Terms of Service

Last updated: January 2026

Terms Of Service

Purpose

These Terms of Service ("TOS") are a contract between you, or the entity on whose behalf you are executing this agreement ("you" or "your"), and NerdyTechs. ("NerdyTechs", "we", "us", or "our"). By corresponding with us, browsing our web properties, or using our Services, you agree to abide by these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy, each of which is integrated into the TOS by reference (together, the "Policies"). These TOS may be modified from time-to-time and, by continuing to use our Services, you agree to be bound by the modifications.

2. Customers

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the services we provide directly and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your products and services ("End Users").

Services

NerdyTechs provides a number of services to its customers, which are collectively referred to in these TOS as the "Services". Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by NerdyTechs is included as part of the "Services" we refer to in these TOS and the Policies. All Services are subject to each of our Policies. Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of their services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services.

Services Offer. NerdyTechs offers a number of different services, including:

Terms Specific to Domain Name Services

We resell domain names. When you apply to register a domain name, your request is transmitted to eNom (www.eNom.com). By using our Domain Name Services, you agree to be bound by eNom's domain name registration policies and procedures. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse, for whatever reason, and we are not responsible for any lapse or any damages caused by any lapse.

It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal rights of others. We do not check to see whether a domain name you register or use infringes on the legal rights of any third party and we suggest you seek advice of legal counsel before registering any domain.

Terms That Apply to All Hosting Services

Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.

We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select. You may request additional IP addresses for an additional fee. If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.

Resellers

Whether you are a reseller or use Reseller Hosting Services, you agree to abide and be bound, by the terms of these TOS and our Policies, including all provisions related to indemnification and termination for a violation of these TOS and our Policies. All additional or different terms, representations, warranties or covenants than those included in these TOS or our other Policies, including those made about the capabilities of any Services by any third party, are specifically disclaimed.

Access

You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.

Control Panels

cPanel. cPanel is provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel's End User License Agreement, available at: http://cpanel.com/legal-store.html.

Plesk. Plesk is provided through a third party. When you subscribe for use of Plesk with any of the Services, you agree to be bound by Plesk End User License Agreement, available at: https://www.plesk.com/eula/.

Enrollment; Account Information

You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to these TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening.

Account Information. You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship.

Account Security

You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. NerdyTechs is not liable for any damages, direct or indirect, that result from unauthorized account access or use.

You agree to give NerdyTechs permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.

SMS Consent

By submitting your phone number through our registration page, in person with a staff member or over the phone when creating an account, you consent to receive marketing and text messages (e.g. promos, cart reminders, payment links) from Twilio autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available).

Term of Agreement; Billing & Payment

Term. We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the "Effective Date"). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services located at nerdytechs.com ("Initial Term"). If the page describing the Services does not contain an Initial Term, the Initial Term shall be one month.

AUTOMATIC RENEWAL. The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a "Renewal Term"). If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term. You can notify us by:

Termination for Convenience

Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We only accept cancellations through our online cancellation form found at portal.nerdytechs.com. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term.

NerdyTechs Termination. We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of NerdyTechs' network or the security of the Services.

Anytime Money Back Guarantee

We don't want any customers to leave. However, if you do want to leave, we offer an Anytime Money Back Guarantee that will allow you to receive a full or partial refund of certain fees. For details on this policy, please see our Refund & Billing Policy.

Use of the Services

Your use of the Services is governed by these TOS, including our Policies. NerdyTechs provides no guarantee that the Services will be uninterrupted, or continuous, or that you will be able to access NerdyTechs' network at a particular time, or that any data transmitted by NerdyTechs is accurate, error-free, virus free, secure, or inoffensive.

Data Backups

You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of NerdyTechs' network. NerdyTechs is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.

Licenses; Intellectual Property; Data Ownership

Services performed or provided by NerdyTechs are not a "work made for hire" and we hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty free and terminates when you or NerdyTechs terminates the Services.

All right, title and interest in NerdyTechs' technology shall remain with NerdyTechs, or NerdyTechs' licensors. You are not permitted to circumvent any devices designed to protect NerdyTechs, or its licensors', ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

NerdyTechs' Warranty

NerdyTechs warrants that it will perform the Services in accordance with prevailing industry standards. To make a warranty claim, you must notify NerdyTechs in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and NerdyTechs' sole and exclusive obligation, in the case of a breach of warranty is, at NerdyTechs' option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.

