Legal Notice, Terms of Service, and Privacy Policy
Beluga Host
Effective Date: May 6, 2025
Last Updated: January 20, 2026
1. Acceptance, Scope, and Assumption of Risk
1.1 Binding Agreement.
This Legal Notice, Terms of Service, and Privacy Policy (the “Agreement”) is a legally binding contract between you and Beluga Host, a hosting and technology program administered by the Giving Guitars Foundation (“GGF,” “we,” “us,” or “our”). This Agreement governs all access to and use of any websites, software, hosting services, infrastructure, systems, tools, accounts, networks, applications, or related offerings (collectively, the “Services”).
1.2 Mandatory Acceptance.
By accessing, browsing, registering for, paying for, configuring, uploading to, transmitting through, or otherwise using the Services in any manner, you affirmatively agree to be bound by this Agreement in its entirety. If you do not agree, you must immediately discontinue all access to and use of the Services.
1.3 Assumption of Risk.
You expressly acknowledge and agree that your use of the Services is entirely at your own risk. The Services rely on internet-based systems, shared infrastructure, third-party networks, software dependencies, and user-controlled configurations that inherently carry risks, including but not limited to data loss, corruption, misdelivery, unauthorized access, service interruption, degradation, delay, or total failure.
1.4 No Physical or Personal Injury Liability.
The Services are purely virtual and digital in nature. You expressly waive any claim for bodily injury, personal injury, emotional distress, property damage, or premises liability arising from or relating to the Services, to the fullest extent permitted by law.
1.5 Supersession of Representations and Non-Reliance.
This Agreement supersedes all prior or contemporaneous marketing materials, advertisements, website copy, documentation, emails, messages, verbal statements, or representations. You acknowledge that you have not relied upon any statement or promise not expressly set forth in this Agreement.
1.6 Access by Third Parties; Agency Responsibility.
Any individual who accesses or uses the Services through credentials, links, permissions, invitations, shared access, delegated authority, or administrative privileges provided by you is deemed to be acting on your behalf and subject to this Agreement. You are fully responsible and liable for all acts and omissions of such individuals. Access to the Services by any means constitutes acceptance of this Agreement, regardless of whether the individual has personally reviewed it.
1.7 Authority to Bind an Entity.
If you access or use the Services on behalf of an organization or other legal entity, you represent and warrant that you have authority to bind that entity to this Agreement, and “you” includes that entity. If you do not have such authority, you must not access or use the Services. We have no obligation to verify such authority.
2. Definitions
For purposes of this Agreement:
2.1 “You” or “Your” means any individual or legal entity, including employees, agents, contractors, representatives, or affiliates, accessing or using the Services directly or indirectly.
2.2 “Beluga Host” refers to the operational hosting and technology program administered by GGF and does not constitute a separate legal entity unless formally established as such.
2.3 “Content” means all data, files, text, images, audio, video, software, code, scripts, configurations, domains, email, databases, logs, metadata, and materials made available through the Services.
2.4 “Free Services” means any Services provided without charge, including but not limited to free accounts, websites, trials, credits, or promotional offerings.
2.5 “Sponsored Services” means any Services provided pursuant to a sponsorship, discretionary grant, promotional arrangement, mission-aligned support, or other accommodation determined solely by us, regardless of whether monetary payment, credits, offsets, bundled benefits, non-cash value, or separate consideration is involved.
3. Nature of the Services
3.1 As-Is and As-Available.
All Services are provided strictly “as-is” and “as-available,” with all faults.
3.2 No Guarantees.
We make no warranties or guarantees of any kind, express or implied, including uptime, availability, performance, security, backup retention, data integrity, deliverability, or fitness for any purpose.
3.3 Right to Refuse, Modify, or Terminate.
We reserve the unrestricted right to refuse service, impose limitations, modify features, suspend access, migrate systems, or terminate Services at any time, with or without notice, for any reason or no reason.
3.4 No Mission-Critical Use.
You agree not to rely on the Services for any mission-critical, safety-related, emergency, medical, legal, financial, or compliance-dependent purpose.
4. User Responsibility and Prohibited Conduct
4.1 Sole Responsibility for Content.
You are solely responsible for all Content you host, transmit, configure, or make available through the Services.
4.2 Compliance with Law.
You agree to use the Services only in compliance with all applicable laws, regulations, and third-party rights.
