Nerd Group LLC / Nerdy Hosting’s Terms Of Service
Welcome to Nerd Group LLC / Nerdy Hosting! All we ask is that you follow a few simple rules so everyone can enjoy the greatest hosting around! So please be sure you have read, and understood, these Terms and Conditions. Members who do not follow these terms and conditions will find their entire web site removed and/or deleted, possibly without prior notice. The interpretation of these guidelines is at the sole discretion of the personnel of Nerd Group LLC / Nerdy Hosting and their officers and partners.
Nerd Group LLC / Nerdy Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. We pride ourselves on customer service and availability as well as leader in the hosting industry. All clients of Nerd Group LLC / Nerdy Hosting are subject to the following terms of service.
Indemnification Policy
You agree to use all Nerd Group LLC / Nerdy Hosting services and facilities at your own risk. Nerd Group LLC / Nerdy Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Nerd Group LLC / Nerdy Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Nerd Group LLC / Nerdy Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Nerd Group LLC / Nerdy Hosting, its agents, its customers, partners, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nerd Group LLC / Nerdy Hosting against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Nerd Group LLC / Nerdy Hosting ‘s server.
Nerd Group LLC / Nerdy Hosting is not responsible for the content of any personal home page, nor do the opinions or ideas expressed in user-generated web pages necessarily reflect those of Nerd Group LLC / Nerdy Hosting. The contents of user-generated web pages are neither reviewed nor censored in any way before they appear on Nerd Group LLC / Nerdy Hosting servers.
Nerd Group LLC / Nerdy Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party copyright infringement any defective products sold to customer from Nerd Group LLC / Nerdy Hosting’s server. Nerd Group LLC / Nerdy Hosting shall be the sole judge of what violates this Policy.
Billing:
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan or service chosen. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fees are nonrefundable). The Nerd Group LLC / Nerdy Hosting ’30 Day Money Back Guarantee’ applies ONLY to 1 month (month-to-month) subscriptions or payment terms. Refunds are ONLY granted within the first 30 days of account activation. Nerd Group LLC / Nerdy Hosting does not refund on any other payment terms, such as quarterly or yearly, etc. as this puts undue financial stress on Nerd Group LLC / Nerdy Hosting. For this reason, if you are unsure whether or not you wish to continue with our services, we strongly recommend starting out with the one month term to start.
We accept Visa, Master Card, American Express, Discover Card via PayPal. Clients are encouraged to pay by paypal or square as it is the easiest way for all involved. Additionally, you may wish to set up recurring billing via PayPal during checkout or on your billing anniversary date. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified through our Cancellation Request form within your client/members area. In order to process or cancel service this form must be completed by the account owner.
Both verbal and written contractual agreements that are made by and between parties are upheld to the fullest extent of the law. It is considered to be a breach of contract when a customer of Nerd Group LLC / Nerdy Hosting either fails to abide to the contract or transfers/leaves Nerd Group LLC / Nerdy Hosting hosting and servers/network. At that time, all monies due, must be paid in full within 30 days from that activity. Suitable payment arrangements may be considered or made, however Nerd Group LLC / Nerdy Hosting will make the final decision whether to accept such arrangement or whether payment in full must be made within 30 days. If a payment arrangement is made, any future breach of agreement may result in a civil suit being filed against you/your company, to recoup any monies for services rendered.
Refunds of virtual private servers, virtual machines or dedicated servers are not authorized or granted because equipment is physically purchased by Nerd Group LLC / Nerdy Hosting for use and is locked into an agreement of at least one month with the datacenter. REFUNDS WILL NOT BE PROVIDED FOR THESE SERVICES REGARDLESS OF PAYMENT TERM!
