Terms and Conditions

The Service that is subject to the following agreement is provided by Nerdy Hosting.

As a Customer of our Services, you need to be aware that, when signing up for an account with Nerdy Hosting, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP).

As a Customer of our Services, you understand and agree also that it is beyond the power of Nerdy Hosting to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.

ENTIRE AGREEMENT; SERVICE AGREEMENT

These Web Hosting Terms of Service, together with our Acceptable Use Policy and the Domain Name Registration Agreement, constitute the whole act of convention between You – the Customer, and Nerdy Hosting. Nerdy Hosting shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You – the Customer, and Nerdy Hosting. It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services.

In the event that a court of competent jurisdiction declares any of the Agreement’s provisions invalid, unenforceable, or void, the remaining provisions will entirely preserve their validity. Customer’s side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement.

This agreement shall be interpreted in consistence with the laws of the State of California, US, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.

NERDY HOSTING SERVICES

A web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs offer also periodic backup and archiving.

Nerdy Hosting offers only web hosting services, not data storage services. Nerdy Hosting services consist of the following:

  • Website Hosting
  • Domain Names
  • SSL Certificates
  • Dedicated IP Addresses
  • Remote Backup Automation
    • Disk Space – Each hosting plan includes a predetermined amount of disk space in Megabytes. Additional disk space is available as an upgrade option. Payment is accepted only in advance per year. Contact Nerdy Hosting for more information.
    • Traffic – Each hosting plan includes prepaid monthly traffic in Megabytes. This traffic quota is shared between all sites hosted in a single account. In case that a hosting account exceeds its allowed traffic quota, it will be suspended until the beginning of next month when the quota will refresh automatically. Additional traffic is available as upgrade. Contact sales for more information.
    • Hosted Domains – Nerdy Hosting hosting plans include domain hosting. Each hosting plan allows a particular number of domains that can be hosted.
    • Domain Registration/Transfer – Domain registrations are final and are not subject to refund. More information regarding domain names can be found further in this TOS (Terms of Service), in our Domain Name Registration Timescale.
    • E-mail accounts – A different number of e-mail accounts are available for setup with each web hosting plan.
    • MySQL/PostgreSQL Database(s) – MySQL databases are included in all web hosting plans. Additional databases are available as upgrade. PostgreSQL databases can be either included or optional. Contact sales for more information.
    • Database Storage – Each hosting account has a limit of database storage. This storage is shared between all the databases in a single hosting account. Additional database storage is available. Contact sales for pricing.
    • IP Address – Nerdy Hosting accounts do not include dedicated IP addresses. For many customers a dedicated IP address is important for starting SSL hosts, that’s why we allow the purchasing of IP addresses. Payment is accepted only in advance per year. Contact sales for more information.

TERMS OF SERVICE

The following terms and conditions (these “Terms”) govern the provision of the services and/or products (referred to collectively herein as “Services and Products”) by Nerdy Hosting (“Company”), described on the Server Order Form, the Service Level Agreement and the Service Exhibit attached hereto (collectively referred to as the “Service Descriptions”) and defined in any Company product support listing, to the customer (“Customer”) identified in the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.”
By submitting the online order form, the Customer hereby agrees to the following:

    • The Customer agrees to pay for hosting services rendered in advance of each purchased service term.
    • The Customer agrees to be bound by the service terms selected on the online order form or via applicable promotional codes.
    • The Customer agrees to a no-refund policy in advance. Setup fees and other service fees are non-refundable.
    • Charges will be incurred immediately at signup.
    • Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be settled within 5 days of notice. Customers failing to secure payment within 5 days of notice will incur service interruption and a $50 reconnection fee. Accounts that are 45 days delinquent will be deleted from the server.
    • The Company is not responsible for data integrity on equipment reclaimed for non-payment.
    • The Customer agrees to adhere to the Company’s Acceptable Use Policy.
    • The Customer agrees to adhere to the Company’s Data Center Rules and Procedures.
    • The Customer agrees to provide a VALID email address when signing up for hosting services, as this is a primary communication vehicle.
    • The Company reserves the right to discontinue service provision to any subscriber it deems, at its sole discretion, violates any condition of service including the Acceptable Use Policy, the Data Center Rules and Procedures, and the Terms of Services.

SERVICE EXPIRATION AND RENEWAL

HOSTING SERVICE
SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
Nerdy Hosting provides services to clients on a global scale whose distribution through the Internet makes them equally accessible to everyone everywhere in the world.
The services for existing customers, including upgrade services and renewals, are activated immediately after Nerdy Hosting receives the corresponding payment.
E-mail notifications regarding each account’s expiration are dispatched twice – 14 days and 7 days prior to the expiration date of the account. In order to receive the notifications, the Customer must provide a valid e-mail address. Nerdy Hosting ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient’s e-mail address.