4.3 Unauthorized or Hostile Activity.
You may not, directly or indirectly:
(a) attempt to access administrative, restricted, or internal systems without authorization;
(b) probe, scan, test, or audit system vulnerabilities;
(c) exceed quotas, limits, or usage thresholds by any means;
(d) bypass safeguards, monitoring, rate limits, or controls;
(e) deploy automation, scripts, or configurations that interfere with platform operations, security, or stability;
(f) reverse engineer, decompile, or derive underlying systems;
(g) resell, sub-host, proxy, or provide the Services to third parties without authorization.
Any such conduct constitutes unauthorized and hostile activity and a material breach of this Agreement.
4.4 Credential Sharing and Delegated Access.
You are solely responsible for safeguarding credentials and access links. Sharing credentials or access does not relieve you of responsibility. We assume no duty to verify authorization or identity of any person accessing the Services using credentials issued to you.
5. Presumption of Harm and Enforcement Rights
5.1 Presumption of Harm.
You acknowledge and agree that unauthorized or hostile activity causes immediate and irreparable harm to the Services, infrastructure, users, and operations, the extent of which may be difficult or impossible to precisely quantify.
5.2 Enforcement Authority.
In response to unauthorized or hostile activity, we may take any action deemed appropriate, including suspension, termination, restriction, investigation, mitigation, remediation, and referral to appropriate authorities.
5.3 Legal and Equitable Remedies.
We reserve the right to pursue all available legal and equitable remedies, including damages and injunctive relief.
5.4 Fee Shifting and Cost Recovery.
You agree to reimburse Beluga Host and GGF for all reasonable attorney fees, forensic analysis costs, engineering time, incident response expenses, and enforcement costs incurred as a result of unauthorized or hostile activity, regardless of whether formal litigation is initiated.
5.5 Injunctive Relief.
You consent to injunctive or equitable relief to prevent or stop unauthorized or hostile activity, without the requirement of posting bond.
6. Content Access and Administrative Authority
6.1 Administrative Control.
We may access, inspect, modify, disable, remove, migrate, replace, or delete Content or configurations at any time for operational, security, compliance, branding, maintenance, or platform-integrity purposes.
6.2 No Duty to Monitor.
We have no obligation to monitor Content. Administrative actions do not create liability or duty.
6.3 No Publisher Role.
We do not become the author or publisher of user Content.
7. Public Display, Branding, and Promotional Use
7.1 License to Display.
You grant an irrevocable, perpetual, worldwide, royalty-free license to display, feature, reproduce, archive, cache, index, screenshot, link to, and publicly showcase any Content or website made available through the Services.
7.2 Branding and Attribution.
We may apply branding, attribution, overlays, or visual indicators in any format or placement at our sole discretion.
7.3 No Compensation or Approval Required.
You waive any claim for compensation, approval, or attribution related to such use.
8. Intellectual Property and DMCA
8.1 Our Property.
All Beluga Host and GGF systems, software, branding, documentation, and infrastructure remain our exclusive property.
8.2 User Content.
You retain ownership of Content subject to the licenses and controls granted herein.
8.3 DMCA Compliance.
We comply with the DMCA and respond to valid notices submitted to dmca@belugahost.com.
9. Free Services
9.1 No Rights or Guarantees.
Free Services are provided entirely at our discretion, with no guarantees.
9.2 Exclusive Control.
All Content under Free Services remains under our exclusive control and may be modified or deleted at any time.
9.3 Mandatory Attribution.
Branding and attribution may not be removed.
9.4 No Expectation of Privacy.
Free Services are not private or secure.
9.5 Absolute Waiver.
You expressly waive all claims relating to Free Services.
9A. Sponsored Services
9A.1 No Contractual Rights or Reliance.
Sponsored Services do not create any contractual rights, ownership interest, reliance interest, partnership, joint venture, endorsement, agency, fiduciary relationship, or expectation of continuation, regardless of whether any payment or other value is exchanged.
9A.2 Treated as Free Services.
Sponsored Services are legally equivalent to, and in some respects more restrictive than, Free Services. All disclaimers, waivers, limitations of liability, indemnification obligations, and enforcement rights applicable to Free Services apply fully to Sponsored Services.
9A.3 Sole Discretion and Termination.
