Good Avocado Terms and Conditions of Service
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the GOOD AVOCADO Services. YOUR USE OF THE GOOD AVOCADO SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the services to which such terms apply.
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.
You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide GOOD AVOCADO with your full legal name, postal address, telephone number and an email address that is not hosted through us for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything that would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use GOOD AVOCADO to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or court order. GOOD AVOCADO reserves the right to terminate your account without prior notice if GOOD AVOCADO becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the GOOD AVOCADO Service you warrant to GOOD AVOCADO that you will not use the GOOD AVOCADO Service for any unlawful purpose.
TERMS OF PAYMENT
All payments are due and payable by the first of the month.
You agree to pay GOOD AVOCADO appropriate payment for the services received from GOOD AVOCADO, in advance of the time period during which such services are provided. You agree to provide GOOD AVOCADO with current billing and contact information and authorize GOOD AVOCADO to bill all account and related charges to the credit card on file. You further agree that until and unless you notify GOOD AVOCADO of your desire to cancel any or all services received, and you complete the cancellation process, those services will be billed on a recurring basis. In order for the account to be cancelled, it must be paid in full at the time of cancellation. You agree that prepayments will be billed and charged automatically, that GOOD AVOCADO may apply the amount due to the provided card at any time, and will issue absolutely no refunds.
If your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit your card on on or around the 7th, 14th, 25th and last day of the month. Should the card be denied again, we may terminate the account, and the amount due will need to be paid before the account can be reactivated. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements.
Should payment continue to be late, GOOD AVOCADO may choose to terminate the account at any time and all accumulated fees will need to be paid before the account can be reactivated again.
GOOD AVOCADO reserves the right to change prices at any time.
Each account has resource quotas; it is the account owners responsibility to monitor usage. Any quota excess is payable by the account owner
You are responsible for keeping a copy of their most current website files as backup on a remote system. GOOD AVOCADO is not responsible for any lost files, information, or data.
You may not initiate any of the following on the GOOD AVOCADO servers:
* Any process that requires more than 4Mb of memory space, more than 15 CPU seconds, or uses more than 1% of all available system resources at any time or otherwise threatens the stability of the server.
* Any type of interactive real-time chat applications that require server resources. These do not include applications such as HumanClick, as remotely hosted services are fully allowed.
* Any other service that performs CGI services for any site not within the account, such as a banner exchange.
* Any stand-alone, unattended server-side processes. This includes any and all daemons, such as IRCD (internet relay chat daemon).
* Any software that interfaces with an IRC (Internet Relay Chat) network.
Users are also required to abide by the following rules:
* No database may be used for logging of information available through our server logs (ie traffic counters). Please contact us if you need detailed statistics for your website, we can work with you to develop a manageable solution. We also provide Webalizer stats free with each account.
* Databases are only to be used for GOOD AVOCADO-hosted websites, and no outside access will be granted.
* No cron job may run more than once every two hours.
* Software such as HumanClick, LivePerson and other similar customer communication tools are fully allowed on our servers, as long as they are within the guidelines of this Agreement.
GOOD AVOCADO reserves the right to suspend accounts that utilize large amounts of space for the purposes of backup, download, video and audio archives. Image galleries of over 250 megabytes are not permitted. Gaming sites are not permitted on our servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by GOOD AVOCADO, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future GOOD AVOCADO policy decisions. Failure to observe these policies may include suspension or termination of your account without notice.
ZERO TOLERANCE SPAM POLICY
GOOD AVOCADO takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, and will be billed at a rate of $10 for each recipient to whom the message was sent, regardless of whether the messages were sent from our server, or from another server advertising a site hosted on our servers. All commercial mailings must also comply with the CAN-SPAM act and any other applicable federal, state or local laws. GOOD AVOCADO reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at its sole discretion. GOOD AVOCADO also reserves the right to make any such modifications in an emergency at our sole discretion.
MONITORING OF SERVICE
You agree that GOOD AVOCADO has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. GOOD AVOCADO reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. GOOD AVOCADO also reserves the right to refuse refunds in cases where GOOD AVOCADO believes abuse has taken place. GOOD AVOCADO reserves the right to monitor any and all communications through or with our facilities. You agree that GOOD AVOCADO is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
SHARING OF ACCOUNT SPACE & RESALE RESTRICTIONS
You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account.
14-DAY NO QUESTIONS ASKED MONEY-BACK GUARANTEE
We stand behind our services and offer a 14-day no questions asked money-back guarantee. If at any point during the first 14 days of your stay with us you find our services do not meet your needs, we will refund your money in full except for cost of domain registrations.
100% Uptime Guarantee
We know that your website is valuable to you and we firmly stand behind the quality of our services. If your web site is unusable as a result of a direct failure in our systems and for reasons other than previously announced scheduled maintenance we'll credit your next invoice with 1 hour of hosting for each 1 hour of service interruption; up to 10% of your next pre-paid hosting renewal fee. Credits may not be converted into refunds; other restrictions may apply. Service credits may be denied at the sole discretion of GOOD AVOCADO.
All payments are non-refundable.
GOOD AVOCADO may terminate this agreement and your access to any or all GOOD AVOCADO related services at any time, with or without cause, effective immediately. GOOD AVOCADO shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by GOOD AVOCADO to have violated these Terms of Service may be barred from receiving any services from GOOD AVOCADO Any outstanding amount due on the account will still be payable.
You may terminate this Agreement at any time by contacting the support department at GOOD AVOCADO, who will then provide you with a form that must be completed and returned before your account can be cancelled. No refund shall be issued. GOOD AVOCADO must receive all completed and correct termination requests by midnight on the end of the previous month in order to avoid paying for the next month's service and account to be cancelled must be paid in full at the time of cancellation.
All plans automatically renew every period, unless cancelled in writing at least 30 days before renewal time.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE GOOD AVOCADO SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GOOD AVOCADO EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE GOOD AVOCADO SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY GOOD AVOCADO, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GOOD AVOCADO, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GOOD AVOCADO SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE GOOD AVOCADO SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GOOD AVOCADO RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT GOOD AVOCADO IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM GOOD AVOCADO AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the GOOD AVOCADO Website are proprietary to GOOD AVOCADO, and/or its suppliers and are protected under Copyright. All rights are reserved. GOOD AVOCADO reserves any rights not expressly granted herein.
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of GOOD AVOCADO, GOOD AVOCADO is unable to perform in whole or in part its obligations as set forth in this Agreement, then GOOD AVOCADO shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make GOOD AVOCADO liable to the User.
Nevada law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Nevada or to any Federal Court located within the State of Nevada.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nevada, as the parties to this agreement agree to be governed by the laws of Nevada. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Nevada necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of Nevada with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless GOOD AVOCADO against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with GOOD AVOCADO.
You agree that your sole and exclusive remedy to any issues relating to the GOOD AVOCADO Service is to discontinue using the Service.
In the event of a merger or consolidation of GOOD AVOCADO, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
The failure of GOOD AVOCADO to enforce a provision of this Agreement shall not be construed as a waiver or limitation of GOOD AVOCADO's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
MODIFICATION OF TERMS
GOOD AVOCADO reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the GOOD AVOCADO Website. You are responsible for regularly reviewing these documents. Continued use of the GOOD AVOCADO Services after any such changes shall constitute your consent to such changes. GOOD AVOCADO does not and will not assume any obligation to notify you of any changes to the Terms of Service.