Effective as of:
May 15, 2007

microNERD ("The Company") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").

microNERD reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether microNERD has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.

Contact Information
You agree to provide microNERD with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to microNERD in order to receive or to continue receiving services. Further, you agree to provide microNERD with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.

Payments and Fees
Establishment of this service is dependent upon receipt by microNERD of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa and MasterCard), and PayPal. Paypal payments must be submitted to billing@microNERD.com.  Clients are responsible for any additional transaction fees that coincide with any payment methods.

microNERD reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client's services or their entire account with microNERD.  Credit cards that are declined for any reason are subject to Account Suspension.

Service will be interrupted on accounts that reach 7 days past due. Service will be canceled and deleted on accounts that reach 14 days past due.  If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. microNERD reserves the right to keep a service deactivated until funds paid have cleared.

Account Cancellation
Client must submit service cancellations by opening a ticket through our help desk at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our help desk. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

Bandwidth
Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. microNERD will monitor Client's bandwidth usage and will provide RTG graphs of bandwidth usage for Client to review in the microNERD control panel. microNERD shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in microNERD's sole and absolute discretion. microNERD believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable.

Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic are counted.

In the event that a customer exceeds the included allocation, microNERD may, at its sole discretion, collect a deposit in the amount of $0.75 per GB for the projected overage for the month, immediately against customer's credit card on file with microNERD.

Client agrees to pay microNERD any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.75 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the account and services to suspension.

Unused bandwidth allocations cannot be carried over to future months, or applied to other accounts.

IP Allocations
All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.

SPAM and Unsolicited Commercial Email (UCE)
microNERD takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of microNERD may not use or permit others to use our network to transact in UCE. Clients of microNERD may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Violation of microNERD's email policy will result in severe penalties. Upon notification of an alleged violation, microNERD will initiate an immediate investigation (within 48 hours of notification). During the investigation, microNERD may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our email policy, microNERD may, at its sole discretion, restrict, suspend or terminate customer's account. Further, microNERD reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. microNERD will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that microNERD personnel must spend to investigate the matter.

Weekly Server Maintenance
All of microNERD's servers are restarted weekly on Monday mornings at 03:30 CST.  The downtime will not exceed 5 minutes and does not count towards our 99.9% downtime guarantee.  Restarting the servers on a weekly basis allows us to maintain a 'clean' server environment and performance stability.

Refund and Disputes
All payments to microNERD are nonrefundable outside of our 30 day satisfaction policy. This includes the one time setup fee and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by microNERD according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

Damages
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of microNERD and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that microNERD shall not be liable for any damages arising from such causes beyond the direct and exclusive control of microNERD. Client further acknowledges that microNERD's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall microNERD be liable for any special or consequential damages, loss or injury.

microNERD is not responsible for any damages your business may suffer. microNERD does not make implied or written warranties for any of our services. microNERD denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by microNERD.

Non-Waiver
Client agrees that microNERD's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by microNERD of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice microNERD from exercising thereafter the same or other rights, remedies, or options.

Force Majeure
You agree that microNERD is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.

Assignment
Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of microNERD. microNERD may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Misc.
We reserve the right to refuse service to anyone at any time for any reason.

microNERD is not responsible for data integrity on equipment reclaimed for non-payment.

Texas residents agree to pay all taxes applicable to your account.

Anything not explicitly stated in this TOS is subject to interpretation at microNERD's sole and absolute discretion.

You, as microNERD's client, are solely responsible for the content stored on and served by your microNERD service.

Contact
Please direct all questions regarding this TOS to support@microNERD.com