This services agreement herein known as the “Services Agreement” is by and between Twin Geckos Technology Services LLC, an Arizona Limited Liability Company, herein known as “Twin Geckos” and you, your heirs, assigns, agents and contractors, together know as “You”. This Services Agreement is effective as of the date of execution in writing, by fax or by other electronic means. This Agreement sets forth the terms and conditions of Your use of Twin Geckos’ Web Site or Email Hosting, herein known as “On Site” services and represents the entire agreement between You and Twin Geckos. Through any use of Twin Geckos’ On Site services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Services Agreement, along with any new, different or additional terms, conditions or policies which Twin Geckos may establish from time to time. You may view the latest version of this Agreement online.
You acknowledge that you understand that Twin Geckos Technology Services LLC is a company with its office located in Apache Junction, within Pinal county in the state of Arizona, U.S.A. In regard to that, You agree that any legal proceedings will take place in an appropriate Arizona court.
1. TERMS OF AGREEMENT; TERMS, TERMINATION, MODIFICATIONS
TERM. The term of this Agreement shall commence on the date of purchase the On Site services, and will continue in full force and effect as long as Twin Geckos is providing On Site services to You.
TERMINATION. You agree that you will notify Twin Geckos should you desire to terminate your use of Twin Geckos’ On Site services. Notification of your intent to terminate must be provided thirty (30) days in advance of your renewal date if applicable. A notice of your intent to terminate Twin Geckos’ services may be done by email, fax, or U.S. Mail using the contact information listed in this document. Within fourteen (14) days of Twin Geckos receiving your intent to terminate, you will receive a confirmation from Twin Geckos acknowledging your termination. If you do not receive the confirmation from Twin Geckos, You agree that it is your responsibility to verify that Twin Geckos has successfully received your notification. In the absence of notification from you Twin Geckos may terminate your services or at Twin Geckos’ option, automatically continue those services indefinitely and charge you the then current rates .
You agree that Twin Geckos may modify this Agreement from time to time. Twin Geckos may also discontinue services it provides under this Agreement. You agree to be bound by any changes Twin Geckos may reasonably make to this Agreement when such changes become effective.
2. DESCRIPTION OF SERVICE Twin Geckos currently provides On Site services to its customers for a monthly or hourly fee. Twin Geckos may discontinue further services
AVAILABILITY OF SERVICES Subject to the terms and conditions of this Agreement, Twin Geckos shall attempt to provide On Site as agreed throughout the term of this Agreement. You agree that from time to time the On Site service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Twin Geckos may undertake from time to time; or (iii) causes beyond the control of Twin Geckos or which are not reasonably foreseeable by Twin Geckos, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
3. FEES As consideration for the services purchased by you and provided to You by Twin Geckos, You agree to pay Twin Geckos under the terms and fees stated in your specific offer, and with regard to changes as they may be allowed by this agreement or Your offer. 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 is returned for non sufficient funds will result in a $35 fee. If you purchase an automatically renewing service or product by personal check, it is your responsibility to make payment arrangements for each renewal payment. Refunds may be available at Twin Geckos sole discretion and will be prorated based upon any unused portion of a product or service. Twin Geckos also reserves the right to withhold an amount equal to 10% of the refunded payment to cover administrative costs. If for any reason Twin Geckos Technology Service LLC is unable to charge your Payment Method, You agree that Twin Geckos may pursue all available remedies in order to obtain payment. In addition to the amount you owe to Twin Geckos, You agree to pay Twin Geckos for all attorney and collection fees associated with securing the amount owed.
4. YOUR OBLIGATIONS You agree that You have provided accurate, current and complete information in the application process and that You will notify Twin Geckos within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Twin Geckos to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Twin Geckos has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Twin Geckos has the absolute right, in its sole discretion, to terminate its On Site services and close Your account.
You represent and warrant to Twin Geckos that: (i) You have the power and authority to enter into and perform Your obligations under this Agreement; (ii) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If Your web site includes GIF images you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by Twin Geckos will not be used in connection with any illegal activity.
STORAGE AND SECURITY At all times, You shall bear full risk of loss and damage to your computer content. Your computer data is not backed up unless otherwise provided by your offer from Twin Geckos. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your computer files; (ii) maintain independent archival and backup copies of Your computer files; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on Twin Geckos servers; and (iv) ensure the confidentiality of Your password. Twin Geckos shall have no liability to You or any other person for loss, damage or destruction of any of Your computer files.
5. TWIN GECKOS' RIGHTS Twin Geckos explicitly reserves the right and sole discretion to terminate Your On Site service for non-payment and other activities whether lawful or unlawful that Twin Geckos determines to be harmful to its other customers, operations, or reputation. All hardware and software delivered is the property of Twin Geckos Technology Services LLC unless payment has been rendered in full for that hardware. Twin Geckos reserves the right to repossess any hardware, software, or other physical items purchased by Twin Geckos on your behalf when payment is not rendered within Ten days. In most cases payment for such items is due at time of delivery.
6. DISPUTE RESOLUTION POLICY You agree to be bound by Twin Geckos’s current Dispute Resolution Policy. You agree that if a dispute arises as a result of one or more web sites Twin Geckos is hosting for You, You will indemnify, defend and hold Twin Geckos harmless for damages arising out of such dispute. You also agree that if Twin Geckos is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Twin Geckos, that Twin Geckos, in its sole discretion, may take whatever action Twin Geckos deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled
7. LIMITATION OF LIABILITY IN NO EVENT SHALL TWIN GECKOS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF TWIN GECKOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT TWIN GECKOS' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO TWIN GECKOS FOR THE SERVICE RENDERED TO ANY ACT OR OMISSION GIVING RISE TO ANY POTENTIAL LIABILITY.
8. INDEMNITY
You agree to release, defend, indemnify and hold harmless Twin Geckos 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 or related to (i) Your breach of this Agreement, (ii) any negligence, willful or improper misconduct by You; (iii) any action or conduct of Twin Geckos’s undertaken pursuant to this Agreement. You shall defend and settle at Your sole expense all proceedings arising out of the foregoing. You agree that Twin Geckos shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Twin Geckos of any such claim promptly in writing and to allow Twin Geckos to control the proceedings. You agree to cooperate fully with Twin Geckos during such proceedings. You agree You will not be entitled to a refund of any fees paid to Twin Geckos if, for any reason, Twin Geckos takes corrective action with respect to Your improper or illegal use of its services.
9. DISCLAIMER OF WARRANTIES
Twin Geckos expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, concerning any subject matter of this agreement.
10. 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.
11. VENUE; WAIVER OF TRAIL BY JURY
This agreement shall be deemed entered into the state of Arizona. the laws and judicial decisions of Pinal 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 Pinal 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.
12. NOTICES
You agree that all notices (except for notices concerning breach of this Agreement) from Twin Geckos to You may be posted on our web site. Notices concerning breach will be sent either to the email, postal addressor facsimile You have on file with Twin Geckos. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Twin Geckos shall be made either by email, facsimile, or mailed to the address you provide, or first class mail to our address below. They shall be deemed to be delivered when received by Twin Geckos through first class mail the date they are received, or when sent by facsimile.
