| RackNine Universal Terms of Service Agreement |
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| Last Revised: July 23, 2010
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. 1. OVERVIEW This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between RackNine, a/an AB corporation (“RackNine”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of this website (this “Site”) and the products and services (collectively, the “Services”) found at this Site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following corporate policies and/or agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to RackNine. The terms “you”, “your” or “User” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. RackNine, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the “Last Revised” date at the top of this page. 2. ELIGIBILITY; AUTHORITY This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your” or “User” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, RackNine finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. RackNine shall not be liable for any loss or damage resulting from RackNine’s reliance on any instruction, notice, document or communication reasonably believed by RackNine to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, RackNine reserves the right (but undertakes no duty) to require additional authentication from you. 3. ACCOUNTS; TRANSFER OF DATA ABROAD Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to RackNine that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If RackNine has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, RackNine reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, RackNine recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with RackNine. You must notify RackNine immediately of any breach of security or unauthorized use of your Account. RackNine will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss RackNine or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. 4. GENERAL RULES OF CONDUCT You acknowledge and agree that:
RackNine reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time. 5. YOUR USE OF RackNine CONTENT AND USER CONTENT In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of RackNine Content and User Content posted to RackNine’s corporate websites (i.e., those sites which RackNine 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. RackNine Content. Except for User Content, the content on this Site and the Services found at this Site, 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 (“RackNine Content”), are owned by or licensed to RackNine 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. RackNine 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 RackNine. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. RackNine reserves all rights not expressly granted in and to the RackNine Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to RackNine that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, 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) you do 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 RackNine Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the RackNine Content or the User Content therein. 6. RackNine’S USE OF USER CONTENT The provisions in this Section 6 apply specifically to RackNine’s use of User Content posted to RackNine’s corporate websites (i.e., those sites which RackNine 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. Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. With Respect to User Submissions. You acknowledge and agree that:
RackNine shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. With Respect to User Content (Other Than User Submissions). If you have a website hosted by RackNine or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website. However, if you post or publish your User Content to this Site, you authorize RackNine to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant RackNine a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and RackNine’s (and RackNine’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that RackNine may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, RackNine shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or RackNine’s (or RackNine’s affiliates’) business(es). 7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY RackNine generally does not pre-screen User Content (whether posted to a website hosted by RackNine or posted to this Site). However, RackNine 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. RackNine may remove any item of User Content (whether posted to a website hosted by RackNine 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 RackNine in its sole and absolute discretion), at any time and without prior notice. RackNine may also terminate a User’s access to this Site or the Services found at this Site if RackNine has reason to believe the User is a repeat offender. If RackNine terminates your access to this Site or the Services found at this Site, RackNine may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. 8. ADDITIONAL RESERVATION OF RIGHTS RackNine expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by RackNine in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) 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 (vii) to avoid any civil or criminal liability on the part of RackNine, its officers, directors, employees and agents, as well as RackNine’s affiliates. RackNine 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. 9. NO SPAM; LIQUIDATED DAMAGES You acknowledge you have read, understand and agree to be bound by RackNine’s Anti-Spam Policy referenced above and available here. You agree RackNine may immediately terminate any Account which it believes, in its 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 RackNine 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. 10. TRADEMARK AND/OR COPYRIGHT CLAIMS RackNine 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 refer to RackNine’s Trademark and/or Copyright Infringement Policy referenced above and available here. 11. LINKS TO THIRD-PARTY WEBSITES This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by RackNine. RackNine assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, RackNine does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release RackNine from any and all liability arising from your use of any third-party website. Accordingly, RackNine encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. 12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. RackNine, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RackNine, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND RackNine ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY RackNine, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 13. LIMITATION OF LIABILITY IN NO EVENT SHALL RackNine, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RackNine IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall RackNine’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 14. INDEMNITY You agree to protect, defend, indemnify and hold harmless RackNine and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by RackNine directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the corporate policies and/or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 15. FEES AND PAYMENTS You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. RackNine expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. Where refunds are issued, RackNine’s issuance of a refund receipt is confirmation that RackNine has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle. Except as prohibited in any product-specific agreement, you may pay for Services by providing a valid credit card, an electronic check (from your personal or business checking account, as appropriate), PayPal (as defined below), Alipay (as defined below), or by using RackNine’s “Good As Gold Prepaid Services” to establish a cash reserve for charge by RackNine (each, a “Payment Method”). For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. Some RackNine Services offer an automatic renewal option. While the details of the automatic renewal option vary from Service to Service, generally the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you select the manual renewal option, RackNine will automatically renew your Services when they come up for renewal and will take payment from the Payment Method you have on file with RackNine at RackNine’s then current rates. