miniNodes.com, miniNodes, LLC

Terms of Service Agreement

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, ACCEPTABLE USE, RULES AND REGULATIONS, AND ALL TERMS AND CONDITIONS OF OUR SERVICE.

Version 1.0.0, published February 16, 2014.

1.        Introduction and Acceptance of Terms

Welcome to miniNodes, a provider of hosted microservers for lease to end customers.  miniNodes’ website is located at www.miniNodes.com (the “miniNodes Site”).  We refer to the miniNodes Site and the software, hardware, and services made available by miniNodes as the “Service”, and we refer to the service collectively, as the “miniNodes Service”).  These Terms of Service (“Terms of Service”) set forth a binding agreement between you and miniNodes governing your use of the miniNodes Service.  These Terms of Service act as the end user license agreement (or “EULA”) governing your use of the Service.

In these Terms of Service, “miniNodes” means miniNodes, LLC, an Arizona Limited Liability Corporation.

Please read these Terms of Service carefully.  By using any of the miniNodes Service, or by creating a user account, you signify your acceptance of these Terms of Service, as they may be amended by miniNodes from time to time in its sole discretion.  You may only use the miniNodes Service and/or open an account if your acceptance of these Terms of Service is not prohibited by applicable law.  YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD.  If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Terms of Service.  If you do not agree to these Terms of Service, then you must cease using the miniNodes Service.  THESE TERMS OF SERVICE ARE GOVERNED BY THE LAWS SET FORTH IN SECTION 23.

2.        Payment Terms

Please refer to our Payment Terms for the payment terms, conditions and policies applicable to the services made available through the miniNodes Service.  By subscribing for, ordering and/or purchasing any service, you agree to be bound by and accept the Payment Terms.  The Payment Terms are subject to change without prior notice at any time, at miniNodes’ sole discretion.  You should review the Payment Terms each time you subscribe for, order and/or purchase any services offered by miniNodes.  The Payment Terms are incorporated into these Terms of Service by this reference.

3.        Privacy

miniNodes is committed to respecting your privacy rights.  All information about you including your Registration Information, and any information stored or transmitted in any way on the Service Applications or through the use of the miniNodes Service is subject to miniNodes’ Privacy Policy, which can be found here.  miniNodes’ Privacy Policy is incorporated into these Terms of Service by this reference.

4.        MiniNodes Service

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis.  You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.  You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

From time to time, miniNodes may offer new Services (limited preview services or new features to existing Services) in a pre-release version.  New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”.  If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) miniNodes reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) miniNodes may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience.  You acknowledge and agree that we may use your feedback for any purpose, including product development purposes.  At our request you will provide us with comments that we may use publicly for press materials and marketing collateral.  Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by miniNodes; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to miniNodes; (ix) The Beta Services are provided “as is”, “as available”, and “with all faults”.  To the fullest extent permitted by law, miniNodes disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

5.        General Rules of Conduct

You acknowledge and agree that:

  1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  3. You will not use this Site or the Services in a manner (as determined by miniNodes in its sole and absolute discretion) that:
  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding miniNodes or miniNodes’ Services.
  1. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by miniNodes.
  2. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  3. You will not access miniNodes Content (as defined below) or User Content through any technology or means other than through this Site itself, or as miniNodes may designate.
  4. You agree to back-up all of your User Content so that you can access and use it when needed.  miniNodes does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  5. You will not re-sell or provide the Services for a commercial purpose, including any of miniNodes’ related technologies, without miniNodes’ express prior written consent.
  6. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  7. You are aware that miniNodes may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow miniNodes, in its sole discretion, to record the entirety of such calls regardless of whether miniNodes asks you on any particular call for consent to record such call.  You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which miniNodes is a party.

miniNodes reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

6.        Your Use Of miniNodes Content and User Content

In addition to the general rules above, the provisions in this Section apply specifically to your use of miniNodes.

Content and User Content posted to miniNodes’ corporate websites (i.e., those sites which miniNodes directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

miniNodes Content: Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“miniNodes Content”), are owned by or licensed to miniNodes in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws.  miniNodes Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of miniNodes.  No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.  miniNodes reserves all rights not expressly granted in and to the miniNodes Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.

User Content: Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, technical, application, artistic, musical, or other content, including but not limited to source code, executable code, server software, photos and videos (together with User Submissions, “User Content”).  User Content includes all content submitted through your Account.  By posting or publishing User Content to this Site or to the Services, you represent and warrant to miniNodes that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

Security.  You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any miniNodes Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the miniNodes Content or the User Content therein.

You understand that all data, information, text, images, software, sounds, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, on the Service Applications or through the use of any of the miniNodes Service, are the sole responsibility of the person posting or transmitting such Content.  You, and not miniNodes, are entirely responsible for all Content that you upload, post, email, transmit, distribute or otherwise make available on the Service Applications or through the use of any of the miniNodes Service or that is provided or transmitted through your account.  You acknowledge that you will have the burden of proving that any such Content does not violate any laws or infringe any third party rights.

miniNodes does not control user-generated Content posted on or through the Service Applications or transmitted through the use of any of the miniNodes Service and, as such, does not guarantee the accuracy, reliability or quality of such Content.  You understand that by using the Service Applications or using any of the miniNodes Service, you may be exposed to user-generated Content that you may consider to be offensive, indecent or objectionable.  Under no circumstances will miniNodes be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any user-generated Content, or any loss or damage of any kind incurred as a result of the use of any user-generated Content posted, emailed, transmitted or otherwise made available on or through the Service Applications or through the use of any of the miniNodes Service.  You agree that miniNodes may, in its sole discretion, refuse to post, store or transmit any Content submitted by you and may move, remove, edit or modify any such Content for any reason at any time.