Domain Name Registration Timescale.
Nerdy Hosting offers registration of the following TLDs (Top Level Domains), purchased together with a hosting account or ordered separately as an upgrade from the Nerdy Hosting. The table below displays registration periods, as well as the regular annual prices:

.com = 1 years @ $12.00 USD per year
.net = 1 years @ $12.00 USD per year
.org = 1 years @ $12.00 USD per year
.info = 1 years @ $12.00 USD per year
.us = 1 years @ $12.00 USD per year
.biz = 1 years @ $12.00 USD per year
.ca = 1 years @ $20.00 USD per year
.asia = 1 years @ $20.00 USD per year
.mobi = 1 years @ $22.00 USD per year
.tv = 1 years @ $55.00 USD per year
.cc = 1 years @ $55.00 USD per year

Domain names are valid for the number of years of their registration (domain names can be registered for the period of 1 to 10 years, depending on their TLD – top-level domain name – extension). After an expiration of a domain name several stages follow regarding its renewal.

  • The domain name Redemption Grace Period (RGP) is a registry level period of up to 30 days after the domain name’s expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. This extra 30-day period extends the time available for renewing domain names. However, all domains that enter a redemption period are removed from the zone files (the list of domain names currently in the global DNS), therefore any web site or e-mail services associated with the domain name will stop working.
  • Extended Redemption Grace Period – the extended redemption grace period adds another 7 – 30 days to the domain name’s redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain’s registrar.
  • After the redemption period of an expired domain name is finished, comes the Pending Delete Period - a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it’s still not returned to the public pool of domain names.
  • Released by Registry Period – the domain name is sent back into the public pool of domain names and is newly available for registration.

Customers are advised to renew their domain registrations before their domain names are placed into redemption. When a domain name transits in redemption period, we are not able any more to prevent its zone files from being removed from the DNS system, and the customer’s web site and any associated services will stop working.

During a domain name’s redemption period, we can assist the customer in retrieving his/her domain name from deletion only if the domain name was registered with us. The customer will need to pay a REDEMPTION FEE of $180.00 USD for the domain registration renewal (the redemption fee is imposed by our Registrar). If the domain name was registered with another registrar, the customer needs to contact that registrar for more information regarding its retrieving.

CUSTOMER RESPONSIBILITIES
ACCOUNT REGISTRATION AND MANAGEMENT
In consideration of their use of the Service, customers agree to:

  • Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, Nerdy Hosting has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, Nerdy Hosting has the right to suspend or terminate the customer’s account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
  • When introducing any changes to their contact details, customers are obliged to notify Nerdy Hosting in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers’ Web Hosting Control Panel, not via e-mail. This requirement is also in force for Nerdy Hosting, i.e. customers will be always aware of any contact information changes that the company places within its website. This way, flawless communication between both sides is guaranteed.
  • Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify Nerdy Hosting about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. Nerdy Hosting cannot and will not be liable for any loss or damage of account information arising from Customer’s failure to comply with this provision.
  • If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, Nerdy Hosting will take the side of the person who paid for the account and shall not provide access to any other person, since – a hosting account owner is and will be considered to be the credit card /PayPal account holder.
  • If the hosting account owner deceased prior to the expiration of his/her account Nerdy Hosting will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, Nerdy Hosting will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.

ACCOUNT USAGE

  • CPU usage (or usage of the Central Processing Unit(s) of the web server the customer’s account is hosted on) – The CPU usage is subject to some regulations. Each hosting account can use up to 10% of the CPU power for no longer than 180 seconds at any given time, and/or the percentage given per 24 hours in the features configuration of the Customer’s plan. Nerdy Hosting plans include the following CPU quotas (per 24 hours): 4.5% for all plans.
  • Nerdy Hosting strongly recommends that customers be very judicious when using the CPU power for their accounts. We reserve the right to block files or scripts that excessively use CPU. We may suspend also the Customer account in the case of registered impact on other accounts on the server or disturbance caused to its functioning. If we do block or suspend an account, then its owner will be notified of the situation and given an explanation, and/or offered to upgrade to a dedicated or a semi-dedicated web hosting solution
  • E-mails – Customers are NOT allowed to send more than 300 e-mails per hour and/or 1500 e-mails per day per hosting account.
  • File Quota – All plans are currently allowed to host 150,000 files.
  • Disk Space & Traffic – Nerdy Hosting offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website content, i.e. all content files must have corresponding HTML or PHP files that link to them. Music and/or video files must be under 25% of the current web hosting plan disk space and must never exceed 50 GB in size. Furthermore, these files may amount to no more than 50% of the customer’s total monthly traffic usage. Upon request, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request.
  • MySQL usage – each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.
  • Access and error logs – The access and error logs for all client’s hosts in one account should not exceed 500 MB in total.

SERVER USAGE & HOSTED CONTENT
Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of Nerdy Hosting are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. Nerdy Hosting expressly bans the use of any Nerdy Hosting hardware or software hosted on a Nerdy Hosting server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact Nerdy Hosting.