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month. In an effort to ensure that there is no interruption of Services, RackNine may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, RackNine will automatically update your payment profile on your behalf. RackNine makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and RackNine shall not be liable to you or any third party regarding the same. If for any reason RackNine is unable to charge your Payment Method for the full amount owed for the Services provided, or if RackNine is charged a penalty for any fee it previously charged to your Payment Method, you agree that RackNine may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason RackNine is unable to charge your credit card with the full amount owed for the Services provided, or if RackNine is charged back for any fee it previously charged to the credit card you provided, you agree that RackNine may pursue all available lawful remedies in order to obtain payment. You agree that the remedies RackNine may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf. RackNine reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks RackNine may perform outside the normal scope of its Services, (ii) additional time and/or costs RackNine may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by RackNine in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, Alipay, and Certegy (as defined below), fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with RackNine. While all transactions are processed in U.S. dollars, RackNine may provide an estimated conversion price to currencies other than U.S. dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimated conversion price at the time of purchase. Due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and RackNine makes no representations or warranties that the estimated conversion price will be the same as, or reflective of, either (a) the amount processed or (b) the amount posted to your bank statement, and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, you acknowledge and agree that you may be charged exchange rate conversion fees, Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section. (A) GOOD AS GOLD PREPAID SERVICES Service Details By using Good As Gold Prepaid Services, you may transfer funds to RackNine in order to fund your Good As Gold Prepaid Services account (“Good As Gold Account”). You may then use your Good As Gold Account to purchase any of RackNine’s Services. You may fund your Good As Gold Account by providing (i) a paper check (from your personal or business checking account, as appropriate), (ii) a money order, or (iii) a wire transfer. All payments must be for the full amount required at purchase. All paper checks and money orders may be delayed up to ten (10) business days until the money is credited, which may delay your use of the Services, and any paper check or money order that does not clear will result in a $25.00 processing fee by RackNine, which may be debited from your Good As Gold Account. The $25.00 processing fee is in addition to any fee(s) your bank may charge you. You can verify the remaining funds in your Good As Gold Account at any time by logging into “Manage Your Account” or through the shopping cart on the RackNine website. Should you decide to terminate your Good As Gold Account and seek a refund, 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 (as defined below). You acknowledge that funds transferred to your Good As Gold Account will be held by RackNine and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you understand and agree that RackNine shall be entitled to receive and keep any such amounts to cover costs associated with Good As Gold Prepaid Services. You acknowledge that all transactions using Good As Gold Prepaid Services will be conducted in U.S. dollars and that it is your responsibility to arrange for foreign currency translations prior to funding your Good As Gold Account. Wire transfers received by RackNine in foreign currencies will be returned and you will be responsible for the cost of returning such funds. Your Good As Gold Account must be funded on an initial basis with no less than $100.00 paid in U.S. funds. You agree that you will be responsible for all wire transfer fees, both incoming and outgoing, associated with your Good As Gold Account. Any non-U.S. wire transfers may be subject to fees by your bank, intermediary banks, or RackNine’s bank, which may reduce the amount of the money received by RackNine’s bank and subsequently funded into your Good As Gold Account. Customers funding a Good As Gold Account with a wire of $1,000.00 or more shall not be subject to a $20.00 wire transfer processing fee from RackNine. You hereby expressly give RackNine permission to reduce your Good As Gold Account by the amount of wire transfer fees RackNine incurs in order to receive your funds. All fees are subject to change at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. Good As Gold Accounts will receive a two percent (2%) discount on purchases (the “Cash Discount”) . The Cash Discount will be reflected in your Good As Gold Account balance. Thus, purchases will reduce your Good As Gold Account balance by ninety-eight percent (98%) of the total purchase price of each transaction. For example, if your Good As Gold Account is funded with an initial amount of $100.00 and you make a $10.00 purchase, your Good As Gold Account will be reduced by only $9.80. RackNine reserves the right to discontinue or change the Cash Discount at any time, without notice. Your Use of Good As Gold Prepaid Services Use of funds in your Good As Gold Account can only be made through the RackNine purchase process at RackNine’s website. Purchases may not be made unless there are sufficient, available funds in your Good As Gold Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements. Additional funds may be added to your Good As Gold Account at any time. The minimum increment for funds transfers is $100.00. You will be able to access your Good As Gold Account activity and records from the “Manage Your Account” link on RackNine’s website. Your Good As Gold Account will show purchases and the amount of funds remaining in your Good As Gold Account. RackNine reserves the right at all times to disclose any information about your Good As Gold Account as RackNine 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 Good As Gold Account, in the sole and absolute discretion of RackNine. (B) PAY BY CHECK (ELECTRONIC CHECK) By using RackNine’s pay by check option (“Pay By Check”), you can purchase RackNine Services using an electronic check (from your personal or business checking account, as appropriate). In connection therewith, you agree to allow Certegy Check Services, Inc. (“Certegy”) to debit the full amount of your purchase from your checking account (“Checking Account”), which is non-refundable. Certegy will create an electronic funds transfer (“EFT”) or bank draft which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and the check must be payable in U.S. dollars. It is your responsibility to keep your Checking Account current and funded. You acknowledge and agree that (i) Certegy reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Certegy nor RackNine shall be liable to you or any third party regarding the same. If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, you agree that Certegy and RackNine may pursue all available lawful remedies in order to obtain payment (plus applicable fees). RackNine is not responsible for the actions of Certegy. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees provided below, or as otherwise permitted by law. These fees may be debited from your Checking Account using an EFT or bank draft.
