HostingDude.com Good as Gold Prepaid Services End User License Agreement
This HostingDude.com Good As Gold Prepaid Services End User Agreement ("Agreement") is by and between HostingDude.com ("HostingDude.com"), a/an individual, and you, your heirs, agents, successors and assigns ("You" or "Your") and is made effective as of the date of electronic execution. HostingDude.com and Domain Services will be referred to collectively herein as the "Company." By using the Good As Gold Prepaid Services (the "Prepaid Services"), You agree to be bound by the terms and conditions set forth herein. You further agree that this Agreement may be amended from time to time and You agree to be bound by any new, different or additional terms the Company may adopt from time to time. You may view the current version of this Agreement at any time here.
1. service details
With the Prepaid Services of the Company, You can transfer funds to the Company in advance and use the balance of Your Prepaid Services Account ("Account") as you please. You can use Your Account to purchase any of the services of the Company, including domain names and related services, hosting, email, software, or applications.
You acknowledge that funds transferred to Your Account will be held in an account by the Company, which will not accrue or pay interest for Your benefit. To the extent interest may accrue, if any, You understand and agree that the Company shall be entitled to receive and keep any such amounts to cover costs associated with the Prepaid Services.
You acknowledge that all transactions using Prepaid Services will be conducted in US Dollars and that it is Your responsibility to arrange for foreign currency translations prior to funding Your Account. Wire transfers received by the Company in foreign currencies will be returned and You will be responsible for the cost of returning such funds. Your Account must be funded on an initial basis with no less than one hundred dollars ($100.00), paid in US funds. You agree that You will be responsible for all wire transfer fees, both incoming and outgoing, associated with Your Account. Any non-U.S. wire transfers may be subject to fees by either Your bank, intermediary banks or the Company's bank, which may reduce the amount of the money received by the Company's bank and subsequently funded into Your PrePaid Good as Gold Account. Customers funding a Good as Gold Account who wire $1,000 or more shall not be subject to a $20 wire transfer processing fee from the Company. You hereby expressly give the Company permission to reduce Your Account by the amount of wire transfer fees the Company incurs in order to receive Your funds. All fees are subject to change and will be updated online in this agreement.
Prepaid Services Accounts will receive a 2% discount on purchases (the "Cash Discount"). The Cash Discount will be reflected in Your Account balance. Thus, purchases will reduce the balance of Your Account by 98% of the total purchase price of each transaction. For example, if Your Account is funded with an initial amount of $100.00 and You make a $10.00 purchase, Your Account will be reduced by only $9.80. the Company reserves the right to discontinue or change the Cash Discount at any time, without notice.
As consideration for the Prepaid Services purchased by You and provided to You by the Company, You agree to pay the Company in advance for the service to be provided. Payment is to be made by You providing either a valid wire transfer to the account of Domain Services, a money order, or personal check. Personal checks may only be used for payments of $100 or more, and must be issued in U.S. dollars for the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. You can verify the remaining funds in Your Account at any time by logging in to Manage Your Account or through the shopping cart on the Company web site. Should You decide to terminate Your Account and seek a refund of Your Prepaid Services, Your refund will be made by check net of any discounts, including, but not limited to, reduced or waived wire transfer fees and/or the Cash Discount.
2. term of agreement; modification
The term of this Agreement shall continue in full force and effect as long as you have any Prepaid Services Accounts with the Company. In the event You terminate Your Account, any remaining funds in Your Account will be refunded as set forth in Section 1 above.
You agree that the Company may modify this Agreement from time to time. The Company may also discontinue services it provides under this Agreement. You agree to be bound by any changes the Company may reasonably make to this Agreement when such changes are made.
3. your use of prepaid services
Use of funds in Your Account can only be made through the Company purchase process at the Company's web site. Purchases may not be made unless there are sufficient, available funds in Your Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein.
Additional funds may be added to Your Account at any time. The minimum increment for funds transfers is one hundred dollars ($100.00). For security purposes, You should keep Your Account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. The Company specifically disclaims liability for any activity in Your account, whether authorized by You or not.
You will be able to access Your Account activity and records from the Manage Your Account link on the Company's web site. Your Account will show purchases and the amount of funds remaining in Your Account. The Company reserves the right at all times to disclose any information about Your Account as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part from Your Account, in the sole discretion of the Company.
The Company explicitly reserves the right to terminate Your Account if it comes to the attention of the Company that You are using Your Account for objectionable activities. Objectionable activities include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way.
4. no spam; liquidated damages
The Company will immediately terminate any Account which it believes, in its sole discretion, is being used to enable transmitting of spam 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 the Company liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay the actual damages of the Company.
5. your account security
When You initially fund Your Account, You agree to complete the registration process by providing current, complete and accurate information. You are entirely responsible for maintaining the confidentiality of Your password and Account information. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You agree to notify the Company immediately of any unauthorized use of Your Account or any other breach of security. The Company will not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge. However, You could be held liable for losses incurred by the Company or another party due to someone else using Your Account or password.
6. your privacy and use of your personal information
You may view the current the Company Privacy Policy online. Please refer to the Privacy Policy for information regarding Your privacy and the collection and use of Your personal information.
7. dispute resolution policy
All disputes between You and the Company, other than those involving Domain Name Disputes, shall be resolved through any court, arbitration, mediation or other proceeding that may be available. Domain name disputes will be resolved in accordance with the Uniform Domain Name Dispute Resolution Policy which can be viewed online.
8. limitations of liability
You agree that entire liability of the Company to You under this Agreement, and Your only remedy, in connection with any service provided by the Company to You under this Agreement, and for any breach of this Agreement by the Company, shall be limited to a refund of the funds in Your Account and the fees You paid to the Company for the particular service in contention.
9. indemnity
You agree to release, defend, indemnify and hold harmless the Company and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney's fees and costs, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your Account with the Company and/or Your use of the services provided by this company.
10. representations and warranties
You warrant that all information provided by You as part of the application process is truthful, complete, current and accurate. You also warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that Your Account with the Company will not be used in connection with any illegal activity.
You agree that the Company makes no representations or warranties of any kind in connection with this Agreement. the Company expressly reserves the right to deny, cancel or transfer any Account that it deems necessary, in its discretion, to protect the integrity and stability of the Prepaid Services system, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the Company, as well as its affiliates, subsidiaries, officers, directors and employees. The Company also reserves the right to freeze an Account during resolution of a dispute.
11. disclaimer of warranties
The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. venue; waiver of trial by jury
This agreement shall be deemed entered into the state of Arizona. the laws and judicial decisions of Maricopa county, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Maricopa county, Arizona.
You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.
13. severability
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
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