We may modify, suspend, downgrade, revoke, or terminate Sponsored Services at any time, with or without notice, for any reason or no reason, including mission alignment, capacity, risk, or operational considerations.
9A.4 No Public Claims or Implications.
Except as expressly authorized under Section 9A.6, you may not represent, imply, or suggest that Sponsored Services constitute an endorsement, approval, partnership, sponsorship by us of your organization, or affiliation beyond limited service access. Any unauthorized promotional use constitutes a material breach of this Agreement.
9A.5 No Reliance.
You acknowledge that you have no reliance interest in the continuation, scope, or availability of Sponsored Services.
9A.6 Authorized Promotional Use.
We may, at our sole discretion, grant limited, written permission for a Sponsored Services recipient to reference Beluga Host in promotional, informational, or attributional materials. Any such permission must be expressly granted in writing by us, may be limited in scope, medium, duration, wording, or placement, and may be revoked at any time without notice. Authorization under this Section does not grant exclusivity, may not be sublicensed unless specifically authorized, and does not survive termination of Sponsored Services.
Absent explicit written authorization, no Sponsored Services recipient may use our name, trademarks, logos, branding, or likeness in any promotional or public-facing manner.
Even where authorized, Sponsored Services recipients may not state or imply endorsement, approval, certification, partnership, agency, or sponsorship beyond the specific language approved by us. All goodwill arising from authorized use inures solely to our benefit.
10. Privacy Policy
10.1 Data Collection and Use.
We collect and use operational, technical, usage, administrative, and billing data necessary to operate and protect the Services.
10.2 Third Parties.
We may use third-party processors subject to their own policies.
10.3 No Absolute Security.
No system is completely secure.
10.4 Access and Deletion Requests.
Requests may be submitted to support@belugahost.com, subject to legal and operational requirements.
11. Refunds and Billing
11.1 Final Sales.
All sales are final unless expressly stated.
11.2 Monthly Plans.
Refunds may be considered within forty-eight (48) hours.
11.3 Annual Plans.
Partial refunds may be considered within thirty (30) days, minus one month’s service.
11.4 Exclusive Remedy.
Refunds are your sole remedy.
12. Limitation of Liability
12.1 Liability Cap.
Our total liability shall not exceed amounts paid in the twelve (12) months preceding the claim.
12.2 Excluded Damages.
We are not liable for indirect, incidental, punitive, special, or consequential damages.
13. Indemnification
You agree to indemnify, defend, and hold harmless Beluga Host and GGF from all claims arising from your use of the Services or your Content.
14. Waiver of Court Proceedings and Arbitration
14.1 Waiver of Court Proceedings.
You irrevocably and unconditionally waive the right to bring or participate in any lawsuit, civil action, claim, or proceeding of any kind, in any court or tribunal, against Beluga Host or the Giving Guitars Foundation, whether for damages, declaratory relief, injunctive relief, or any other remedy, arising out of or relating to the Services or this Agreement.
14.2 Company Injunctive Relief.
Notwithstanding the foregoing waiver, Beluga Host and the Giving Guitars Foundation retain the exclusive right to seek injunctive or equitable relief in any court of competent jurisdiction to prevent or stop unauthorized or hostile activity, protect system integrity, enforce intellectual property rights, or prevent irreparable harm, without waiving arbitration requirements for other disputes.
14.3 Binding Arbitration.
All disputes shall be resolved exclusively by binding arbitration in Williamson County, Tennessee.
14.4 No Class Actions or Jury Trials.
You waive all such rights.
14.5 Attorney Fees.
If you do not prevail, you agree to pay our reasonable attorney fees and costs.
15. Entity Separation and Liability Firewall
15.1 Program Structure.
Beluga Host operates as a program administered by GGF.
15.2 Liability Limitation.
Claims are limited strictly to the operational scope of Beluga Host. You waive attempts to impose liability on GGF beyond what is required by law.
15.3 No Third-Party Beneficiaries.
This Agreement creates no third-party rights.
16. Updates to These Terms
We may modify this Agreement at any time. Updates take effect upon posting. Continued use constitutes acceptance.
17. Severability
If any provision is unenforceable, the remainder remains in effect.
18. Contact Information
Beluga Host Legal
legal@belugahost.com
625 Bakers Bridge Avenue, Suite 105
Franklin, TN 37067
