Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Nodes Unlimited Inc., a DBA of Blooming Brands Inc.(“Nodes Unlimited,” “we,” “us,” or “our”). By creating an account, placing an order, or using any of our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

If you are entering into these Terms on behalf of a company or other organization, you represent that you have the authority to bind that organization, and “you” refers to that organization.

We provide the following services:

• Domain registration, transfer, and renewal
• Shared and NVMe web hosting
• Business email (Microsoft 365, Google Workspace, cPanel)
• Cloud VPS and server provisioning
• Related support and management services

Domain registrations are additionally subject to the policies of the relevant registry and of ICANN, including the Uniform Domain-Name Dispute-Resolution Policy. Certain services are provided using third-party infrastructure and remain subject to those providers’ terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate and current registration information and keep it up to date; inaccurate WHOIS or contact information may result in suspension or loss of a domain under registry rules. Notify us immediately at support@nodesunlimited.com if you suspect unauthorized access.

Services are billed in advance on the term you select. Unless you cancel before the renewal date, subscriptions renew automatically at our then-current rates, and you authorize us to charge your payment method on file. Domain renewals are subject to registry pricing, which may change without notice.

Fees are non-refundable except where expressly stated or required by law. Domain registration fees are non-refundable once a registration or transfer has been submitted to the registry. We may suspend or terminate services for non-payment after reasonable notice.

Your use of our services is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. We may suspend or terminate services that violate that policy, and for severe abuse — including phishing, malware distribution, or activity that threatens the stability or reputation of our network — we may act immediately and without prior notice.

You retain all rights to the content, data, and applications you host with us. You grant us only the limited license necessary to operate, store, back up, and transmit that content in order to provide the services.

You are responsible for maintaining your own backups. Any backup service we provide is offered as a convenience and is not a substitute for your own backup strategy. We are not liable for loss of data except as expressly set out in a written service level agreement.

We work to keep our services available and monitored around the clock, but we do not guarantee uninterrupted service. Scheduled maintenance, emergency maintenance, upstream provider incidents, denial-of-service attacks, and events outside our reasonable control may all cause downtime. Any uptime commitment applies only if it is stated in a written service level agreement signed by us, and the remedies in that agreement are your sole and exclusive remedy for downtime.

Our services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all implied warranties, including the warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the services will be free of viruses or other harmful components, or that any particular performance, uptime, or business result will be achieved.

To the maximum extent permitted by law, the total aggregate liability of Nodes Unlimited, its officers, directors, employees, and contractors, arising out of or relating to these Terms or your use of our services, shall not exceed the greater of (a) the total amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).

We shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation lost profits, lost revenue, lost business opportunities, loss of goodwill, loss or corruption of data, or business interruption, even if we have been advised of the possibility of such damages. This limitation applies regardless of the legal theory on which a claim is based, whether contract, warranty, tort, negligence, strict liability, or otherwise.

Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law. Because some jurisdictions do not allow the exclusion or limitation of certain damages, some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Nodes Unlimited, its officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your use or misuse of our services;
• your violation of these Terms, our Acceptable Use Policy, or any applicable law;
• your infringement of any intellectual property, privacy, or other right of a third party;
• any content, data, website, or application you host, transmit, or store using our services; or
• any dispute between you and a third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

You may cancel at any time from your dashboard or by contacting support; cancellation takes effect at the end of the current billing period unless stated otherwise. We may suspend or terminate your services for non-payment, for violation of these Terms or the Acceptable Use Policy, or where required by law or by an upstream provider or registry.

Following termination, we may delete your data after a reasonable period. You are responsible for exporting your data before your services end. Sections 6 through 13 survive termination.

These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Middlesex County, Massachusetts, before a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction. You and Nodes Unlimited each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Either party may instead bring an individual action in small claims court. You may opt out of this arbitration agreement by sending written notice to support@nodesunlimited.com within thirty (30) days of first accepting these Terms; opting out will not affect any other part of these Terms. If the class action waiver is found unenforceable, this arbitration agreement shall be void in its entirety, and disputes shall be resolved exclusively in the state or federal courts located in Middlesex County, Massachusetts, to whose jurisdiction both parties consent.

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Acceptable Use Policy and Privacy Policy, are the entire agreement between you and us regarding the services.

We may update these Terms from time to time. Material changes will be announced by email or by a notice on our website before they take effect, and your continued use of the services after that date means you accept the updated Terms.

Questions about these Terms can be directed to:

Nodes Unlimited Inc., a DBA of Blooming Brands Inc.
303 Pawtucket Blvd, Lowell, MA 01854, USA
support@nodesunlimited.com
+1-888-898-8008