You acknowledge, consent and agree that miniNodes may access, preserve and disclose account information and/or Content that you provide if miniNodes is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Service, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of miniNodes, its employees, partners and agents or members of the public.  By posting, displaying or performing Content on or through the Service Applications or transmitting or otherwise distributing Content through the use of any of the miniNodes Service, you grant miniNodes and its affiliates, successors and assigns, a perpetual, irrevocable royalty-free, worldwide, non-exclusive license to use, reproduce, distribute, transmit, display, publicly perform, edit, translate and reformat such Content in connection with the operation of the Service Applications and/or performance of the miniNodes Service for you by miniNodes or any of its affiliates, successors, assigns or agents.  You will not be compensated for any Content that you provide.  You agree that miniNodes may publish or otherwise disclose your name in connection with your Content.  By posting, displaying or performing Content on or through the Service Applications or transmitting or otherwise distributing Content through the use of any of the miniNodes Service, you represent and warrant that you own the rights in such Content or are otherwise authorized to post, display, perform, transmit or distribute the Content.

7.        Monitoring Of Content

miniNodes generally does not pre-screen User Content (whether posted to a website hosted by miniNodes or posted to this Site).  However, miniNodes reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.  miniNodes may remove any item of User Content (whether posted to a website hosted by miniNodes or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by miniNodes in its sole and absolute discretion), at any time and without prior notice.  miniNodes may also terminate a User’s access to this Site or the Services found at this Site if miniNodes has reason to believe the User is a repeat offender.  If miniNodes terminates your access to this Site or the Services found at this Site, miniNodes may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

miniNodes reserves the right to manage the miniNodes Service in a manner that it believes best benefits its users and best enables it to maintain the miniNodes Service.  miniNodes reserves the right to discontinue any portion or all of the miniNodes Service, or to terminate or suspend the account of any person that, in miniNodes’ experience and sole determination, cause or result in disruptive usage patterns or, with respect to individual account holders, otherwise use the miniNodes Service in a manner that is not consistent with normal use.  You should not share your miniNodes account with anyone.

miniNodes expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason as determined by miniNodes in its sole and absolute discretion, including but not limited to the following: (i) to correct mistakes made by miniNodes in offering or delivering any Services, (ii) to protect the integrity and stability of, and correct mistakes made by miniNodes, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of miniNodes, its officers, directors, employees and agents, as well as miniNodes’ affiliates, including, but not limited to, instances where you have sued or threatened to sue miniNodes.

miniNodes expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

miniNodes expressly reserves the right to terminate, without notice to you, any and all Services where, in miniNodes’ sole discretion, you are harassing or threatening miniNodes and/or any of miniNodes’ employees.

You will comply with all applicable laws, statutes, ordinances and regulations in your use of the miniNodes Service.  miniNodes may immediately terminate your account, or suspend access to your account, in its sole discretion and without notice, for conduct that miniNodes reasonably believes is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Service or any other policies or guidelines posted on or through the Service Applications, or (iii) harmful to other users, third parties, or miniNodes’ business.  Use of your account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice.  In addition, miniNodes may terminate your account if you file any claim against miniNodes, or any claim which in any way involves miniNodes.  Upon miniNodes’ termination of your account for any of the forgoing reasons, (a) you may not establish a new account for a period of one (1) year from the date of termination, (b) miniNodes will have no obligation to notify any third parties regarding such termination, and (c) you will be responsible for any damages that may result or arise out of termination of your account.  You agree not to:

  • upload, post, email, transmit, display on or through the Service Applications or make available through the use of any of the miniNodes Service: (a) any Content that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct, (b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (c) any Content that infringes or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity, (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, or (e) any material that contains any virus, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
  • use any of the miniNodes Service to (1) harm minors in any way, (2) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (3) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service, (4) intentionally or unintentionally violate any applicable local, state, national or international law, or any rule or regulation having the force of law, (5) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization, or (6) stalk or otherwise harass another
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed on or through the Service Applications or transmitted through the use of any of the miniNodes Service;
  • remove any proprietary notices from the Service Applications;
  • cause, permit or authorize the modification, creation of derivative works, or translation of any Content displayed on or through the Service Applications or transmitted through the use of any of the miniNodes Service without miniNodes’ prior written consent;
  • attempt to hack the Service Applications, or to defeat or overcome any encryption technology or security measures implemented by miniNodes with respect any of the miniNodes Service and/or data transmitted, processed or stored by miniNodes;
  • attempt to harvest or collect any information about or regarding other users of any of the miniNodes Service, including, but not limited to any personal data or information;
  • engage in web scraping, database scraping or any other activity for the purpose of obtaining Content, data or other information from the Service Applications for any purpose other than the use of the miniNodes Service as expressly permitted by these Terms of Service;
  • perform any meta-search or automated queries of the Service Applications or of any of the Content;
  • interfere with or disrupt any of the miniNodes Service or servers or networks connected to or operated with any of the miniNodes Service, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with any of the miniNodes Service; and/or
  • engage in any action or activity in violation of the Abuse Policy, or any other terms, conditions and policies, set forth in these Terms of Service.

