Terms of Service

1) TERMS OF SERVICE

NGAI Hosting
Operated by NGAITA, Inc. (California Corporation)
Effective Date: [01/01/2026] | Last Updated: [01/03/2026]

1. Acceptance of Terms

By accessing, purchasing, registering for, or using any services provided by NGAI Hosting (the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Services.

These Terms apply whether you access Services through ngaihosting.com, Company portals, or through an authorized third party participating in our Reseller Program or Business Partner Program, as applicable.

2. Company Identity, Status & Governing Law

NGAI Hosting is operated by NGAITA, Inc., a California corporation (“Company,” “we,” “us,” “our”). These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.

3. Scope of Services

Services may include shared hosting, VPS, cloud, domains/DNS, email, security services, support, onboarding, billing systems, dashboards, portals, APIs, and related tools. Services may be modified or discontinued at any time.

4. Eligibility & Authority

You represent you are at least 18 years old and legally authorized to enter these Terms. If you are acting for a business, you are authorized to bind that business.

5. Acceptable Use Policy

You may use Services only for lawful purposes. Prohibited activity includes (without limitation): malware, ransomware, phishing, spam, illegal content distribution, copyright infringement, unauthorized access attempts, DDoS attacks, and activity that harms or disrupts Company systems.

6. Account Responsibility & Security

You are responsible for all activity under your account, safeguarding credentials, and maintaining secure configurations. You are responsible for your content and for all users you authorize.

7. Content Ownership

NGAITA-NGAI Hosting retain ownership of all content. You grant Company a limited license to host, transmit, back up, and process content solely to provide Services. You warrant NGAITA-NGAI Hosting have rights to the content you host.

8. PROGRAM MODELS (CRITICAL DISTINCTION)

Company operates two distinct models. Your rights and obligations depend on which model applies.

8.1 Reseller Program (Reseller-Owned Customers)

If you are a Reseller, then:

1. Reseller Owns End-Customer Relationship.
   Reseller is responsible for its own customer contracts, pricing, packaging, branding, and customer support obligations to its end customers.
2. Company Provides Infrastructure and Reseller-Facing Support.
   Company provides infrastructure (servers, platforms, provisioning systems) and may provide technical support to the Reseller and/or to reseller-managed environments as defined by the reseller program terms. Company is not automatically a contracting party to the reseller’s end customers.
3. No Authority.
   Reseller may not bind Company, modify Company terms, or represent that Company is responsible for reseller’s end-customer promises, unless explicitly authorized in writing.
4. Separate Reseller Agreement Controls.
   Resellers must sign a separate reseller agreement. In the event of a conflict, the reseller agreement controls for reseller-specific issues.

8.2 Business Partner Program (Company-Owned Customers; Partner Markets Only)

If you participate in the Business Partner Program, then:

1. All Clients Belong to NGAITA / NGAI Hosting.
   All referred or originated customers are customers of Company. Partner has no ownership, property right, or control over any customer account, contract, or customer data.
2. Company Controls All Operations.
   Company controls and performs: pricing, packaging, billing, payment processing, invoicing, renewals, refunds (if any), provisioning, support, fulfillment, and service administration.
3. Partner Role is Marketing Only.
   Partner’s sole role is marketing and lead generation consistent with Company brand rules and lawful advertising requirements.
4. Merchant of Record.
   Company is the merchant of record. Customer billing descriptors and invoices will reference NGAITA/NGAI Hosting.

9. Billing, Payments, Taxes

Fees are billed in advance unless stated otherwise. Failure to pay may result in suspension/termination. Taxes may apply and are handled as required by law. Chargebacks, fraud, or payment abuse may result in termination.

10. Availability, Maintenance, “As Is”

Services are provided “AS IS” and “AS AVAILABLE.” No guarantee of uninterrupted service. Scheduled and emergency maintenance may occur.

11. Backups & Data Responsibility

Backups may be provided as a convenience and are not guaranteed. You are responsible for independent backups and data integrity.

12. Suspension & Termination

Company may suspend/terminate for violations, non-payment, legal compliance, security risk, or operational necessity. Termination does not erase payment obligations.

13. Limitation of Liability

To the maximum extent allowed by law, Company is not liable for indirect, incidental, special, consequential, or punitive damages. Company’s total liability will not exceed the amount paid by you to Company in the prior 12 months.

14. Indemnification

You agree to defend, indemnify, and hold harmless Company from claims arising from your use, your content, your end-customer obligations (if reseller), marketing representations (if partner), or violations of law.

15. Privacy Policy

Use of Services is also governed by our Privacy Policy.

16. Changes

Company may update Terms at any time. Continued use constitutes acceptance.

17. Force Majeure

Company is not liable for delays/failures beyond reasonable control.

18. Severability

If any portion is unenforceable, the remainder remains effective.

19. Assignment

You may not assign without written consent. Company may assign.

20. Entire Agreement

These Terms + Privacy Policy + any signed addenda (Reseller Agreement, Business Partner Agreement, SLA) are the entire agreement.