E-COMMERCE CUSTOMER WEBSITES
When buying an allocated space on Nerdy Hosting servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients’ orders and taking care of clients’ requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store. Each customer is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:

  • the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
  • certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;
  • Certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnious or somehow illegal.

Each Customer guarantees to Nerdy Hosting that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Nerdy Hosting that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:

  • infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
  • break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
  • Each Customer empowers Nerdy Hosting to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Nerdy Hosting is granted the right to estimate, at its own discretion, the extent to which these operations need to be carried out.

THIRD PARTY DEALINGS

Any dealings with third parties (including advertisers) carried out through Nerdy Hosting Services, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Customer and the advertiser or the other third party. Nerdy Hosting shall not be responsible or liable for any part of such dealings or promotions.

Additionally, in consideration for hosting services to be delivered, the Customer agrees to be bound by the following terms:

CANCELLATION & REFUND POLICY
Nerdy Hosting’s hosting accounts are set up on a prepay basis. Nerdy Hosting customers may cancel their account at any time, however they will not be entitled to a refund for the unused period of the prepaid service, since these services do NOT include Money Back Guarantee. Any incentives offered to customers upon sign-up will also be cancelled.
Domain name registrations or transfers are also treated as non-refundable services and cannot be cancelled or refunded after activated upon customer request.
In order to cancel an account, the customer must send a support ticket to Nerdy Support via their billing account at http://www.NerdyHosting.com and provide any authentication credentials requested by Nerdy Hosting. Any other form of cancellation request will not be accepted.

SERVICE DISCONTINUANCE/TERMINATION

Nerdy Hosting reserves the right, at its sole discretion, to terminate your password, remove and discard any Content and discontinue the delivering of the services and terminate this agreement for a certain period of time or indefinitely, with a prior notice. If the reason for this is Customer’s failure to observe these Web Hosting Terms of Service and/or our Acceptable Use Policy, no refund will be issued to the customer for the unused period of his/her annual subscription with Nerdy Hosting.

INDEMNIFICATION
The Customer agrees to indemnify the Company, its employees and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer’s use of the Services and Products. The Customer will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such an Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such an Indemnified Party is a party.

LIMITATION ON COMPANY LIABILITY
The Company shall not be liable for any failure in the provision of the Services and Products to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) action of any governmental or military authority, (iii) failure caused by the telecommunications or the Internet provider, or (iv) other force or occurrence beyond its control. THE COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY THE CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. THE COMPANY PROVIDES THE SERVICES AND PRODUCTS ON AN “AS IS” BASIS, WITHOUT A WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND THE COMPANY SHALL HAVE NO LIABILITY THEREFORE.

PROBLEM PROCEDURE
Nerdy Hosting is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are strongly encouraged to make use of our problems procedure detailed below.
In the event a problem arises with any provided services, please send an email to support@nerddesigngroup.com. Specify the nature of the problem occurring. Please provide as many details about the problem as possible. The more information about the problem that is occurring will help in providing the most adequate solution to fixing the problem. When the email is received, a nerdy support representative will review the problem and reply with the appropriate action and solution to resolve the issue.
In the event you need to file a complaint, please send an email to support@nerddesigngroup.com, specifying the nature of the problem you are facing. Please provide as many details about your particular case as possible. The more we know about your situation, the more prompt and adequate our resolution will be.
Here are the steps for addressing every single complaint:

  • Nerdy Hosting will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. Nerdy Hosting reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
  • A Nerdy Support representative will review your situation, look for an appropriate solution and will inform you of the timeframe within which a response should be expected.
  • If a Nerdy Support representative can’t resolve your complaint within the pre-announced period, your complaint will be escalated to a Nerdy Manager.
  • If the Nerdy Manager can’t resolve your complaint, it will be forwarded to the Nerdy Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days and reply with a solution within five working days.

ARBITRATION
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

NOTICES
Unless otherwise specified herein, any notices or other communication required or permitted hereunder shall be sufficiently given and delivered personally or sent by a facsimile, an internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of the Customer as set forth in the Service Descriptions. Such notices or other communication shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by a facsimile, (iii) on the next business day, if sent by an internationally recognized overnight air courier or (iv) in five days’ time, if sent by first class registered mail, return receipt requested. Nerd Design Group, 1765 Garnet Ave. #216, San Diego, CA 92109

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of California, USA.

MISCELLANEOUS
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
CUSTOMER SERVICE CONTACT DETAILS
To get in touch with our Nerdy Support – please use any of the options listed below:
Open a Ticket from the Web Hosting Control Panel
(from section Help Center->Open New Ticket)

Email:
support@nerddesigngroup.com

Phone:
US TELEPHONE: +1-858-779-1203
INTERNATIONAL PHONE: +1-858-779-1203

Send us a Letter to:
Nerdy Hosting / nerd Design Group
1765 Garnet Ave. #216
San Diego, CA 92109
USA

REVISIONS
In order to improve its web hosting and customer care services, Nerdy Hosting reserves the right to revise these terms and conditions at any time without prior notice. Customers are encouraged therefore to review this document periodically.