8.        No Spam; Liquidated Damages

No Spam.  We do not tolerate the transmission of spam.  We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse.  Customers suspected to be using our products and services for the purpose of sending spam are fully investigated.  If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.  Our spam abuse complaint center can be reached by email at support@mininodes.com.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender.  This can include, but is not limited to, the following:

i.            Email Messages

ii.            Newsgroup postings

iii.            Windows system messages

iv.            Pop-up messages (aka “adware” or “spyware” messages)

v.            Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

vi.            Online chat room advertisements

vii.            Guestbook or Website Forum postings

viii.            Facsimile Solicitations

ix.            Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above.  In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy.  Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages from the sender specifically.  They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax.  Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any miniNodes microserver, web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days.  The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf.  We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated.  In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the microserver, account, hosting and or email boxes associated with the domain name in question.

We encourage all customers and recipients of email generated from our products and services to report suspected spam.  Suspected abuse can be reported through email.

Email: support@mininodes.com

Liquidated Damages.  You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.  In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

9.        Accounts and Security

To access the Service Applications or use certain aspects of the miniNodes Service, you will be directed to create a user account by providing certain information about yourself.  As part of miniNodes’ stand-alone registration process, you will be asked to submit, among other things, your email address and to select a password.  You agree that all information you provide to miniNodes for purposes of creating an account (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information will constitute a breach of these Terms of Service and may result in the immediate termination of your account.

You will (i) promptly update your Registration Information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your log-in credentials, and (iii) properly exit from your account at the end of each session.  You will not (a) select or use the email address of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address that is profane, offensive or otherwise inappropriate, or (d) allow any other party to use your account and/or password.  You agree to notify miniNodes immediately of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your user name or password log-in details.  You understand and agree that you will be liable for all activities that occur under any account created for your use, even if such activities were not committed by you.  miniNodes is not responsible for any loss or damage as a result of someone else using your account or password with or without your knowledge.

10.    Termination

You agree that miniNodes, in its sole discretion and without notice or liability to you, may terminate or suspend your use of, or access to, the Service Applications or any of the miniNodes Service at any time if miniNodes believes in good faith that you have violated or acted inconsistently with any provision of these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that miniNodes reasonably determines to be inappropriate or unacceptable.

miniNodes may in its sole discretion, and at any time, discontinue providing the miniNodes Service, or any part thereof, without notice to you.

11.    Trademark and/or Copyright Claims

miniNodes supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact miniNodes support at support@mininodes.com, so that we may investigate the claim.

Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit miniNodes to locate the material, (iv) information reasonably sufficient to permit miniNodes to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

In the event of any copyright or other intellectual property infringement claim, you acknowledge and agree that as between miniNodes and any provider of a mobile application platform, miniNodes, and not any provider of a mobile application platform, will be solely responsible for the investigation and discharge of any such claim.

12.    Proprietary Rights

All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Service Applications and through the miniNodes Service are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties.  Each such third party expressly reserves all rights into such intellectual property.  Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to miniNodes to enforce any of your rights in relation thereto.

13.    Limited License

miniNodes grants you a limited, non-exclusive and non-assignable license to access and use the miniNodes Service for your personal, non-commercial use, subject to all of the terms and conditions of these Terms of Service and not for redistribution of any kind.  miniNodes may make certain software, including, without limitation, the Service Applications, available to you through your use of the miniNodes Service.  The Service Applications are deemed licensed to you by miniNodes under a non-exclusive, non-assignable license for your personal, non-commercial, use only, and your use of such Service Applications is subject to these Terms of Service.  With respect to any mobile Service Application, this license is limited to the right to use the applicable mobile Service Application solely on a device that you own or control and as permitted by any usage rules made available from time to time by the applicable provider of a mobile application platform.  miniNodes does not transfer, and, as between you and miniNodes, retains all title to and ownership of the Service Applications and all intellectual property rights in the Service Applications.  You may not take any action to jeopardize, limit or interfere with miniNodes’ ownership of and rights with respect to the Service Applications.  You acknowledge that any unauthorized copying or unauthorized use of the Service Applications is a violation of these Terms of Service and is strictly prohibited.

Additionally, you may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual elements provided on or through the miniNodes Service, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, publicly display or perform, or in any way exploit any content, materials or individual elements provided on or through the miniNodes Service without miniNodes’ prior written consent, (iii) make any commercial use or any derivative use of any of the miniNodes Service or any of the content, materials or individual elements provided on or through the miniNodes Service, (iv) frame or utilize framing techniques to enclose any content, materials or individual elements provided on or through the miniNodes Service without miniNodes’ prior written consent, (v) use any circumvention tools or any metatags or other hidden text utilizing miniNodes’ name, trademark, URL or the name of any of the miniNodes Service without miniNodes’ prior written consent, or (vi) disassemble, decompile or reverse engineer the Software or any other materials made available on or through the miniNodes Service or used to provide any of the miniNodes Service.

14.    Warranty Disclaimers

You understand that the processing and transmission of communications relating to the use of any of the miniNodes Service may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices.  Therefore, you agree that miniNodes will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for display on or through the Service Applications or for transmission through the use of any of the miniNodes Service.