Disclaimers

EXCEPT FOR THE WARRANTY ABOVE, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO NERDYTECHS), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by NerdyTechs, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS.

NerdyTechs is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. NerdyTechs is not responsible for any loss of data, for any reason. NerdyTechs is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.

Limitation of Liability

It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that NerdyTechs has no liability, of any sort, for content you or your customers access from the Internet.

In no event shall NerdyTechs be liable to you in connection with these TOS or the Services, regardless of the form of action or theory of recovery, for any: (a) data loss, (b) direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if that party has been advised of the possibility of such damages; or (c) lost profits, lost revenues, lost business expectancy, business interruption losses, or benefit of the bargain damages.

IN NO EVENT WILL NERDYTECHS'S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY NERDYTECHS FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification

You agree to indemnify, defend, and hold harmless NerdyTechs and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings and expenses threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services; (ii) any violation by you of these TOS or any of NerdyTechs's Policies; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS; or (iv) any acts or omissions by you.

Notices

Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.

Notices regarding this TOS and other NerdyTechs Policies should be directed to:

NerdyTechs, LLC.
2400 Crownpoint Executive Drive Suite 300
Charlotte, NC 28227

Legal - Compliance with Law

Export laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about U.S. export laws to ensure that your use of our network complies with these laws.

Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party's reasonable control, including third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers.

Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the State of Michigan, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law.

Server Maintenance Policy

Purpose

This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services and how you will be impacted by those actions.

Availability

We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades ("Scheduled Downtime") and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control.

Maintenance Definitions

Scheduled Downtime Intervals

Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. NerdyTechs is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

Support Policy

Purpose

The purpose of this Support Policy is to clearly lay out NerdyTechs' support policies and procedures so that all customers have a clear understanding of what can be expected of us and what we expect of you, our valued customer, in connection with our delivery and your use of the Services.

Methods of Support

Support Generally. Support we offer is included as a Service. We do not charge for responding to technical support tickets, phone calls or LiveChat but we do expect you to abide by the terms of this Support Policy and our other Policies when utilizing this Service.

Technical Support Tickets. This is our primary support system. Almost ALL issues will require the submission of a trouble ticket. This is our preferred method because of the ability to track issues to resolution and give us time to properly review and research problems.

LiveChat. LiveChat is available by clicking the Live Help button on our website. This gives you the ability to immediately contact one of our representatives.

Phone. In the unlikely event that you experience a service interruption, we ask that you immediately call our support team and report the issue.

Support Hours

Acceptable Use Policy

Purpose

This Acceptable Use Policy ("AUP") discusses expectations we have for you and your obligations when using our Services. NerdyTechs, Inc. is in the business of facilitating communication between computer networks. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses.

Appropriate Use of NerdyTechs Services

Intellectual property rights are respected. Please see the terms of our Digital Millennium Copyright Act (DMCA) Policy for the process to notify us regarding potential intellectual property rights infringement. You are required to comply with U.S. laws governing copyrights, trademarks, patents, and other laws governing your use of the Services and intellectual property.

Prohibited Uses

Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with over five hundred (500) recipients and you may not send an email to more than five hundred (500) recipients.

Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. The following activities are strictly prohibited:

Child Pornography

NerdyTechs takes a strong zero tolerance stance on child pornography, content perceived to be child pornography or child exploitative content. Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.

Refund & Billing Policy

AUTOMATIC RENEWAL

Package Renewal. ALL HOSTING PLANS AND DOMAIN NAMES ARE SET TO AUTOMATICALLY RENEW ON THEIR RENEWAL DATE AFTER THE INITIAL TERM AND ANY RENEWAL TERMS TO PREVENT ANY DISRUPTION IN THE SERVICES. YOUR NEXT RENEWAL DATE IS LOCATED ON EVERY INVOICE AS WELL AS THE SERVICES AND DOMAINS SECTIONS OF THE CLIENT PORTAL.

Domain Name Renewal. Domain names are set to AUTOMATICALLY RENEW ten (10) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires.

