hold harmless NexSites and its personnel from any third-party claim arising from: (i) Customer Content, (ii) your use of the Services, (iii) your breach of these Terms, or (iv) your violation of law or third-party rights. We will promptly notify you of the claim and cooperate reasonably, at your expense.
Informal resolution first. Before filing any claim, you agree to attempt good-faith resolution by emailing [email protected] with a written description and waiting at least 60 days for us to respond.
Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, which cannot be resolved informally, will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for consumers) or Commercial Arbitration Rules (for businesses). The arbitration will be seated in Dallas County, Texas, conducted in English, and the arbitrator's award will be final and enforceable in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Class-action waiver. You and NexSites agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If a court determines this class waiver is unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in court; the rest remains in arbitration.
Exceptions. Either party may bring (i) claims in small-claims court if they qualify, and (ii) actions in court solely to seek injunctive or equitable relief to protect intellectual property or prevent unauthorized access. Arbitration does not apply where prohibited by law.
Opt-out. You may opt out of this Section 14 by emailing [email protected] with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out does not affect other provisions.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 14, exclusive venue for any permitted court action lies in the state or federal courts located in Dallas County, Texas, and each party consents to personal jurisdiction there.
Questions about these Terms: [email protected].