Please read the following – it is an important disclaimer:

The Service Applications, the miniNodes Service and all information and materials provided through the same are provided on an “as is” and “as available” basis without any warranty or condition, express or implied.  To the maximum extent permissible under applicable law, miniNodes, and each of its joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, specifically disclaim all implied warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement.  Further, no warranties will be implied by any course of dealing or course of performance.

miniNodes makes no representation or warranty that (i) the Service Applications or the miniNodes Service will meet your expectations or requirements, (ii) the Service Applications or the miniNodes Service will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Service Applications or the miniNodes Service will be accurate, timely, complete or reliable, (iv) any errors or defects in the Service Applications or the miniNodes Service will be corrected, or (v) the Service Applications and the miniNodes Service and/or the servers that make the Service Applications and the miniNodes Service available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components.  Operation of the Service Applications and the miniNodes Service may be interfered with by numerous factors outside of miniNodes’ control including, but not limited to, telecommunications network disruptions.  miniNodes is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Service Applications or the miniNodes Service.  You acknowledge that the entire risk arising out of the use, inability to use or performance of any of the miniNodes Service remains with you to the maximum extent permissible under law.  For the avoidance of doubt, no provider of a mobile application platform has any warranty obligation, or any obligation to provide maintenance and support services, with respect to any mobile Service Application or the miniNodes Service.  Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.  You acknowledge and agree that your sole remedy for any problems or dissatisfaction with any of the miniNodes Service is to terminate your account and discontinue use of the Service Applications and the miniNodes Service.

15.    Limitation of Liability

Please read the following – it is an important limitation of miniNodes’ liability:

To the maximum extent permissible under applicable law, in no event will miniNodes or its directors, officers, employees, agents, representatives, stockholders, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, or any of them, be liable with respect to the Service Applications, your use of the Service Applications or any other materials or services provided to you by miniNodes or any other subject matter of these Terms of Service, whether based on contract, tort, strict liability or other theory, for (i) any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or other device or any special, incidental, indirect or consequential damages, even if such parties have been advised of the possibility of such damages or if such damages were foreseeable, or (ii) the cost of procuring substitute goods, services or technology.  To the maximum extent permissible under applicable law, the aggregate liability of miniNodes and its directors, officers, employees, agents, representatives, stockholders, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, or any of them, to you or any third party in any circumstance will not exceed one hundred dollars ($100).

16.    Indemnity

You agree to defend, indemnify and hold miniNodes and its joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, together with their respective affiliates, successors, assigns, employees, consultants, agents, directors, officers, members and stockholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including attorneys’ fees and costs) that are attributable to your actions or fault and arise out of (i) your access, use or misuse of any of the miniNodes Service, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation or of any law, rule, regulation or rights of others in connection with your use of any of the miniNodes Service including, without limitation, infringement of anyone else’s intellectual property rights, or (iv) your use or disclosure of another person’s personal information including, without limitation, financial or credit information.  Without limiting the foregoing, you acknowledge that certain countries may require you to pay a use, sales, consumption, value added or other tax in connection with your use of the miniNodes Service.  The payment of any such tax, if required, is your responsibility.  The foregoing indemnity obligations will apply to any damages miniNodes may incur in connection with your failure to pay any such tax.

17.    Modifications

miniNodes may modify or update these Terms of Service at any time without notice.  Any additional or different terms in these Terms of Service will be effective upon being posted on the miniNodes Site.  It is your responsibility to review these Terms of Service periodically.  Your continued use of any of the miniNodes Service following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms.  miniNodes reserves the right to add, change, modify, suspend or discontinue all or any of the miniNodes Service, in its sole discretion, at any time.  Unless expressly stated otherwise, the use of any new or existing miniNodes Service, including the availability of services or products through the Service Applications, will be subject to these Terms of Service.  In addition, miniNodes may also impose limits on any of the miniNodes Service or restrict your access to portions or all of the Service Applications in its sole discretion without notice or liability.  miniNodes reserves the right to refuse to provide you with access to any of the miniNodes Service or to allow you to create a user account for any reason.

18.    Equitable Remedies

You hereby agree that miniNodes would be irreparably damaged if these Terms of Service were not specifically enforced, and therefore you agree that miniNodes will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as miniNodes may otherwise have available to it under applicable laws.

19.    Export Administration

You will comply fully with all relevant export laws and regulations of the territories in which the miniNodes Service is made available, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”).  Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Service Applications, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

20.    Miscellaneous

These Terms of Service, including the Privacy Policy, Payment Terms and any other terms and conditions governing the use of the Service Applications and the miniNodes Service incorporated herein or incorporating these Terms of Service, constitute the entire agreement between you and miniNodes with respect to your access and use of the Service Applications and the miniNodes Service and supersede all prior and contemporaneous agreements between you and miniNodes relating to the same subject matter.  Additionally, your use of any mobile Service Application may be subject to the terms of any applicable agreement published by a mobile application platform provider or your wireless carrier.  If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect.  miniNodes’ failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision and no waiver will be effective unless it is made in writing and signed by an authorized representative of miniNodes.  You and miniNodes expressly acknowledge and agree that the language governing these Terms of Service, and the Privacy Policy, Payment Terms and any other terms and conditions governing the use of the Service Applications and the miniNodes Service incorporated herein or incorporating these Terms of Service (collectively, the “Terms”), will be English.  In the event any litigation is brought by you or miniNodes in connection with these Terms of Service, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.  You acknowledge and agree that, although these Terms of Service are solely between you and miniNodes, miniNodes’ third party licensors, including, without limitation, its content providers (such as software creators, industry organizations and providers of data services) and its mobile application platform providers, are third party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, these third parties will have the right to enforce these Terms of Service as if they were original parties to this document.

