This page contains 3 sections:
I. Website Terms & Conditions
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Simple Nerds's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Simple Nerds's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Simple Nerds at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Simple Nerds's web site are provided "as is". Simple Nerds makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Simple Nerds does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Simple Nerds or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Simple Nerds's Internet site, even if Simple Nerds or a Simple Nerds authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Simple Nerds's web site could include technical, typographical, or photographic errors. Simple Nerds does not warrant that any of the materials on its web site are accurate, complete, or current. Simple Nerds may make changes to the materials contained on its web site at any time without notice. Simple Nerds does not, however, make any commitment to update the materials.
Simple Nerds has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Simple Nerds of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Simple Nerds's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
II. Service Terms & Conditions
By placing an order, you agree to the terms outlined in the contract below.
Simple Nerds, Inc., hereafter Simple Nerds, will host a Virtual Web Server Internet Account for _____, hereafter Account Holder, for the domain(s) _____. Service will begin on _____, 20__ and will continue to renew automatically until notice of cancellation is received. Under penalty of perjury, Account Holder affirms that all provided contact information is accurate, and that he/she is of contractual capacity under the laws of the United States of America. Account Holder agrees to the following terms and conditions of this Service Agreement:
1. AUTOMATIC RENEWAL AND CANCELLATION POLICY
To avoid interruption in service and for the convenience of customers, all accounts automatically renew on their anniversary dates. Credit card information left on file for recurrent billing will be processed at this time; it is Account Holder’s responsibility to ensure that the appropriate billing profile is activated on relevant renewal dates.
2. LATE PAYMENTS AND COLLECTIONS
Payments must be made in US dollars to Simple Nerd and are due upon purchase of service and/or presentation of invoice. Any bank fees or charges imposed upon Simple Nerds associated with the receipt of payment shall be the responsibility of Account Holder.
If full payment is not received within 15 days of the due date, without other arrangements having been agreed upon prior, then all services will be suspended until payment is collected. After an account is 30 days past due, all associated accounts will be removed and the remaining balance may be sent to a collections agency for further action. No refund will be issued for suspended or deleted accounts.
3. ACCOUNT TERMINATION
Simple Nerds reserves the right to terminate a contract at any time, for any reason, and return any unused funds.
4. DOMAIN REGISTRATION
Domain registrations are not automatically renewed. The domain registrant or other domain contact is responsible for renewing a domain registration with the corresponding domain registrar. A domain registration registered with Simple Nerds will be renewed upon request and receipt of money due for renewal service.
Simple Nerds is not responsible for the loss of a domain registration due to unlawful conduct, expiration, or transfer. Simple Nerds has procedures in place to assist domain customers with domain record updates. Update requests will be accepted only from the registrant or administrative contact on a domain record. Signature and picture identification are required. Simple Nerds also adheres to lock domain procedures to aid in protecting the domain from an unauthorized transfer. Once a domain is registered to a customer, the domain registration record must be kept current by the domain registrant. Domain expiration notification is emailed to customers as a courtesy. Simple Nerds is not responsible if domain expiration notices are not received by the domain contacts.
5. UNAUTHORIZED ACCESS
Simple Nerds does not allow or support any programs or scripts that attempt to open unauthorized ports and/or to circumvent any accounting system. This includes, but is not limited to, IRC, bots, sniffers, and scanners. Ports are filtered at the firewall level and such programs will not function.
6. UNSOLICITED EMAILS (“SPAM”)
Engaging, advertising, and/or participating in the sending of unsolicited email is expressly prohibited on all Simple Nerds’ servers. Unsolicited email is defined as using any computer or electronic device to send unsolicited advertisement(s) or electronic mail to an electronic mail address of an individual with whom such person lacks a pre-existing and ongoing personal or business relationship, unless said individual provides express invitation and/or permission. Violators of this policy are subject to having their account(s) terminated without notice or refund.
7. DATA TRANSFER ALLOWANCE
Bandwidth limits are set in accordance to the corresponding web hosting package. Any traffic in excess of the monthly allowance will result in additional charges as stated in Simple Nerds pricing plan.
8. SERVER UPTIME
Simple Nerds takes every step to ensure 100% uptime for all websites and related services. Account Holder acknowledges that certain issues can and do arise during the course of normal operations, and will not hold Simple Nerds responsible in the event of any service interruption which results in the loss of revenue, service(s), and/or customer(s).
9. Simple Nerds’ INTERESTS
Simple Nerds owns all right, title, and interest in Simple Nerds trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function, and provisions of services by Simple Nerds, and in the related hardware and software systems. Simple Nerds makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing Simple Nerds rights and used by Account Holder to promote and provide services to Account Holder’s customers. This agreement does not constitute a license to Account Holder to use Simple Nerds trade names or service marks.
16. NON-DISCLOSURE AGREEMENT
By reason of his/her relationship with Simple Nerds, Account Holder may have access to certain information and materials relating to Simple Nerds’ business, services, customers, software technology, and/or marketing strategies that is confidential and of substantial value to Simple Nerds. Account Holder agrees not to disclose any of the aforementioned information to any third party. The provisions of this section shall survive the termination of the agreement for any reason.
10. BULK EMAILS
Simple Nerds servers are not designed for the needs of bulk emailing. Account Holder shall not participate in any bulk mailing practice that involves the reduction of server resources for other customers. Violators of this policy are subject to having their account(s) terminated without notice or refund.
11. THIRD PARTY CONTENT
Under Section 230 of the CDA (47 U.S.C. sec. 230), Simple Nerds“shall not be treated as the publisher or speaker of any information provided by another information content provider.” Simple Nerds is not liable in any way for any statements made on its servers to, by, or regarding any third party.
12. VALIDITY OF THIS AGREEMENT
This agreement constitutes the entire agreement between parties and supersedes all prior understanding and agreements concerning the related services. It shall not be modified or altered by written instrument duly executed by the parties. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality and enforceability of the remainder of the provisions of this Agreement shall not be affected or impaired.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.