FL: $25.00 for face value less than or equal to $50.00 GA: $30.00 or five percent (5%) of face value of check, whichever is greater ID: $20.00 or face value of check, whichever is less LA: $25.00 or five percent (5%) of face value of check, whichever is greater OH: $30.00 or ten percent (10%) of face value of check, whichever is greater By clicking the box labeled “I agree” to the terms of the Pay by Check Agreement, you authorize the information provided to be used for the creation of an EFT or bank draft and you authorize a debit of the full amount of your purchase from your Checking Account. (C) PAY BY PAYPAL By using RackNine’s pay by PayPal payment option (“PayPal”), you can purchase RackNine Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from the credit card(s), bank account(s), or other allowed Payment Method(s) linked to your PayPal Account (“PayPal Funding Source”). It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor RackNine shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and RackNine may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source. By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source. (D) PAY BY ALIPAY By using RackNine’s pay by Alipay payment option (“Alipay”), you can purchase RackNine Services using Alipay. In connection therewith, you agree to allow Alipay to debit the full amount of your purchase from your Alipay account (“Alipay Account”) or from the credit card(s), bank account(s), or other allowed Payment Method(s) linked to your Alipay Account (“Alipay Funding Source”). In addition, you agree to allow Alipay to debit an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with Alipay (the Exchange Rate Conversion Fee, together with the other fees or charges, collectively known as the “Alipay Fees”), from your Alipay Account or Alipay Funding Source. The Alipay Fees are subject to change at any time by Alipay without notice to you by RackNine. It is your responsibility to keep your Alipay Account and Alipay Funding Source current and funded. You acknowledge and agree that (i) Alipay reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Alipay Account or Alipay Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Alipay nor RackNine shall be liable to you or any third party regarding the same. You agree that Alipay and RackNine will not be responsible for payments that fail to go through as a result of your Alipay Account or Alipay Funding Source no longer existing or holding insufficient funds. You acknowledge that RackNine will not attempt to fulfill the Services purchased by you until RackNine receives confirmation of payment from Alipay. You acknowledge there may be a gap of several hours between the time you place your order and the time Alipay confirms payment, including, but not limited to, if you use a bank account (via an “Online Bank Transfer”) as your Alipay Funding Source. If RackNine does not receive confirmation of payment from Alipay within twelve (12) hours, your order may be cancelled, at which time you will have to begin the purchase process again. In addition, in the event (i) the Services (including domain names) in your shopping cart are no longer available for purchase by the time RackNine receives confirmation of payment from Alipay, or (ii) you change the Services (including domain names) in your shopping cart after RackNine redirects you to Alipay for payment (and, as a result, your purchase is either over-funded or under-funded), RackNine will automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Alipay Account. If you receive a full refund (in the case of under-funding), you will have to begin the purchase process again. You acknowledge and agree that Alipay reserves the right not to refund the Alipay Fees associated with an over-funded or under-funded transaction. Accordingly, any refunds issued by RackNine may be net of the Alipay Fees unless otherwise specified. By clicking the box labeled “I agree” to the terms of the Alipay payment option, you authorize a debit of the full amount of your purchase (as well as the Alipay Fees) from your Alipay Account or Alipay Funding Source. 16. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 17. NO THIRD-PARTY BENEFICIARIES Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 18. U.S. EXPORT LAWS This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 19. COMPLIANCE WITH LOCAL LAWS RackNine makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 20. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Maricopa County, Arizona. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. 21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. 22. CONTACT INFORMATION If you have any questions about this Agreement, please contact us by email or regular mail at the following address: RackNine Legal Department |
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Revised: 7/23/2010 Copyright © RackNine 2005-2011 All Rights Reserved. |