Nerd Group LLC / Nerdy Hosting and/or its operators will not and can not be held liable for any loss or gain either financial or personal to the fullest extent permissible by law. All sites hosted by Nerd Group LLC / Nerdy Hosting are fully and completely the responsibility of the customer paying for the hosting. Nerd Group LLC / Nerdy Hosting will make a full faith effort to fulfill the agreed hosting plan to the best of its ability and must state, even though downtime is very rare, it may happen. If server downtime exceeds more than 6 hours, we will pro-rate all subscriptions and credit users accounts at the users request to make up for lost hosting time.
Late Payments:
All accounts are billed according to the dates they were first activated on. Nerd Group LLC / Nerdy Hosting bills 7 days in advance of due dates and allows 3 days grace period (to allow for non-suspension, however, late fees apply) to provide for late payments in which time you will receive a daily notice informing you of your service suspension date. If payment is not made within this time or by the 3rd and final late notice, your account will be automatically suspended for non-payment. If payment is later made, your account will automatically restore to an active state, which is immediate.
Late fees will be assessed at 10% of the invoice amount due if not paid by the due date. "Grace period" is for account suspension only. Any payments made after the due date, will incur a 10% late fee in addition to the normal invoiced amount.
Acceptable Use Policy:
All services provided by Nerd Group LLC / Nerdy Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Nerd Group LLC / Nerdy Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Nerd Group LLC / Nerdy Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
The term ‘Unmetered’ and/or ‘Unlimited’ applies to files and items that are needed to host and run your website and/or business. This means we will not monitor and put a number on the amount you use. You do not have unmetered or unlimited ram or cpu usage unless you are on your own virtual private server or dedicated server with resources allocated directly to your account(s). Use of Nerd Group LLC / Nerdy Hosting servers prohibits the storage of home computer files (aka backups) / mp3,4 / Mass storage of software / movies / your account can host files pertaining to running your website and or clients as long as they are not movie files or mp3s. Streaming media is allowed for SHOUTcast customers only. Other forms of streaming media should be embedded into your page and not hosted directly on Nerd Group LLC / Nerdy Hosting servers to allow the fastest connection and load times possible for all persons that are hosted on the servers.
It is strictly prohibited to use Nerd Group LLC / Nerdy Hosting servers or your hosting account space for "data warehousing." This means using server space as storage for large files which are only linked from other sites or backup of hard drives either personal or business or other types of backup media, etc.
You may not use Nerd Group LLC / Nerdy Hosting servers to send OR relay unsolicited email (SPAM) to promote your site. This is a ZERO tolerance policy and violators will have their account immediately suspended without notice and possibly deleted by Nerd Group LLC / Nerdy Hosting personnel. Mass Email of ANY kind is strictly prohibited and any account found doing it will be deleted and charged $100/hour for cleanup, blacklisting and server reputation repair services if our investigation reveals that the server IP has been placed on any world wide IP blacklists because of your violations of this agreement. Accounts found violating this, will be charged $10 per email sent after a demand to stop email has been sent to the account owner by email by Nerd Group LLC / Nerdy Hosting.
You must provide a VALID Email address or account suspension and/or deletion may occur at the time we become aware of this. A valid email address is needed to receive important updates and service notifications. All marketing emails from Nerd Group LLC / Nerdy Hosting are opt-out at anytime.
The ONLY way to keep your account active is through the selected payment method of the plan you purchased. Failure to pay on the date due will result in account suspension after 3 days and full account deletion in 21 days. If payment comes back grossly fraudulent from one of our payment processors the account will be deleted without question.
Your site needs to remain in an *ACTIVE* status – that is, it is either receiving ‘hits’ or is being updated/posted to. Sites that either receive no hits or are not updated for a period of more than 30 days will be considered ‘inactive’ and may be removed by Nerd Group LLC / Nerdy Hosting to make room for other users and keep the efficiency of the server at the maximum allowed. Sites that are installed with default content such as WordPress or Lorem Ipsum text content are included in this, as are sites that are suspended for a period of more than 30 days. Suspended accounts may be automatically terminated without advance notice. It is the account holders responsibility to ensure a current backup of the site exists, Nerd Group LLC / Nerdy Hosting is not responsible for creating or maintaining a backup of individual accounts. Only a backup as stated in these terms of service. Nerd Group LLC / Nerdy Hosting takes precautionary measures to backup all items on the server for security and hardware failure only, twice daily. Backups are available to customers via their cPanel account. For further instructions on how to retrieve a backup, please reference the knowledgebase.