The Service Applications may contain third party advertisements or promotions and/or links to other websites and applications (“Third Party Sites”).  miniNodes provides these advertisements, promotions and links as a convenience to you and the inclusion or display of any advertisement, promotion or link does not constitute or imply any affiliation, endorsement or sponsorship by miniNodes of any given advertiser or its products, or of any given Third Party Site or of any given content contained in the advertisement, promotion or Third Party Site.  miniNodes makes no guarantees about the accuracy, content or quality of the information, or of the products and services, provided by such advertisements, promotions or Third Party Sites and miniNodes assumes no responsibility for misleading, objectionable or inaccurate information, or for the products and services that may be obtained from or through such advertisements, promotions or Third Party Sites.  Your interaction or participation with any advertisement or promotion (or the third party sponsor thereof) or with any Third Party Site, whether on or through the Service Applications or any Third Party Sites, are solely between you and such third party and your interaction or participation is subject to the terms and conditions associated with that advertisement, promotion or Third Party Site.  You acknowledge and agree that miniNodes is not responsible or liable in any way, including for any loss or damage you incur, (i) as a result of your interaction or participation with any advertisement or promotion (or the third party sponsor thereof), whether on or through the Service Applications or any Third Party Sites, (ii) as a result of your activity or interaction on or with any Third Party Site, (iii) for any products or services, or your use thereof, that are the subject of any advertising or promotion, or (iv) for any content, advertising, products or services, or your use thereof, on or made available from any Third Party Sites.

21.    Governing Law; Jurisdiction

If you are using the miniNodes Service, the laws of the United States of America and the laws of the State of Arizona are applied, without regard to choice of law principles.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  All disputes arising out of or related to your use of the miniNodes Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona and you agree to submit to the personal jurisdiction and venue of such courts.

22.    Questions

If you have any questions about these Terms of Service or your rights or miniNodes’ obligations relating to any of the miniNodes Service, please email us at support@miniNodes.com

23.    Electronic Communications

You acknowledge and agree that by clicking on the “I AGREE” button (or similar buttons or links as may be designated by miniNodes to show your acceptance of the Terms of Service), you are entering into a legally binding contract.  You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the miniNodes Service.

 

 

 

 

miniNodes.com, miniNodes, LLC

Payment Terms Agreement

Version 1.0.0, published February 16, 2014.

1.        Introduction and Acceptance of Terms

These Payment Terms (the “Payment Terms”) set forth an agreement between you and miniNodes with respect to the subscription services and other paid services made available by miniNodes on or through the miniNodes Service.  miniNodes’ website is located at www.mininodes.com (the “miniNodes Site”).  We refer to the miniNodes Site, the software and the microserver hardware made available by miniNodes as the “Service”, and we refer to the Service and the service provided through the Service, collectively, as the “miniNodes Service”).  These Payment Terms supplement the Terms of Service governing your use of the miniNodes Service (the “Terms of Service”), which are incorporated here by reference.  Any capitalized terms used in these Payment Terms and not defined here will have the meanings set forth in the Terms of Service.

In these Payment Terms, “miniNodes” means either miniNodes, LLC, an Arizona corporation.

By using any of the miniNodes Service, you signify your acceptance of these Payment Terms, as they may be amended by miniNodes from time to time in its sole discretion.  You may only use the miniNodes Service if your acceptance of these Payment Terms is not prohibited by applicable law.  YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD.  If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Payment Terms.  If you do not agree to these Payment Terms, you will not be able to subscribe to the miniNodes Service or otherwise obtain other paid services made available by miniNodes from time to time, and your only remedy is to stop using the miniNodes Service.  These Payment Terms are subject to change without prior written notice at any time, in miniNodes’ sole discretion, and, once made available on the miniNodes Site, such changes will apply to any existing subscription or paid services, or any new subscription or other paid services.  You should review these Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by miniNodes.  You will be deemed to have accepted these Payment Terms, as amended, if you continue to use the miniNodes Service after any amendments are posted on the miniNodes Site.

2.        Minimum Requirements

To subscribe for or otherwise obtain paid services on or through the miniNodes Service, you must provide certain Registration Information and obtain a miniNodes account.  You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account.  miniNodes (or its principals, where miniNodes is acting as a sales agent) sells its products only to those users who can legally make purchases with a credit card or other form of payment accepted by miniNodes.  If you are under 18 years of age, you may conduct transactions on or through the miniNodes Service (such as the initiation of subscriptions) only with the involvement of a parent or guardian.  miniNodes reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.  In the event that miniNodes terminates your account for good reason due to a negligent breach or other violation of the Terms of Service or these Payment Terms, products and services purchased pursuant to these Payment Terms or the Terms of Service may be forfeited without any right to receive a refund.

3.        Acceptable Payment Methods

miniNodes accepts various forms of payment, as set forth on the miniNodes Site from time to time.  By subscribing for a service or otherwise submitting an order for other paid services available through the miniNodes Service, you authorize miniNodes, or its designated payment processor, to charge the account you specify for the purchase amount.  If miniNodes does not receive payment from your designated payment account, you agree to pay all amounts due upon demand by miniNodes.  All payments are to be made in the currency in which your order is placed.  For credit card purchases, miniNodes may seek authorization of your credit card or other payment format to validate your ability to charge the fees to access the applicable product or services prior to the first purchase.  The authorization amount is typically $1, but may vary.  This authorization is not a charge but may reduce your available credit by the authorization amount until your bank’s next processing cycle.