Failure to Renew. Accounts that have invoices which are more than fourteen (14) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that have invoices more than two months overdue are considered abandoned and will be subject to termination.

Responsibility for Payment

You are responsible for all charges, costs, expenses and other fees (the "Fees") associated with your use of the Services once our Services are made available to you. Your first invoice is generated at the time you purchase the Services. An invoice for any Renewal Term is generated fourteen (14) days prior to the first day of the Renewal Term.

Anytime Money Back Guarantee

Certain Hosting Services carry an unconditional thirty (30) day satisfaction guarantee. To cancel your Hosting Services and receive a refund of our fees, you must contact us via the Client Portal within thirty (30) days from the Effective Date and a refund will be issued.

If you cancel after thirty (30) days from the Effective Date, you will be re-billed at the regular price of our Services (as opposed to any discounted price) and only the difference between the prepaid amount and the re-billed regular price will be refunded.

All third party fees, including domain registration fees, setup fees and migration fees, are non-refundable, non-negotiable and excluded from our Anytime Money Back Guarantee. Further, SSL certificates have a seven (7) day refund window from time of purchase.

Refunds

Accounts that are terminated due to Terms of Service violations are not eligible for a refund. Domain registrations, setup fees and migration fees are not refundable. Service credits have no cash value and are extended at our discretion. Service credits expire if your account is fully terminated.

Payment Methods; Currencies

We accept payment via Visa, MasterCard, Discover, American Express, JCB, Diner's Club, PayPal, 2Checkout, Skrill, PayULatam, CCAvenue, UnionPay, check, money order, and wire transfers. By providing us with your account payment information, you give us consent to charge you on the Due Date of any invoices linked to the account.

Billing Errors; Chargebacks

If you discover an error on your invoice please notify us as soon as possible. We will honor invoice errors as long as we are notified of them within ninety (90) days. If more than ninety (90) days have elapsed we may decline the refund request.

Any received chargebacks will incur a fifty dollar ($50) investigation fee on the associated billing account and all services will be immediately suspended pending investigation.

Privacy Policy

Purpose

The nature of internet business requires us to collect information from Users. While this policy is entitled a "privacy policy," it discusses all of the ways in which we use information collected directly or indirectly from our Users, including personally-identifiable information gathered by us ("PI") and other anonymous information ("AI") (collectively, "Information").

Acceptance of the Policy

You accept this Privacy Policy by using our website (located at: www.nerdytechs.com), placing an order for Services with us or joining our email list.

Information that we Collect; Use of Information

Generally. We may use PI as required or permitted by law, including in response to service of legal process (court order, summons, subpoena, and the like). We may disclose PI to law enforcement or regulatory authorities as part of an investigation into activity at the Site.

Information contained in your customer record. Your name, address, and telephone number are used to process and ship orders, to send you marketing or transactional communications, to provide customer service, to provide advertising or marketing content, to offer promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

Anonymous Information. We collect AI regarding your use of the Site, such as computer-related information (browser type you used, your Internet Protocol address, last URL visited, and the date and time of day of your login). We send a "cookie" or "pixel tag" to your computer which contains an identification number that is unique to the computer you are using.

Your Access to and Ability to Change PI

You may request access, updating and corrections of inaccuracies in your PI by contacting us. For security purposes, we may request PI from you in connection with such access. You may also: (i) modify your information through your control panel in your account, or (ii) ask that information regarding your inquiries be deleted by contacting us through our contact form.

Deleting and Retention of PI

You may request that we delete your PI, and we shall attempt to accommodate such requests. However, we may retain and use PI for such periods of time as required or permitted by law or best business practices.

Security

We have implemented technical, physical and administrative safeguards designed to protect PI against loss and against unauthorized access, use, and disclosure. Passwords are stored on our server in encrypted form. We have personal information retention processes designed to retain personal information as necessary for the purposes stated above or to otherwise meet legal requirements.

Information about Children

We do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian believes that their child under the age of 13 has provided us with personally identifiable information, they should contact us.

Privacy Complaints

NerdyTechs complies with the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.

Contact for Privacy Concerns

NerdyTechs, LLC.
Attn: Privacy Policy
2400 Crownpoint Executive Drive Suite 300
Charlotte, NC 28227
USA