1. Acceptance of Terms
By accessing or using the Services, you agree to comply with and be legally bound by these Terms, including the Acceptable Use Policy and any additional agreements referenced herein. If you do not agree to these Terms, you may not use the Services.
2. Changes to Terms
We reserve the right to change or modify these Terms at any time. Changes become effective when posted on our website or otherwise communicated to you. Your continued use of the Services after such changes constitutes your acceptance.
2. Changes to TermsWe reserve the right to change or modify these Terms at any time. Changes become effective when posted on our website or otherwise communicated to you. Your continued use of the Services after such changes constitutes your acceptance.
4. Account Registration and Security
When creating an account, you must provide accurate, current, and complete information. You are responsible for all activity that occurs under your account and agree to maintain the confidentiality of your login credentials.
5. License and Intellectual Property
Nucleus grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. All intellectual property rights in the Services, including software, designs, trademarks, and content, remain with Nucleus or its licensors.
6. Payment and Billing
You agree to pay all fees and charges associated with your use of the Services as detailed in your service agreement. All payments are due according to the agreed-upon billing cycle. Late payments may incur interest and/or result in suspension or termination of Services.
7. Service Availability and Support
We strive to maintain reliable uptime and performance, but we do not guarantee that the Services will be uninterrupted or error-free. Scheduled maintenance and upgrades may result in temporary service outages.
8. Data Privacy
Use of our Services is subject to our Privacy Policy. By using our Services, you consent to the collection, use, and sharing of information as described therein.
9. Acceptable Use
Your use of the Services must comply with our Acceptable Use Policy, which is incorporated herein by reference. Violations may result in suspension or termination.
10. Third-Party Services
We may integrate or link to third-party services. We do not endorse or assume responsibility for third-party content or services. Your interactions with third parties are solely between you and them.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NUCLEUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE.' NUCLEUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Indemnification
You agree to indemnify, defend, and hold harmless Nucleus, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of the Services or your violation of these Terms.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law provisions.
15. Binding Arbitration and Dispute Resolution
You and Nucleus agree to resolve any disputes, claims, or controversies arising out of or relating to these Terms or the use of the Services exclusively through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
a. Arbitration Procedure: Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Fort Worth, TX, unless otherwise agreed.
b. Class Action Waiver: You and Nucleus agree that any arbitration shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
c. Governing Law of Arbitration: This arbitration agreement shall be governed by the Federal Arbitration Act.
d. Exceptions: You or Nucleus may bring an action in a court of competent jurisdiction for injunctive or equitable relief to protect intellectual property or confidential information.
16. Severability
If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect.
17. Entire AgreementThese Terms, together with any applicable service agreement, privacy policy, and acceptable use policy, constitute the entire agreement between you and Nucleus and supersede all prior agreements.
Acceptable Use Policy (AUP)
This Acceptable Use Policy ("AUP") describes activities prohibited when using Nucleus Networks, LLC’s services to protect our users, systems, and business integrity.
1. Prohibited Uses
-Violate any law, regulation, or third-party rightsCommit fraud, defamation, harassment, or distribute hate speech
-Distribute viruses, worms, or other harmful software
-Access or attempt to access systems or data without authorization
-Engage in DoS/DDoS attacks or interfere with service performance
-Send spam, phishing emails, or deceptive communications
-Host or share illegal or abusive content, including child exploitation material
2. Network Integrity
-Interfere with other users' access to the Services
-Overuse resources in a way that disrupts the network
-Run open proxies or other services that may be abused
3. Security and Access
-Implement appropriate security measures (e.g., firewalls, password protection)Report vulnerabilities or incidents promptly to Nucleus
-Not attempt to bypass authentication or authorization systems
4. Monitoring and Enforcement
-Issuing warnings
-Restricting or terminating services
-Reporting illegal activities to authorities
5. Reporting Abuse
- Violations of this policy should be reported to: abuse@nucleus.net
