"Acceptable Use Policy" or "AUP" means the nickgreene.com Acceptable Use Policy posted at http://www.nickgreene.com/legal/aup as of the date Client signs the SOW.
"Business Day" or "Business Hours" means 9:00 a.m. - 5:00 p.m. Monday through Friday, United States eastern time, excluding federal public holidays in the United States.
"Confidential Information" means all information disclosed by either Party to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including: (i) for Client, all information transmitted to or from, or stored on, nickgreene.com servers or other devices, (ii) for nickgreene.com, unpublished prices and other terms of service, audit and security reports, data center designs (including non-graphic information Client may observe of a data center), and other proprietary technology, and (iii) for both Party, information that is marked or otherwise conspicuously designated as confidential. Information that is developed by either Party on our own, without reference to the other's Confidential Information, or that becomes available to either Party other than through violation of the Agreement or applicable law, shall not be "Confidential Information" of the other party.
"Hosting Services" means the information technology used to host the content, website, otherwise, digital content. services described in the SOW or any agreements used by nickgreene.com.
"Personally Identifiable Information" means: (i) any information that identifies an individual, such as name, social security number or other government issued number, date of birth, address, telephone number, biometric data, mother's maiden name, or other personally identifiable information; (ii) any "non-public personal information" as that term is defined in the Gramm-Leach-Bliley Act found at 15 USC Subchapter 1, Section 6809(4), and (iii) "protected health information" as defined in the Health Insurance Portability and Accountability Act found at 45 CFR Section 160.103.
"Service" or "Services" means the design services, programming services, coding services, cascade style sheeting services, flash design or programming, marketing services, hosting services, logo design, print design services, and any additional or amended Services nickgreene.com may provide to Client, collectively.
565 Harper Ave SW, Suite A
Lenoir, NC 28645
nickgreene.com's routine communications regarding the Services and legal notices will be sent to the individual(s) designate by the Client as his or her contact(s) on his or her account either by electronic mail, United States mail, or overnight courier, except that nickgreene.com may give notice of an amendment to the AUP by emialing the notice to email@example.com. Notices are deemed received as of the time delivered, or if that time does not fall within a Business Day, as of the beginning of the first Business Day following the time delivered, except that notices of AUP amendments are deemed delivered as of the first time that you send the notice via email after the time that the notice is received. For purposes of counting days for notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be given in the English language.
A SOW may be amended by a formal written agreement signed by both Parties, or by an exchange of correspondence,
including electronic mail, that includes the express consent of an authorized individual for each Party. Any
such correspondence that adds or modifies services in connection with a configuration established by a SOW shall
be deemed to be an amendment to that SOW, notwithstanding the fact that the correspondence does not expressly
refer to the SOW.
If there is a conflict between the terms of any of the documents that comprise the Agreement, all legal documents will govern, including any addendum to any agreement. If any part of the Agreement is found unenforceable by a court, the rest of the Agreement will nonetheless continue in effect. Each Party may enforce each of our respective rights under the Agreement even if we have waived the right or failed to enforce the same or other rights in the past. Our relationship is that of independent contractors and not business partners. Neither of us is the agent for the other, and neither of us has the right to bind the other on any agreement with a third party. The captions in the Agreement are for convenience only and are not part of the Agreement. The use of the word "including" in the Agreement shall be read to mean "including without limitation." Sections 8, 14, 15, 16, 17, 18, and 28, and all other provisions that by their nature are intended to survive expiration or termination of the Agreement shall survive expiration or termination of the Agreement.
If Client has made any change to the Agreement documents that he or she did not bring to our attention in a way that is reasonably calculated to put us on notice of the change, the change shall not become part of the Agreement.
The Agreement may be signed in multiple counterparts, which taken together will be considered one original. Facsimile signatures, signatures on an electronic image (such as .pdf or .jpg format), and electronic signatures shall be deemed to be original signatures.
The Agreement is the complete and exclusive agreement between Client and nickgreene.com regarding its subject matter and supersedes and replaces any prior agreement, understanding or communication, written or oral.