Terms of Service

Usage of this website and/or payment to Nerd on the Street Productions, LLC by you ("Customer") constitutes acceptance and agreement to the Terms of Service. Nerd on the Street Productions, LLC reserves the right to modify the Terms of Service without notice.

Limitation of Liability

Nerd on the Street Productions, LLC makes a best-effort attempt to provide the advertised server administration service; however, Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Nerd on the Street Productions, LLC and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Nerd on the Street Productions, LLC shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Nerd on the Street Productions, LLC. Customer further acknowledges that Nerd on the Street Productions, LLC's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall Nerd on the Street Productions, LLC be liable for any special or consequential damages, loss or injury. Nerd on the Street Productions, LLC is not responsible for any damages your business may suffer. Nerd on the Street Productions, LLC does not make implied or written warranties for any of our services. Nerd on the Street Productions, LLC denies any warranty or merchantability for a specific purpose, including loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Nerd on the Street Productions, LLC.

Acceptable Use

Nerd on the Street Productions, LLC does not monitor the Customer's usage of the managed servers beyond what is required to maintain the servers. However, the Customer agrees that the managed servers will not be used to violate the law of the United States of America. The Customer is responsible for ensuring the servers are not used to violate federal, state, or local law, and Nerd on the Street Productions, LLC is not responsible or liable for the activities the servers are used for. Nerd on the Street Productions, LLC reserves the right to end the service agreement if it discovers that its servers are being used by the Customer to violate United States law.

Termination of Service

Nerd on the Street Productions, LLC reserves the right to terminate services at any time for any reason or no reason. Services are offered month-to-month, and provision of services at any given time does not guarantee that services will be offered or provided in the future. In the event that Nerd on the Street Productions, LLC terminates the service agreement, Nerd on the Street Productions, LLC will make a best-effort attempt to provide a limited-time download of the project's assets to the Customer (unless doing so would be in violation of the law.)

If the Customer wishes to terminate service, they may do so by contacting Nerd on the Street Productions, LLC and expressing their desire to terminate their service agreement.

Billing

All payments are non-refundable. The Managed by NOTS service fee is billed in advance on a monthly basis. Billing starts on the date of the Customer's first payment, and renews the same day of the following month. Once services are started, subsequent payments will be charged to the Customer's card on file automatically.

For projects where the server cost is known in advance, server cost will also be billed in advance on a monthly basis; in the event that services are terminated, no further payments will be invoiced, but any prior payments will not be refunded.

For projects where the server cost is not the same every month, the server cost will be billed at the end of the billing period at the same time as the following month's service fee; in the event that services are terminated, no further service fees will be invoiced, but the remaining unpaid server cost will still be invoiced and must be paid.

Plan Selection

The Personal Plan is only for servers that are being used non-commercially. Any server used for commercial purposes (as defined by 18 USCS § 31) must be managed under the Small Business Plan.

Documentation

In the course of managing servers, Nerd on the Street Productions, LLC may provide the Customer with documentation to assist with setting up or using the servers. Nerd on the Street Productions, LLC reserves the right to re-use this documentation with other customers and/or re-distribute this documentation publicly. Nerd on the Street Productions, LLC will remove any customer-specific information from the documentation before re-using or re-distributing it.

Terms of Service Updates

Nerd on the Street Productions, LLC may update these Terms of Service at any time. The Customer is encouraged to review the terms monthly before they are billed.