Terms of Service

Last Updated: 10.01.2025

These Terms of Service ("Terms") govern the use of services provided by Empower Solutions Group, LLC. dba Nugget Networks ("Nugget Networks", "we", "us", or "our"). These Terms apply to all customers, clients, and users ("Client", "you") of our colocation, hosting, managed services, and related offerings. Changes to the Terms shall not be grounds for early contract termination or nonpayment.

1. Acceptance of Terms
Acceptance of these Terms occurs by Client’s use of Nugget Networks services or by execution of a signed service agreement, order form, estimate, or contract referencing these Terms. If Client does not agree to these Terms, Client must not use the services.

2. Changes to Terms
Nugget Networks reserves the right to review, modify, and update these Terms of Service at any time on an as‑needed basis.

Notice of material changes will be provided by electronic mail to the designated point of contact associated with Client’s account. Client is responsible for ensuring that its contact information remains current and accurate.

Unless otherwise expressly stated in the notice, updated Terms shall become effective immediately upon delivery of notice. Client’s continued use of the services after such notice constitutes acceptance of the revised Terms.

If Client does not agree to the modified Terms, Client’s sole remedy is to discontinue use of the services in accordance with any applicable service agreement and termination provisions.

3. Services
Nugget Networks provides colocation, managed hosting, and related infrastructure and technical services as defined in the applicable signed service agreement or estimate. Services are provided only as expressly stated in writing. No services are implied.

4. Customer Responsibilities
Client is solely responsible for all systems, equipment, software, data, and activities associated with Client’s use of Nugget Networks services, except for those services expressly contracted in a signed service agreement.

Unless otherwise agreed to in writing, Client responsibilities include, but are not limited to, the following:

• Installation, configuration, operation, and maintenance of all operating systems, applications, and software.
• Implementation and management of system and network security, including firewalls, access controls, authentication credentials, and encryption.
• Timely installation of operating system, application, and security patches.
• Monitoring system performance, availability, and resource utilization.
• Creation, verification, and maintenance of all data backups.
• Protection against data loss, corruption, or unauthorized access.
• Compliance with all applicable laws, regulations, and industry standards related to Client’s data and operations.
• Accuracy and legality of all content, data, and services hosted or transmitted through Nugget Networks’ infrastructure.

Client is responsible for all actions taken by Client, its employees, contractors, agents, and any third parties granted access to Client systems, whether authorized or unauthorized.

Nugget Networks is not responsible for failures, outages, security incidents, data loss, or service interruptions resulting from Client’s configuration, software, content, failure to maintain backups, or failure to comply with these Terms, except as expressly stated in a signed service agreement.

Any assistance provided by Nugget Networks that falls outside the scope of contracted services may be billed as additional services in accordance with the applicable rate schedule, estimate, or service agreement.

5. Data Backups
Data backup services are not included unless explicitly stated in a signed service agreement. Client is solely responsible for maintaining current backups of all systems, data, and content hosted within the Nugget Networks environment.

6. Billing and Payment Terms
Monthly recurring service fees are billed in advance and are due NET 30 from invoice date. Any additional services are billed and due according to the terms outlined in a signed estimate or service agreement.

Payments not received within five (5) days of the due date will incur a late fee equal to three percent (3%) of the outstanding balance. An additional three percent (3%) late fee will be applied every thirty (30) days thereafter until paid in full.

7. Suspension, Termination, and Collections
Invoices exceeding thirty (30) days past due are subject to service termination. Upon termination:

• An early termination fee equal to the remaining term of the signed contract will be assessed.
• All month‑to‑month services will be immediately suspended.
• Services may be permanently terminated and all hosted systems and data deleted.
• Colocation equipment may be removed from the rack.

All outstanding balances and applicable fees may be turned over to a third‑party collections agency. Client is responsible for all costs of collection, including reasonable attorneys’ fees.

For colocation services, any equipment removed from the rack will be held for thirty (30) days. Client will be notified and must provide prepaid shipping instructions.

After thirty (30) days, equipment will be considered abandoned and disposed of at Nugget Networks’ discretion. Any disposal or handling fees will be billed to Client.

8. Reconnection of Services
If Client requests restoration of services after suspension or termination, all past‑due balances must be paid in full. A reconnection fee of $1,500 or three (3) months of service fees, whichever is greater, will be assessed.

9. Service Level, Maintenance, and Downtime
Nugget Networks makes commercially reasonable efforts to provide reliable and available services; however, service availability and uptime commitments apply only as expressly stated in a signed service agreement.

Service Level Agreements (SLA)
Any uptime or availability guarantees, including a one hundred percent (100%) uptime commitment, apply solely to Clients with an active, fully executed service agreement that expressly includes such Service Level Agreements (“SLA”). SLA terms, remedies, and exclusions are governed exclusively by the applicable service agreement.

