Terms of Service

Last updated: January 27, 2025

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Fortinode IT LLC ("Fortinode IT," "we," "us," or "our") website and services. By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

Services Provided

Fortinode IT provides managed IT services to small and medium-sized businesses, including but not limited to:

  • Device deployment and configuration
  • Desktop support and troubleshooting
  • Endpoint management
  • Microsoft 365 license management
  • Identity and access management (IAM)
  • Networking services
  • Data migration services

Specific service details, deliverables, and pricing will be outlined in separate service agreements or statements of work.

Use of Website

Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:

  • Use the website in any way that violates applicable laws or regulations
  • Attempt to gain unauthorized access to our systems or networks
  • Introduce viruses, trojans, worms, or other malicious code
  • Engage in any data mining, scraping, or similar data gathering activities
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the website or servers

Account Security

If you create an account on our website or client portal, you are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized access or use of your account.

Service Agreements

IT services provided by Fortinode IT are governed by separate service agreements. These agreements will specify:

  • Scope of services and deliverables
  • Service level agreements (SLAs)
  • Pricing and payment terms
  • Term and termination provisions
  • Confidentiality obligations
  • Liability and indemnification terms

In the event of any conflict between these Terms and a separate service agreement, the service agreement will prevail.

Intellectual Property Rights

Our Content

All content on our website, including text, graphics, logos, images, and software, is the property of Fortinode IT or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

Your Content

By submitting content to our website (such as through contact forms or comments), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for business purposes.

Client Data

For services provided under a separate agreement, you retain all rights to your data. We will handle your data in accordance with our Privacy Policy and applicable service agreements.

Payment Terms

Payment terms for IT services will be specified in your service agreement. Generally:

  • Invoices are due within 30 days of the invoice date unless otherwise specified
  • Late payments may be subject to interest charges and service suspension
  • We accept payment via check, ACH transfer, or credit card
  • All fees are exclusive of applicable taxes, which are your responsibility

Warranties and Disclaimers

Service Warranty

We will perform services in a professional and workmanlike manner consistent with industry standards. Specific warranties will be outlined in service agreements.

Website Disclaimer

Our website and its content are provided "as is" without warranties of any kind, either express or implied. We do not warrant that:

  • The website will be uninterrupted, secure, or error-free
  • Information provided is accurate, complete, or current
  • Defects will be corrected

Limitation of Liability

To the fullest extent permitted by law, Fortinode IT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to:

  • Your use of or inability to use our website or services
  • Unauthorized access to or alteration of your data
  • Any third-party content or conduct on the website

Our total liability for any claim arising from services provided shall not exceed the amount paid by you for the specific services giving rise to the claim during the twelve (12) months preceding the claim.

Note: Specific liability terms for IT services will be detailed in service agreements.

Indemnification

You agree to indemnify, defend, and hold harmless Fortinode IT, its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your use of our website or services

Confidentiality

We understand the sensitive nature of business information. For services provided under agreement:

  • We will maintain the confidentiality of your proprietary information
  • We will not disclose your information to third parties without consent
  • We will implement reasonable security measures to protect your data
  • Specific confidentiality terms will be outlined in service agreements

Termination

We reserve the right to suspend or terminate your access to our website or services at our discretion, without notice, for conduct that we believe:

  • Violates these Terms
  • Is harmful to us, other users, or third parties
  • Violates applicable laws or regulations

Termination provisions for service agreements will be specified in those agreements.

Third-Party Services

Our services may involve or integrate with third-party software, platforms, or services (such as Microsoft 365). You acknowledge that:

  • Third-party services are subject to their own terms and privacy policies
  • We are not responsible for third-party service performance or availability
  • You may need separate licenses or agreements with third-party providers

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the website or services after changes are posted constitutes acceptance of the modified Terms. Material changes will be communicated via email or website notice.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of our services shall be resolved through:

  1. Negotiation: Parties will first attempt to resolve disputes through good-faith negotiation
  2. Mediation: If negotiation fails, disputes will be submitted to mediation in Indianapolis, Indiana
  3. Arbitration or Litigation: If mediation is unsuccessful, disputes will be resolved through binding arbitration or in the state or federal courts located in Marion County, Indiana

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Fortinode IT regarding your use of our website. These Terms supersede any prior agreements or understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us:

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