If your account is hosted on a shared server (unless you have purchased a vps or dedicated server, you are subject to this provision), each cpanel account is subject to a 20% server resource use policy. No single account can maintain a server cpu usage that last longer than 1 1/2 minutes that exceeds 20% of the server available power and/or more than the allocated memory set by server administrators.
Nerd Group LLC / Nerdy Hosting offers an included online backup service, using the R1Soft Backup Service that you can find within your cPanel area. You have unfettered access to this at any time. Within your hosting account, you are limited to a TOTAL of 2 backups allowed within your cpanel account at any one time due to server space. Please understand that your use of this service is voluntary and at your own risk. It is very easy to use and administer. Please see our knowledgebase for instructions on its proper use. Failure to remain within the backup guidelines will result in Nerd Group LLC / Nerdy Hosting personnel deleting all but your most 2 recent backups within your cPanel account. Please download and store your backups if you need more than this. You must NOT keep more than 2 backup files at any one time on the server for any cPanel account, this helps in minimizing backup times and other important server jobs. Failure to comply with this, may result in your accounts being suspended until this requirement is met.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez, Torrents and IRC is not allowed under any circumstance. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances. This is a zero tolerance policy. Violations of this nature will result in immediate account suspension and possible termination pending review by Nerd Group LLC / Nerdy Hosting staff.
Abuse towards any Nerd Group LLC / Nerdy Hosting staff, officers, partners or other 3rd parties or clients on our network is not tolerated and will authorize Nerd Group LLC / Nerdy Hosting personnel to suspend all hosting accounts, pending termination after Nerd Group LLC / Nerdy Hosting review. Slanderous remarks of or about Nerd Group LLC / Nerdy Hosting or Nerd Group LLC / Nerdy Hosting.com on the internet is grounds for immediate account termination. This does not include valid and warranted reviews of Nerd Group LLC / Nerdy Hosting and Nerd Group LLC / Nerdy Hosting reserves the right to block any site, in its opinion, due to inappropriate behavior, conduct or content by the webmaster towards Nerd Group LLC / Nerdy Hosting, its staff or its users, which has been validated on public or private forums.
Resellers NOTE!! ALL level of resellers (including your own sub-resellers) are responsible for maintaining accuracy and accountability of their cPanel accounts. Any cPanel account considered not active MUST BE terminated and removed from the server to ensure reliability, efficiency and security of the server. Failure to do so, will result in the cPanel account being removed by Nerd Group LLC / Nerdy Hosting personnel after a full backup has been taken and provided to the reseller. The term active is defined as the cPanel/domain must be pointing to a resource that is within Nerd Group LLC / Nerdy Hosting control. If the domain is not hosted on or pointed to Nerd Group LLC / Nerdy Hosting servers, it is considered to be inactive and therefore needs to be removed.
ALL levels of resellers are to provide tier 1 support to their clients and sub-resellers. Nerd Group LLC / Nerdy Hosting will not directly support your clients directly unless a purchase of one of our support plans has been made. As a reseller, you may open a support ticket and a member of the support staff will be glad to assist you and point you in the right direction if you cannot provide the support needed.
Banned Scripts:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. This includes but is not limited to:
IRC egg drops Proxy servers Mail bombers Anonymous mailers IP spoofers Port scanners Hivemail HyIP and ForEx (Foreign Exchange) sites are prohibited. Paid-to-Click (PTC) sites are not allowed. If discovered, the account will be immediately suspended and deleted. Telnet or SSH Access Scripts nph-proxy (and other scripts what operates like proxy) UBB (Ultimate Bulletin Board, all versions) lstmrge.cgi phpShell FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
You may not set up a ‘gateway’ site on any of the Nerd Group LLC / Nerdy Hosting servers. A ‘gateway’ site is one which serves only as an entrance to the actual site located on a non-Nerd Group LLC / Nerdy Hosting server.