All month‑to‑month services are provided on a best‑effort basis and do not include uptime guarantees, service credits, or SLA remedies.

Scheduled Maintenance
Nugget Networks performs routine and preventative maintenance as required to ensure the stability, security, and performance of its infrastructure. Scheduled maintenance is generally communicated in advance when reasonably practicable.

Emergency Maintenance
Emergency maintenance may be required to address security vulnerabilities, system failures, or conditions that pose a risk to network stability, data integrity, or customer services. Emergency maintenance may be performed without prior notice.

Downtime Exclusions
Downtime resulting from scheduled maintenance or emergency maintenance windows is not counted against any SLA uptime calculations and does not qualify for service credits or remedies.

Additionally, Nugget Networks shall not be responsible for downtime or service interruptions caused by factors outside its reasonable control, including but not limited to Client configuration issues, Client equipment failure, third‑party service failures, force majeure events, or actions required to maintain network security and integrity.

10. Privacy
Nugget Networks respects the privacy of its customers and users. Our collection, use, storage, and disclosure of personal and customer information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

The current Privacy Policy is available at:
https://nuggetent.com/privacy.asp

By using Nugget Networks services, Client acknowledges that Client has reviewed and agrees to the terms of the Privacy Policy. Client is responsible for ensuring compliance with all applicable privacy, data protection, and confidentiality laws related to Client’s data, including any personal or regulated information hosted or processed within the Nugget Networks environment.

11. Acceptable Use
Nugget Networks maintains an Acceptable Use Policy ("AUP") that governs the permitted and prohibited uses of its colocation, datacenter, hosting, managed services, and network infrastructure. The AUP is incorporated into these Terms by reference and forms an integral part of Client’s agreement with Nugget Networks.

The current Acceptable Use Policy is available at:
https://nuggetent.com/aup.asp

By using Nugget Networks services, Client acknowledges that Client has reviewed and agrees to comply with the Acceptable Use Policy. Client is responsible for ensuring that all systems, users, content, data, and activities associated with Client’s use of the services—including those of Client’s employees, contractors, agents, and authorized or unauthorized third parties—remain in full compliance with the AUP at all times.

12. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN A SIGNED SERVICE AGREEMENT, ALL SERVICES PROVIDED BY NUGGET NETWORKS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NUGGET NETWORKS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, OR THAT SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR COMPLETELY SECURE.

NUGGET NETWORKS DOES NOT WARRANT OR GUARANTEE THAT ANY SERVICES, SYSTEMS, OR NETWORKS WILL MEET CLIENT’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE FREE OF VULNERABILITIES, OR PREVENT UNAUTHORIZED ACCESS, DATA LOSS, OR SECURITY BREACHES.

CLIENT ACKNOWLEDGES THAT THE OPERATION OF NETWORKED SYSTEMS INVOLVES INHERENT RISKS, INCLUDING HARDWARE FAILURE, SOFTWARE DEFECTS, DATA CORRUPTION, SECURITY INCIDENTS, AND THIRD‑PARTY SERVICE FAILURES. CLIENT ASSUMES ALL SUCH RISKS EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED SERVICE AGREEMENT.

No oral or written information, advice, or recommendations provided by Nugget Networks or its personnel shall create any warranty or expand the scope of services beyond those expressly stated in a signed service agreement.

13. Limitation of Liability
Nugget Networks shall not be liable for indirect, incidental, consequential, or special damages, including loss of data, revenue, or business interruption, even if advised of the possibility of such damages.

14. Indemnification
Client agrees to defend, indemnify, and hold harmless Nugget Enterprises, Inc. dba Nugget Networks, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Client’s use of the services;
• Client’s systems, equipment, software, data, or content hosted or transmitted through the Nugget Networks environment;
• Any violation of these Terms, the Acceptable Use Policy, or applicable law by Client or by any third party accessing services under Client’s account;
• Any infringement or alleged infringement of intellectual property, privacy, or other rights caused by Client content, data, or activities;
• Any security incident, breach, or misuse resulting from Client’s failure to implement appropriate security controls, backups, or safeguards.

This indemnification obligation shall survive suspension or termination of services and applies regardless of whether the claim arises during or after the term of service.

Nugget Networks reserves the right, at its option, to assume the exclusive defense and control of any matter subject to indemnification, in which case Client agrees to cooperate fully with Nugget Networks in asserting available defenses.

15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

16. Notices
All notices, requests, consents, claims, and other communications required or permitted under these Terms ("Notices") shall be in writing.

Notices to Client may be provided by Nugget Networks at its discretion by one or more of the following methods:

• Electronic mail to the email address on file for Client’s account;
• Posting within a customer portal, ticketing system, or billing system;
• Written notice sent by U.S. mail or recognized courier service to the last known billing or service address.