4.        Subscription Terms

4.1.       Payment; Renewal

By subscribing to the miniNodes Service (and one of the corresponding miniNodes subscription tiers), you authorize miniNodes to charge the applicable recurring subscription fees to your designated billing payment method.  In some cases, when you subscribe to a free trial of the miniNodes Service (and one of the corresponding miniNodes subscription tiers), you will be asked to authorize, and by accepting these Payment Terms you hereby expressly authorize, miniNodes to charge the applicable recurring subscription fees to your designated billing payment method upon the expiration of the free trial.  When you initially subscribe to the miniNodes Service, you will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription tier.  When you initially subscribe to a free trial of the miniNodes Service, you will be not charged for the initial term of the free trial.  Unless you notify miniNodes of your decision to terminate your subscription or, in some cases, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee.  You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiration of an applicable free trial) on your applicable billing date (the “Charge Date”) (e.g., on a particular date each month for a monthly subscription).  If, however, the activation date of your subscription (or, in some cases, your free trial) is on the 29th, 30th or 31st day of a month, and your Charge Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Charge Date for that particular renewal (or initial term, in the case of a renewal following the expiration of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be.  Each charge on the applicable Charge Date applies to the subscription period immediately following the Charge Date (e.g., a charge for a monthly subscription applies to the month immediately following the Charge Date).  Your microserver subscription may be deactivated without notice to you if payment is past due, regardless of the amount.  If miniNodes deactivates your microserver subscription, you may lose all of your data located in this microserver hardware.  You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription.  You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the miniNodes Site.

4.2.       Cancellation

4.2.1.      Paid Subscriptions

To cancel an ongoing paid subscription, please follow the process set forth in your account settings on the miniNodes Site.  Once you have cancelled your subscription, miniNodes will stop billing your applicable payment method until and unless you re-subscribe.  All of the fees paid and charges made prior to termination are nonrefundable, and accordingly, if you pay for the miniNodes Service pursuant to a monthly subscription, all subscription amounts previously paid (including the subscription amount for the month in which the cancellation occurs), shall be nonrefundable.  Termination of your subscription shall not relieve you of any obligations to pay accrued charges.  You agree that miniNodes, in its sole discretion, with or without prior notice, may freeze or terminate your use of the subscription service for any reason, including, without limitation, if miniNodes believes that you have violated these Payment Terms or the Terms of Service.  miniNodes may also in its sole discretion, and at any time, modify or discontinue providing the subscription service, or any part thereof, with or without notice.  Additionally, you agree that miniNodes shall not be liable to you or any third-party for any interference with, or termination of, your access to the subscription service.

4.2.2.      Free Trials

In most cases, if you subscribe to a free trial of the miniNodes Service, your trial subscription will automatically expire at the expiration of the trial period unless you affirmatively subscribe for a paid subscription prior to the expiration date.  If you have not provided miniNodes with billing information previously, you will need to do so at that time.  If your trial subscription expires and you do not subscribe to a paid subscription, you will still be able to access the miniNodes Site and use some of its features, however, you will no longer be able to, among other things, access the microserver subscription.  However, in some cases, if you subscribe to a free trial of the miniNodes Service, your trial subscription will automatically renew at the expiration of the trial period in accordance with the terms above unless you affirmatively terminate your subscription prior to the renewal date.

4.3.       Billing Authorizations for Free Trial Memberships

You may be required to provide an applicable billing payment method to register for a free trial offer to the subscription service provided on or through the miniNodes Service.  In that event, you agree that miniNodes may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue the subscription service.  It is possible that some financial institutions may perceive these requested amounts as actual pending charges.  These are not actual charges, and miniNodes will not be responsible for any results, such as an overdraft fee, that may occur to your account as a result of such authorizations.

4.4.       Additional Purchases during Free Trial Period

If you join a free miniNodes subscription service trial, you will not be billed for the free trial subscription service during the free trial period.  However, you will be billed for other services that you purchase separately from the free trial transaction.

4.5.       Subscription Service Rates; Right to Change Subscription Service Rates

Subscription fees for each respective subscription tier are as set forth on the miniNodes Site or on or through a given Service Application.  In some territories, miniNodes will be required to charge, and you agree to pay, applicable sales, use and other taxes in connection with your subscription to the miniNodes Service.  All subscription fees (and applicable taxes, if any) are subject to change on a prospective basis on prior notice from miniNodes sent to your designated email address or otherwise described on the miniNodes Site.  If you do not accept the new fees (and applicable taxes, if any), you should terminate your subscription immediately.

5.        Customer Service

For assistance with billing questions or other order inquiries, please refer to miniNodes’ help pages, or contact us via email at support@mininodes.com.

6.        Privacy

miniNodes cares about the privacy of its users.  For details, please refer to the miniNodes Privacy Policy.

7.        Miscellaneous

These Payment Terms, together with the Terms of Service and Privacy Policy, constitute the entire agreement between you and miniNodes regarding your use of the miniNodes Service.  In the event of a conflict between these Payment Terms and the Terms of Service, these Payment Terms will govern.

 

 

miniNodes.com, miniNodes, LLC

Privacy Policy

Version 1.0.0, published February 16, 2014.

1.        Introduction

miniNodes is committed to respecting the privacy rights and concerns of all users of the miniNodes service provided on or through the website located at www.mininodes.com (the “miniNodes Site”), or on or through the software and microserver hardware made available by miniNodes (we refer to the miniNodes Site, the software and microserver hardware made available by miniNodes as the “Service”, and we refer to the Service and the service provided through the Service, collectively, as the “miniNodes Service”).  miniNodes has established and implemented this Privacy Policy to help you make informed decisions when using the miniNodes Service.