Any type of account script or control that interferes with root control of any account will be viewed as a hack attempt or threat and the complete account will be immediately suspended when found. An email will be sent to the account owner and the site suspension will not be lifted until the account has been completely cleaned and verified by Nerd Group LLC / Nerdy Hosting personnel.
Rapid Leech and other forms of leeching products as well as continuously streaming media is prohibited unless you have purchased one of Nerd Group LLC / Nerdy Hosting’s streaming media plans.
Any CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment in advance, please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is also forbidden as this is considered to be ‘streaming content.’
Furthermore, users shall not include content, or internet links to content on the site that contain, promote, or involve any of the following. Violation will authorize Nerd Group LLC / Nerdy Hosting personnel to automatically suspend, delete, retain and submit all illegal content to local and/or federal authorities. If any of the below content is discovered, Nerd Group LLC / Nerdy Hosting reserves the right to refuse the original owner the content. Examples include but are not limited to:
Child Pornography Hate content Threatening, racial, or otherwise abusive content Any and all content inciting, instructing, or promoting illegal activities Fraud, MLM (Multi-Level Marketing), Pyramid/Ponzi schemes or any other activities deemed to be fraudulent Hacking/Cracking, cracks, SPAM software or any material that contains a virus or any other harmful code
LIMITATION OF LIABILITY:
Nerd Group LLC / Nerdy Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Nerd Group LLC / Nerdy Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Nerd Group LLC / Nerdy Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Nerd Group LLC / Nerdy Hosting servers. All damages shall be limited to the immediate termination of service. You do not have permission to copy or reproduce any page, image, content, verbiage or other Nerd Group LLC / Nerdy Hosting website content without the express prior written consent of the original copyright owner of that content.
Persons under age 18 may not become a member of Nerd Group LLC / Nerdy Hosting without a parents written consent, signed and emailed to Nerd Group LLC / Nerdy Hosting. The company takes the protection of child online privacy very important and will not jeopardize the safety of those minors. For that reason, it is our policy not to collect or maintain information at our web sites from those we actually know are under 18 and no part of our web sites is structured to attract anyone under 18.
In the event that an account is questionable in Nerd Group LLC / Nerdy Hosting opinion, we retain the right to acquire a valid and current form of government or officially procured photo identification for verification purposes only. Nerd Group LLC / Nerdy Hosting employes MaxMind software and phone verification services to ensure the highest possible level of security for our clients. Placing a fraudulent order enables Nerd Group LLC / Nerdy Hosting the right to pursue any entity attempting to defraud us, which may include all legal and court costs and recovery fees to offset any suffered damages.
Furthermore, it is agreed that any person(s) or entity(ies) found to be in violation of these terms of service shall forfeit all funds collected by Nerd Group LLC / Nerdy Hosting and will be denied a refund, in part or in full.
DISCLAIMER:
Nerd Group LLC / Nerdy Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Nerd Group LLC / Nerdy Hosting are resold. Thus, certain equipment, routing, software, and programming used by Nerd Group LLC / Nerdy Hosting are not directly owned or written by Nerd Group LLC / Nerdy Hosting. Moreover, Nerd Group LLC / Nerdy Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Nerd Group LLC / Nerdy Hosting sees fit. FURTHERMORE, Nerd Group LLC / Nerdy Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Email: support \ at \ nerdg.com
Phone:
US TELEPHONE: +1-775.238.3506
INTERNATIONAL PHONE: +1-775.238.3506
Send us a Letter to:
Nerdy Hosting / Nerd Group LLC
848 N. Rainbow Blvd. #3841
Las Vegas, NV 89107
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.
