Platform Terms of Service

NGNM Non-Commercial Web Hosting LLC

Platform Terms of Service

Effective Date: [Insert Date]

This Platform Terms of Service (“Agreement”) is entered into between NGNM Non-Commercial Web Hosting LLC, a New Mexico limited liability company (“NGNM”, “Host”, “Service Provider”), and the individual or organization using NGNM’s services (“Client”).

By accessing or using NGNM’s infrastructure services, Client agrees to the following terms.

1. Nature of Services

NGNM provides server infrastructure, domain custody services, and technical hosting tools for independently operated websites.

NGNM provides infrastructure only.

NGNM does not:

  • Create, select, curate, or approve content

  • Exercise editorial control

  • Manage communities

  • Pre-screen or monitor uploads

  • Act as publisher or co-publisher of Client content

Each Client operates independently and retains full responsibility for all content published through NGNM’s infrastructure.

2. Independent Operator Status

Nothing in this Agreement creates:

  • A partnership

  • A joint venture

  • An agency relationship

  • An employment relationship

  • A fiduciary relationship

Clients are independent operators solely responsible for:

  • Content decisions

  • RSS feed selection

  • Moderation policies

  • Legal compliance

  • Community governance

Infrastructure support does not create editorial control or beneficial ownership.

3. Intermediary Status & Safe Harbor

NGNM qualifies as a “service provider” under 17 U.S.C. §512(k) and intends to avail itself of the safe harbor protections provided under 17 U.S.C. §512.

NGNM has no general obligation to monitor content and does not actively supervise Client publications.

NGNM shall not be treated as the publisher or speaker of content provided by Clients or their users.

4. Copyright & DMCA Policy

NGNM maintains a designated agent registered with the United States Copyright Office pursuant to 17 U.S.C. §512(c)(2).

If you believe that material hosted on NGNM infrastructure infringes copyright, you may submit a notice containing the elements required under 17 U.S.C. §512(c)(3).

Upon receipt of a compliant notice, NGNM will act expeditiously to remove or disable access to the identified material.

Counter-notifications will be processed consistent with 17 U.S.C. §512(g).

NGNM maintains and enforces a repeat infringer policy as required by law. Clients who repeatedly violate copyright law may have services suspended or terminated.

NGNM evaluates legal communications based on statutory sufficiency and binding U.S. jurisdiction.

5. No Direct Financial Benefit from Specific Content

NGNM does not receive a direct financial benefit specifically attributable to infringing content where it has the right and ability to control such activity.

Service fees are fixed infrastructure fees unrelated to the performance, popularity, or monetization of specific Client content.

6. Client Responsibility

Client bears sole and exclusive responsibility for:

  • All hosted content

  • Domain use

  • Application use

  • RSS aggregation choices

  • Cached materials

  • Community activity

  • Legal compliance

NGNM is not liable for:

  • Copyright claims

  • Trademark claims

  • Defamation allegations

  • Regulatory violations

  • User conduct

  • Third-party disputes

Client affirms that hosted content complies with applicable law.

7. No Monitoring Obligation

NGNM does not undertake proactive monitoring of Client content.

Failure to monitor does not constitute approval, endorsement, or participation in publication.

NGNM may act when legally required or when necessary to protect infrastructure stability.

8. Suspension & Infrastructure Protection

NGNM may suspend or terminate services where:

  • Binding legal process requires action

  • Infrastructure is used for unlawful DDoS or mass abuse activity

  • Continued service presents material legal or operational risk

NGNM does not suspend services based solely on informal pressure, ideological disagreement, or non-binding demands.

9. Indemnification

Client agrees to indemnify, defend, and hold harmless NGNM, its members, managers, contractors, and agents from any claims, liabilities, damages, losses, costs, or legal fees arising from:

  • Hosted content

  • Domain use

  • Client conduct

  • Third-party disputes

This obligation survives termination.

10. Limitation of Liability

To the fullest extent permitted by law, NGNM’s total liability shall not exceed the fees paid by the Client during the preceding twelve (12) months.

NGNM shall not be liable for:

  • Indirect damages

  • Consequential damages

  • Lost profits

  • Data loss

  • Business interruption

Even if advised of potential risk.

11. Privacy & Disclosure

NGNM operates under a minimal-data model.

NGNM does not voluntarily disclose Client information absent valid and enforceable U.S. legal process.

Where legally permitted, Clients will be notified of disclosure requests.

NGNM does not publicly confirm hosting relationships.

12. Governing Law

This Agreement is governed by the laws of the State of New Mexico, United States.

Disputes shall be brought in state or federal courts located in New Mexico, to the extent legally permitted.

Nothing in this Agreement waives jurisdictional defenses available to NGNM.

13. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force and effect.

Acceptance

By using NGNM services, Client acknowledges and agrees to these Terms.