This Service Agreement ("Agreement") governs the relationship of GoMummy.in (the "Service Provider"), it's systems,
and resources (the "Service"), and any entity that GoMummy explicitly offers to users of the Service (the "Subscriber")
The Subscriber shall indicate acceptance of this Agreement in the course of submitting an order to the Service Provider through the Service Provider's electronic order form or by accessing the Service. The Service Provider shall indicate acceptance of this Agreement by sending conﬁrmation of the order to the Subscriber by electronic mail.
The Subscriber may not assign rights or delegate duties assumed by acceptance of this Agreement without the prior written consent of the Service Provider, and any attempted assignment or delegation without such consent shall be void.
The Service Provider shall provide access to the Services paid for by the Subscriber expressly for the use of the Subscriber, to include maintenance of the underlying hardware and network infrastructure necessary to connect the Service to the Internet and a password to support authentication while using the Service.
The Subscriber shall not obtain any right or title in any equipment or software belonging to the Service Provider or any third parties whose material/equipment, the Service Provider may utilize to provide the Service.
During the term of this Agreement, and conditioned upon full payment of fees, the Service Provider grants to the Subscriber a non-exclusive, non-transferable license to access and use the Service solely under this Agreement and the guidelines outlined in the Acceptable Use Policy.
The Service Provider shall send an invoice to the Subscriber by electronic mail for any applicable fees related to administration, setup, upgrades, and use of the Service.
Administrative, setup and upgrade fees shall be due at the time that they are assessed.
All recurring service fees shall be due in advance of the billing period incurred, and any applicable overage charges relating to the use of the Service shall be due at the end of the billing period in which such charges are incurred.
The Subscriber agrees to pay all fees invoiced by the Service Provider via credit card Moneybookers or PayPal transaction. The Service Provider may, at its sole discretion, accept alternate forms of payment.
Where the Subscriber has elected to transact payments made to the Service Provider automatically, the invoice sent to the Subscriber by electronic mail shall also serve as the Subscriber's receipt of payment.
Where the Subscriber has not elected to transact payments made to the Service Provider automatically, or if an automatically-transacted payment should fail, the Subscriber shall promptly pay any invoiced charges to the Service Provider before the invoice due date.
The refund is issued only if services are surrendered or canceled within 24Hours, and the client has not uploaded over 25 GB. After 24 Hours, no Refund will be issued under any circumstances. We reserve the right to deny the refund to any client if we do not ﬁnd the reason satisfactory. A Processing fee of 5$ will be charged.
This Agreement shall remain in effect until notice of termination is provided by the Subscriber or Service Provider.
This Agreement and the Subscriber's access to the Service shall terminate as follows:
The Subscriber may terminate at the end of the present billing cycle
The Service Provider may terminate with thirty (30) days prior notice
The Service Provider may terminate with ﬁfteen (15) days before the notiﬁcation; the Subscriber should the Subscriber fail to correct any breach of this Agreement
The Service Provider may immediately and without prior notice terminate upon determining, at its sole discretion, that the Subscriber violates the Acceptable Use Policy.
About Torrents, we don't allow public torrents on our servers.
Sections 1, 2, 3, 5, 6, 7, 8, 9, and 10 shall survive any termination of this Agreement.
The Subscriber may provide notice to the Service Provider by submitting a cancellation request via an electronic form.
The Service Provider may provide advice by electronic mail.
Should the Subscriber breach any provision of this Agreement, the Service Provider shall provide information by electronic mail.
The Service Provider shall provide notice by electronic mail.
Either party shall be excused from any delay or failure in performance under this Agreement which is caused because of any occurrence or contingency beyond its reasonable control, including without limitation: acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period equal to that of the underlying cause of the delay.
The Subscriber shall indemnify and hold the Service Provider harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect, and consequential), attorney's fees and expenses that the Service Provider may sustain or incur because of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of the Subscriber or customers of the Subscriber which are in any way related to the Service.
While the Service Provider makes reasonable efforts to maintain the Service, many factors are not within the Service Provider's control. Therefore, the Service Provider does not warrant and is not responsible for (even if caused by the negligence of the Service Provider) any loss of data, delays, non-delivery or misdelivery of information, lack of access, slow response time, interruptions of the Service, or errors of the Service.
Loss, delay, or non-delivery of data can be due to but not limited to the Service Provider's negligence, viruses, or other third parties. The Subscriber's data is deﬁned as any data held by the Service Provider and includes account information, web hosting data, email, and domain name services.
This disclaimer and waiver shall apply equally to all third-party providers. The Service Provider makes no warranty to the Subscriber regarding the accuracy of usage statistics, which the Service Provider may provide at its discretion. Further, no advice or information should be given by any representative of the Service Provider shall create a warranty or serve as an amendment to this Agreement.
Any rights not expressly granted herein are reserved. Any failure of the Service Provider to assert any rights it may have under this Agreement does not constitute a waiver of the Service Provider's right to assert the same or any other reason at any other time or against any other person or entity.
If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.
The Service Provider may subcontract any work, obligations, or other performance required of the Service Provider under this Agreement without the consent of the Subscriber.
No part of this Agreement or in the understanding of the parties confers upon the parties the status of a partnership or joint venture. This Agreement shall be governed by the laws of the state of Washington, without giving effect to applicable conﬂict of laws provisions. The federal and state courts located in Seattle, Washington, USA alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. The Subscriber consents to the personal jurisdiction of such courts sitting in Washington concerning such matters or otherwise between the Subscriber and Service Provider, and waive rights to removal or consent to removal. In the event any litigation or other proceeding is brought by either party in connection with this Agreement, the prevailing party in such dispute or another action shall be entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by such prevailing party in such litigation.
The titles in this Agreement are provided only for convenience and are not to be used in interpreting the Agreement.
The Service Provider reserves the right to change this Agreement upon notiﬁcation sent by electronic mail to all active Subscribers.