In this Privacy Policy, references we make to “miniNodes” (and “we”, “us” and “our”) means miniNodes, LLC, an Arizona corporation.

This policy answers the following questions:

What information do we collect about you and how do we use it? What choices do you have about the collection and use of your personal information? Will we share your personal information with third parties? What security measures do we take to safeguard your personal information? Who can I contact if I have any questions about this Privacy Policy? By accessing or using the miniNodes Service, whether on or through the miniNodes Site, or on or through our Service, you consent to miniNodes’ collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy.  This Privacy Policy is effective as of the date set forth above and is only applicable to the miniNodes Service and not to any other website or service that you may be able to access from the miniNodes Site or our Service.

2.        Information We Collect

2.1.       Registration and Your Account Information

Personal Information means information that can be used to identify and contact you, such as your name, email address, date of birth and gender, as well as various transaction related information, such as billing address and credit card number or other payment information (“Personal Information”).

When you create an account, or access or use your account for purposes of accessing the miniNodes Service, we may require you to provide us with certain Personal Information.  You will also select a password for your account.  Your email address and password will be used together so you can securely access and maintain your account.

2.2.       Customer Service

We provide customer service support through email and through our support pages located at http://www.mininodes.com/support/.  In order to provide customer support, we may ask for your email address and other account information depending upon the nature of your support request.  We only use information received from customer support requests, including email addresses and other account information, for customer support services and we do not transfer or share information obtained from support requests with any third parties (other than service providers that may be assisting us in providing services to you).

2.3.       Cookies

Like many websites, we employ “cookies” in certain areas of the miniNodes Site to allow us to make your online experience more convenient.  Cookies are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive.  Each user is assigned a “cookie ID” from our miniNodes Site domain in connection with the registration process.  We use cookies, including your cookie ID, for the following purposes:

to store a user’s log-in identity and password and automatically populate the log-in fields for you when you re-access the miniNodes Site; to monitor irregular account behavior and implement fraud protection rules; and to generate and compile anonymous, aggregated statistics that allow us to understand how users navigate our site and to help us improve it.  You may refuse the use of cookies by selecting the appropriate settings on your browser; however, if you do this, you may not be able to use the full functionality of the miniNodes Service.

3.        How We Use Your Information

As a general matter, we use the information that you provide to us to process your user registration, and to provide, enhance and personalize the miniNodes Service.  We use the information automatically collected by our servers to monitor and analyze how users use the miniNodes Service, and to maintain and improve the miniNodes Site, the Service, and the miniNodes Service.

Specifically, we use the information that you provide to us to:

a) send you emails and newsletters (or otherwise communicate with you through the miniNodes Service) for the purpose of keeping you updated about (i) the miniNodes Service in general, (ii) new products available on or through the miniNodes Service, and (iii) the features and functionality of the miniNodes Service, the miniNodes Site and our Service (including, without limitation, information about available software and microserver hardware or miniNodes Service upgrades or updates); b) send you emails and newsletters (or otherwise communicate with you through the miniNodes Service) for the purpose of offering you upgrades, content and additional services for you to access or purchase; c) provide you with a more personalized experience based on your personal information; d) make available to you, and bill you for, your access to the miniNodes Service (including, without limitation, verifying the authorization of your credit card or other payment method before any initial subscription or individual purchase); e) track your use of the miniNodes Service, including without limitation, to track your access and usage of the miniNodes Service; f) communicate with you regarding your account and any customer service matters that may arise; g) respond to or confirm your requests or activity on the miniNodes Service; h) ask you to participate in surveys that help us make the miniNodes Service better; i) provide you with targeted advertising, promotions and special offers; j) better understand how our miniNodes Service is being used; k) notify you of issues with the miniNodes Service and/or unusual account actions (i.e., password resets); and l) notify you and warn you of inappropriate conduct, and if necessary, to inform you of the suspension or termination of your account.  You may unsubscribe from receiving future emails at any time (see “Opting Out of Receiving Communications from Us” below).

We will use your Personal Information to verify your credit card or other payment information, and we will use your credit card or other payment information to allow you to pay for any subscription services you purchase.

Additionally, we may use personal information that you provide, or that we learn about you to otherwise improve your use of the miniNodes Site and the miniNodes Service.  We will also use this information to help us quickly and efficiently respond to inquiries and requests, and otherwise enhance our miniNodes Service offering for our users.

4.        Your Choices about the Collection and Use of Your Personal Information

4.1.       Opting Out of Receiving Communications from Us

If, at any point in time, you are not interested in direct marketing emails from us, you will be able to opt-out of receiving them by clicking on the specified link in any given email communication or by modifying your personal settings.  Please note that you may not be able to unsubscribe from certain non-marketing related correspondence from us, including messages relating to your miniNodes account.

4.2.       Control of Your Information

You may have the right to access, update and correct inaccuracies in your personal information in our custody or control, subject to certain exceptions prescribed by law.  You can access and update most of your personal information through the use of the miniNodes Site.  You may also request access, updating and correction of inaccuracies in other personal information we have in our custody or control by using the contact information provided below.  To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting you access or allowing you to make any corrections or updates.  You are responsible for maintaining the secrecy of your password and account information at all times.

