Terms of Service

These Terms of Service govern your access to and use of the website at northwattcolo.com and any content, tools, or features made available through it (the "Site"), operated by Northwatt Colocation LLC, a limited liability company organized in the State of New Mexico, United States, ("Northwatt", "we", "us", or "our"). By accessing or using the Site you agree to these Terms and to our Privacy Policy and Acceptable Use Policy, each incorporated by reference. If you do not agree, do not use the Site.

"Content" means all text, graphics, images, logos, the Northwatt name and wordmark, layout, design, data, and other materials made available through the Site. "Services" means the hosting, colocation, power, and related services Northwatt provides to its customers. "Service Agreement" means the separate written agreement, such as the Northwatt Colocation Agreement, under which the Services are provided. "You" means the individual or entity accessing the Site.

The Site is an informational and contact resource only. The Services are provided exclusively under a Service Agreement between Northwatt and the customer. Nothing on the Site is an offer, a binding quote, a service level commitment, or a promise to provide the Services, and descriptions of capabilities, capacity, sites, or figures on the Site are general and may change. In the event of any conflict between the Site and a signed Service Agreement, the Service Agreement controls. Commercial terms, fees, deposits, and service levels are set out solely in the Service Agreement and its addenda, not on the Site.

You must be at least 18 years old and able to form a binding contract to use the Site. You are responsible for the accuracy of any information you submit and for your use of the Site. If we make any gated or authenticated area available, you are responsible for safeguarding your credentials and for activity under them.

Your use of the Site and, where applicable, of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms. The Acceptable Use Policy includes restrictions on unlawful use, security and network abuse, sanctioned parties, and financial crime, consistent with the Service Agreement.

The Site and all Content are owned by or licensed to Northwatt and are protected by intellectual property and other laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your own legitimate informational use. You may not copy, reproduce, republish, frame, scrape, distribute, sell, license, or create derivative works from any part of the Site, or use the Northwatt name or wordmark, without our prior written consent, except as permitted by applicable law. All rights not expressly granted are reserved.

Do not send confidential or sensitive information through the Site that you do not wish to disclose, and do not submit information you are not entitled to share. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you. How we handle personal data is described in our Privacy Policy.

The Site may link to or reference third-party websites, networks, pools, or resources that we do not control. We provide these for convenience only, do not endorse them, and are not responsible for their content, products, availability, or practices. Your use of any third-party resource is at your own risk and subject to its terms.

We may modify, suspend, or discontinue the Site or any part of it at any time, with or without notice, and we do not warrant that the Site will be available, uninterrupted, timely, secure, or error-free. Service availability for paying customers is governed by the service level provisions of the Service Agreement, not by the Site.

THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

We do not warrant that information on the Site is current, complete, or accurate. This section does not affect warranties or rights that cannot be excluded under applicable law.

To the maximum extent permitted by applicable law, Northwatt and its members, managers, officers, employees, affiliates, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or relating to your use of or inability to use the Site, whether based in contract, tort, negligence, strict liability, or any other theory, even if advised of the possibility of such damages. To the extent liability cannot be excluded, our total aggregate liability arising out of or relating to the Site is limited to one hundred US dollars (USD 100). Liability arising from the Services is governed exclusively by the Service Agreement. Nothing in these Terms limits liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for any other liability that cannot be limited or excluded under applicable law.

You agree to defend, indemnify, and hold harmless Northwatt and its members, managers, officers, employees, affiliates, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Site, your submissions, your breach of these Terms or the Acceptable Use Policy, or your violation of applicable law or any third-party right.

We will not be liable for any delay or failure to make the Site available to the extent caused by events beyond our reasonable control, including natural disasters, utility or network failures, acts of government, changes in law, or other events that hinder performance despite reasonable efforts.

These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of New Mexico, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Consistent with the Service Agreement, any dispute, controversy, or claim arising out of or relating to these Terms or the Site shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, with the seat in Albuquerque, New Mexico, and proceedings in English. The Federal Arbitration Act governs this section. All disputes shall be arbitrated on an individual basis only, and class, collective, or consolidated arbitration is not permitted. Either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction to protect its rights pending arbitration. Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. MANDATORY CONSUMER PROTECTION RIGHTS AVAILABLE TO YOU UNDER THE LAW OF YOUR PLACE OF RESIDENCE ARE NOT AFFECTED BY THIS SECTION.

We may update these Terms from time to time. The updated version is indicated by a revised "Last updated" date and takes effect when posted. Your continued use of the Site after changes are posted constitutes acceptance.

These Terms, together with the Privacy Policy and Acceptable Use Policy, are the entire agreement between you and Northwatt regarding the Site. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain in force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent, and we may assign them to an affiliate or successor. Headings are for convenience only, and "including" means including without limitation.

Questions about these Terms may be sent to abuse@northwattcolo.com, or to Northwatt Colocation LLC.