CrankyNerds Terms of Service

  1. Acceptance of the Terms of Service:
    These Terms of Service ("Terms") govern your access to and use of CrankyNerds services ("Services"). By accessing or using the Services, or by clicking a box that states you accept or agree to these Terms, you signify your agreement to be bound by these Terms and all terms incorporated by reference. If you do not agree to all of these Terms, do not access or use the Services. By using our services, you also agree to be bound by our Service Level Agreement (SLA), which details our uptime goal among other commitments to service quality.

  2. Modification of the Terms of Service:
    CrankyNerds reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior notice. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes.

  3. Eligibility:
    The Services are available to any individual or entity worldwide who can form legally binding contracts under applicable law and who accept these Terms. By using the Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms.

  4. CrankyNerds’s Intellectual Property Rights:
    All content on our website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the exclusive property of CrankyNerds and is protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without express written permission by us. Additionally, CrankyNerds will not utilize any customer's intellectual property hosted on our service unless explicitly authorized by the customer in a separate agreement.

  5. Prohibited Uses:
    You agree not to engage in any activity that violates our Acceptable Use Policy (AUP) or these Terms. You agree not to use the Services for any unlawful purposes, or in any way that interferes with CrankyNerds’s ability to provide high-quality Services to other customers, prevents or restricts other customers from using the Services, or damages any CrankyNerds's or other customers' property. If CrankyNerds finds that you are using our services for anything deemed inappropriate or that violates the AUP, CrankyNerds reserves the right to suspend or terminate your account.

  6. Third-Party Sites, Products, and Services:
    CrankyNerds may provide links to third-party websites for your convenience and to provide further information. Such linked websites are not under the control of CrankyNerds, and CrankyNerds is not responsible for the contents of any linked website or any link contained in a linked website. The inclusion of any link does not imply endorsement by CrankyNerds.

  7. Disclaimer of Warranties; Limitation of Liability:
    To the fullest extent permitted by law, CrankyNerds, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof. You expressly understand and agree that your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "as available" basis. Please refer to our Service Level Agreement (SLA) for more information about your rights and our obligations regarding our Services.

  8. Indemnification:
    You agree to indemnify and hold harmless CrankyNerds, its parent, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered directly or indirectly as a result of using any of the Services.

  9. Dispute Resolution:
    Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. CrankyNerds shall have the final authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.

  10. Export Control:
    The use, export, re-export, and import of CrankyNerds Services and Products are controlled by the United States export control laws, and such Services and Products may not be exported or re-exported to certain countries or to persons or entities prohibited from receiving U.S. exports.

  11. Governing Law:
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California, county of San Bernardino, without regard to its conflict of law provisions.
  12. Severability:
    If any provision of these Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of the Terms will not be affected in any way.
  13. Termination of Services:
    Customers may terminate any services on their account at any time by logging in to and managing their active services. Termination of services happens at the end of the current billing cycle. Data is retained in its active and available state until the service is terminated, after which all data except backups will be deleted. Backups, if available, are not guaranteed and are only available to customers with active hosting services to receive restored backups on. We will not retrieve any files or data a customer failed to secure before termination.
  14. Data Protection:
    CrankyNerds employs industry-standard data protection practices to protect your data. However, we are not responsible for any loss of data, and recommend users maintain their own backups.
  15. Payment Terms:
    CrankyNerds aims to provide a stress-free experience for our customers. We are flexible with payments and though we may automatically shut down services for missed bill payments, we may be contacted with notice of expected late payments so that you may continue enjoying our services without interruptions, as long as payment is made as soon as possible.
  16. Force Majeure:
    CrankyNerds shall not be deemed in breach of these Terms if we are unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of CrankyNerds or any local, state, federal, national or international law, governmental order or regulation or any other event beyond CrankyNerds' control (collectively, "Force Majeure Event"). Upon the occurrence of any Force Majeure Event, CrankyNerds shall give notice to the customer of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.