5.        Sharing Of Information with Third Parties

We will not sell or rent your email address or any of your personal information.  However, to operate the miniNodes Service, we may share your information in the following ways:

5.1.       As Aggregated Data

We will share aggregate statistical and demographic information, which does not personally identify you, about our users and their use of the miniNodes Service (including on the miniNodes Site or through our Service) with suppliers of advertisements and potential affiliate partners.  We may also disclose and otherwise use non-personally identifiable information about users.  None of the above would include information that could be used to identify you or to discover individual information about you.

5.2.       With Service Providers

We do from time to time use third parties to manage portions of the miniNodes Service, facilitate our business (e.g. by hosting our servers or providing payment processing services to us), manage communications with you, or otherwise provide services to us in connection with the miniNodes Service (“Service Providers”).  Where these Service Providers process information on our or your behalf, we require these third parties to comply with the provisions of this Privacy Policy, to the extent applicable, and require that they maintain reasonable security measures and do not use your information for any purpose other than to provide their services to us.

Your personal information may be transmitted to and from, and maintained and processed by our affiliates and other third parties who provide services on our behalf in the U.S. or other jurisdictions.

5.3.       As Otherwise Required

We will share personal information we collect from you if we believe it is reasonably necessary to make the miniNodes Service available, legally required, or otherwise permitted by you.  For example:

5.3.1.      Protection of rights

We will share personal information if:

a) we have reason to suspect that unlawful activity has been, is being or may be engaged in, and use or disclose the Personal Information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; b) the use or disclosure is required or authorized by or under law; c) we reasonably believe that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body: (i) the prevention, detection, investigation, prosecution or punishment of criminal offenses, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; (ii) the enforcement of laws relating to the confiscation of the proceeds of crime; (iii) the protection of the public revenue; (iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; (v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal; d) we have a good faith belief the use or disclosure is: (i) appropriate to enforce the Terms of Service and Payment Terms for the miniNodes Service, including any investigation of potential violations thereof; (ii) necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the miniNodes Service; (iii) appropriate to protect the rights, property or safety of miniNodes, its employees, users of the miniNodes Service or others.

5.3.2.      Asset transfers

If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our or our affiliates’ assets or voting securities, user information, including personal information collected from you through your use of the miniNodes Service, may be included in the transferred assets or securities.  Should such an event occur, we will use reasonable means to notify you, either through email and/or prominent notices on the miniNodes Service.

5.3.3.      Investigations

You hereby grant miniNodes and its representatives the right to access your account and records as necessary to investigate any use of the miniNodes Service including, but not limited to, alleged violations of applicable laws and regulations, abuse, and/or harassment.

6.        Security

The personal information you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information, including firewalls, password encryption and other password protection features.  In addition, we restrict access to personal information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the miniNodes Service.  All miniNodes personnel who have access to this information are trained in the maintenance and security of such information.  Any bank account information and other user sensitive information you supply us is transmitted and protected via Secure Socket Layer technology (“SSL”) and HTTPS protocol and then stored into our databases using industry standard encryption methods to be accessed only as stated above.

No server, computer or communications network or system, or data transmission over the Internet or mobile service can be guaranteed to be 100% secure, however.  As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any aspect of the miniNodes Service and we accept no liability for any breach of security or any unintentional disclosure, loss or misuse of any such information or data or for the actions of any third parties that may obtain any such information or data.  You acknowledge and agree that you provide such information and engage in such transmissions at your own risk.  Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

We continue to store your personal information for so long as it is necessary to provide you our miniNodes Service and periodically destroy old personal information in accordance with our company policies, including when it is no longer necessary in order to offer you the miniNodes Service.  In most cases, we will keep one archival copy of your information to allow us to comply with laws or respond to legal processes.

7.        Children’s Privacy

The miniNodes Service is intended for users age 18 or older.  If you are under 18, you may only use the miniNodes Service if you have obtained the consent of your parent(s) or other legal guardian.  By using the miniNodes Service, you warrant that you are age 18 or older or have obtained such consent.

Notwithstanding the foregoing, the miniNodes Service is expressly not intended for children under the age of 13.  We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13.  We will close any accounts used exclusively by such children and will remove and/or delete any Personal Information we believe was submitted by any child under the age of 13.

8.        Special Note to Users Outside Of the United States

The miniNodes Service is hosted in the United States.  If you are a user accessing the miniNodes Site (or our other Service) from the European Union, Australia, New Zealand, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the miniNodes Service, which is governed by U.S. law, this Privacy Policy, our Terms of Service and our Payment Terms, you are transferring your personal information to the United States and you hereby consent to the transfer of such information outside of the country where you are located.

European Commission’s Directive on Data Protection – Safe Harbor

miniNodes and the applicable third parties with which it transacts adhere to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission’s Directive on Data Protection.  For more information, please visit http://www.export.gov/safeharbor

9.        Terms of Service

Please read our Terms of Service and Payment and Subscription Terms which, together with this Privacy Policy, govern your use of the miniNodes Service.

10.    Changes and Updates to Privacy Policy

This Privacy Policy may be revised periodically and this will be reflected by the date above.  Please revisit this page to stay aware of any changes.  In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received the personal information you provided.  Your continued use of the miniNodes Service constitutes your agreement to this Privacy Policy and any future revisions.

11.    Questions? Contact Us

It is extremely important to us that your privacy is treated with the utmost respect.  If you have any concerns, questions, or ideas on how we can do a better job at this, please let us know by emailing support@mininodes.com.

Copyright © 2014 miniNodes, LLC All Rights Reserved.