Notices provided by electronic means shall be deemed delivered on the date sent. Notices sent by U.S. mail shall be deemed delivered three (3) business days after mailing.

Client is responsible for maintaining accurate and current contact information, including billing and administrative email addresses. Failure to receive notice due to outdated or incorrect contact information does not relieve Client of its obligations under these Terms.

Notices to Nugget Networks must be sent in writing to:

Empower Solutions Group, LLC
Attn: Legal / Billing Department
7700 Broadway, Suite 104-188
San Antonio, Texas 78209

Routine operational communications, including service updates, maintenance notifications, billing inquiries, and support requests, may be handled through standard support channels and do not constitute formal legal notice unless expressly stated.

17. Access to and Use of Datacenter and Leased IT Colocation Space
Access to Nugget Networks’ datacenter facilities and leased colocation space is strictly controlled and limited to authorized personnel in accordance with these Terms, applicable service agreements, and Nugget Networks’ security policies.

Authorized Access Levels
Datacenter access privileges vary based on the type of service and contractual relationship with Nugget Networks.

Twenty‑Four (24) Hour Unescorted Access.
Only Customers leasing full rack colocation space or enterprise‑level services pursuant to an active, fully executed service agreement are eligible for twenty‑four (24) hours per day, seven (7) days per week unescorted access, subject to compliance with all security, insurance, and administrative requirements set forth herein.

Business Hours Access.
Customers with partial rack colocation services or Customers without a contractual service agreement are granted access during normal business hours only (M-F 9AM-5PM CST).

Business‑hours access must be requested in advance by sending an email from an authorized Customer contact to help@empowerit.us that includes the requested date, time window, and general scope of work to be performed. Nugget Networks support personnel will respond and schedule an onsite resource to facilitate access.

After‑Hours Escorted Access.
Access outside of normal business hours for partial rack Customers and non‑contractual Customers requires a mandatory security escort provided by Nugget Networks. Escorted access will be billed at the smart hands rate of $125/hr with a minimum charge of two (2) hours.

Nugget Networks reserves the right to deny, delay, or revoke access at any time if access requirements are not met or if access would pose a security, safety, or operational risk.

Authorized Persons and Background Checks
All individuals requiring access (“Authorized Persons”) must be identified by Customer in writing. At Nugget Networks’ discretion, Authorized Persons may be required to complete a background check prior to being granted access credentials. Nugget Networks may deny or revoke access for any Authorized Person at its sole discretion.

Insurance Requirements for Unescorted Access
As a condition of unescorted datacenter access, Customer agrees to maintain, at its own expense, the following insurance coverage during the term of service:

(a) Commercial General Liability or Public Liability Insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, including bodily injury and property damage coverage;
(b) Workers’ Compensation and Employer’s Liability Insurance as required by applicable law; and
(c) All‑Risk Property Insurance on a replacement‑cost basis with limits sufficient to cover the full value of Customer’s equipment.

Upon request, Customer shall provide certificates of insurance evidencing the required coverage. The Commercial General Liability or Public Liability policy shall name Empower Solutions Group, LLC dba Nugget Networks as an additional insured or interested party, designate Customer’s insurance as primary and non‑contributory, and include a waiver of subrogation in favor of Nugget Networks.

Customer shall provide Nugget Networks with at least thirty (30) days’ prior written notice of any cancellation, non‑renewal, or material modification of the required insurance policies.

Responsibility for Authorized Persons
Customer is fully responsible and liable for all acts and omissions of its Authorized Persons, employees, contractors, agents, and associates while accessing or using Nugget Networks’ facilities.

Customer shall be responsible for any damage, loss, or harm caused by Customer or its Authorized Persons to Nugget Networks’ facilities, infrastructure, or the property of other customers.

Indemnification Related to Access
Customer agrees to compensate for harm or loss, secure against legal responsibility, defend, indemnify, and hold harmless Nugget Networks, its officers, directors, employees, agents, and affiliates (“Nugget Networks Parties”) from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or related to:

• The acts or omissions of Customer’s Authorized Persons or associates;
• Customer’s access to or use of the datacenter or leased colocation space;
• Any equipment, materials, or services not provided by Nugget Networks.

These obligations survive suspension or termination of services.

Facility Rules and Compliance
Customer and its Authorized Persons must comply with all datacenter rules, safety requirements, access controls, and security procedures. Failure to comply may result in immediate suspension or revocation of access, service suspension, or termination.

18. Contact Information
Questions regarding these Terms should be directed to Nugget Networks at:

Empower Solutions Group, LLC
Attn: Legal / Billing Department
7700 Broadway, Suite 104-188
San Antonio, Texas 78209
billing@empowerit.us
Phone: 210.662.0102