The provided text appears to be a portion of the Universal Terms of Service Agreement for 10Corp, last revised on Friday, December 8, 2023. The document covers various aspects related to the use of the website and services offered by 10Corp. Below is a summary of the key points:
1. Overview
- The agreement is between the user (“you”) and 10Corp acting as an agent of Key-Systems GmbH.
- It covers the terms and conditions for using the website and the products/services provided (“Services”).
- Specific Services may have additional agreements that apply.
2. Modification of Agreement, Site, or Services
- 10Corp has the right to change or modify the agreement at any time, with such changes becoming effective immediately upon posting.
- Users are expected to review the agreement regularly, and continued use implies acceptance of the revised terms.
3. Eligibility; Authority
- The Services are available only to individuals or entities capable of forming legally binding contracts.
- Users must be at least eighteen years old or meet legal requirements in their jurisdiction.
- If representing a corporate entity, the user must have the legal authority to bind that entity.
4. Your Account
- Users need to create an account to access certain features.
- Users must provide accurate and current information for their accounts.
- Users are responsible for the security of their accounts and must notify 10Corp of any security breaches.
5. General Rules of Conduct
- Users must comply with laws and regulations.
- Prohibited activities include illegal actions, exploitation of children, terrorism, spam, hacking, and violating intellectual property rights.
- Users should not engage in false, abusive, or fraudulent activities.
6. Protection of Your Data
- 10Corp processes personal data in certain services and offers a Data Processing Addendum for compliance with data privacy laws.
7. User Content
- Users can submit content (“User Submissions” and “User Content”) to the site.
- 10Corp has rights to use and disseminate User Submissions.
- Users grant licenses to 10Corp to use their User Content in connection with the site and services.
8. Availability of Website/Services
- Services are provided on a commercially reasonable effort basis but may be temporarily inaccessible or inoperable for various reasons.
9. Product Credit
- Credits provided are valid for one year and may be terminated in certain circumstances.
- If a product includes a free domain name and is canceled, the list price of the domain will be deducted from the refund amount.
10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY:
- 10Corp generally does not pre-screen user content but reserves the right to do so.
- The company can remove any user content or terminate a user’s access for violating the agreement.
- Termination may also occur if a user is a repeat offender.
- If terminated, 10Corp may remove and destroy any data and files stored by the user on its servers.
11. DISCONTINUED SERVICES; END OF LIFE POLICY:
- 10Corp can cease offering or providing any services or features at any time and without prior notice.
- The company will make efforts to notify users in advance if a service reaches its End-of-Life (EOL).
- Users are responsible for migrating to a new service before the EOL date or ceasing reliance on the service.
- 10Corp may offer a comparable service, in-store credit, or a refund at its discretion.
12. BETA SERVICES:
- 10Corp may offer new services or features as Beta Services.
- Beta Services are pre-release versions and may have operational risks.
- Users agree to provide feedback and acknowledge that information about Beta Services is confidential.
- 10Corp may use feedback for product development purposes.
13. FEES AND PAYMENTS:
You agree that your Payment Method may be charged by one of our affiliated entities. If, during your purchase, your payment was identified as being processed in the United States, your transaction will be processed by Wild West Domains, LLC. If your payment was identified as being processed in Canada, your transaction will be processed by Wild West Domains Canada, Inc. If your payment was identified as being processed in the United Kingdom, your transaction will be processed by Europe Domains/Hosting Services, Ltd. If your payment was identified as being processed in India, your transaction will be processed by Universal Domains and Hosting Services India Pvt Ltd. If your payment was identified as being processed in Australia, your transaction will be processed by International Online Services PTY Limited. If, during your purchase, your payment was identified as being processed in a country that is not listed above, your transaction may be processed by an entity within the disclosed country that is affiliated with our local payment service provider, and it is subject to the provisions of our Privacy Policy
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS:
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.
Price Changes. 10Corp reserves the right to change its prices and fees at any time, and such changes shall either be posted online at this Site and be effective immediately without the need for further notice to you, or notice shall be provided to you by email. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal, as further described below.
Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services using any of the following “Payment Methods”: (i) valid credit card; (ii) “Good As Gold Prepaid Services” (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal; (v) International Payment Option (as defined below); (vi) via In-Store Credit balances, if applicable (and as defined below); or (vii) any other method you use to pay for Services as determined by 10Corp in its sole and absolute discretion, each a “Payment Method”. The “Express Checkout” feature automatically places an order for the applicable Service and charges the default Express Checkout Payment Method 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. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.
Refunds Issued. You agree that where refunds are issued to your Payment Method, 10Corp’s issuance of a refund receipt is only confirmation that 10Corp has submitted your refund to the Payment Method charged at the time of the original sale, and that 10Corp has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method and the payment provider, payment processor, or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then 10Corp, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an In-Store Credit; (ii) via issuance of a 10Corp check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. 10Corp also has the right to offer an In-Store Credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.
To ensure uninterrupted service, all services are offered on automatic renewal unless otherwise specified on this site. Automatic renewal automatically renews the applicable service upon expiration of the then-current term for a renewal period equal in time to the most recent service period (except for domain names, which may renew for the original service period). For example, if your last service period is for one year, your renewal period will typically be for one year. However, in the event renewal with the payment method on file fails, 10Corp may attempt to renew the applicable service for a period less than the original subscription period to the extent necessary for the transaction to succeed.
Unless you disable the automatic renewal option, 10Corp will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the service(s) in your account or your designated backup payment method(s) on file with 10Corp. In automatically renewing your services, 10Corp will first attempt to charge the payment method associated with the service(s) in your account. In the event 10Corp cannot successfully charge this payment method, we will attempt to charge the payment method(s) designated as “backup” in your account. Renewals will be charged at 10Corp’s then-current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period.
To view the renewal settings applicable to you and your services, simply log into your account manager from this site and follow the steps found here. If you do not wish for any service to automatically renew, you may elect to cancel renewal, in which case, your services will terminate upon expiration of the then-current term unless you manually renew your services prior to that date. In other words, should you elect to cancel your product and fail to manually renew your services before they expire, you may experience an interruption or loss of services, and 10Corp shall not be liable to you or any third party regarding the same.
Additionally, 10Corp 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 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, 10Corp will automatically update your payment profile on your behalf. 10Corp 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) canceling products and (ii) ensuring your associated payment method(s) are current and valid. Furthermore, you acknowledge and agree that your failure to do so may result in the interruption or loss of services, and 10Corp shall not be liable to you or any third party regarding the same.
If, for any reason, 10Corp is unable to charge your Payment Method for the full amount owed, or if 10Corp receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that 10Corp may pursue all available lawful remedies to obtain payment. This includes, but is not limited to, immediate cancellation, without notice to you, of any domain names or services registered or renewed on your behalf. 10Corp also reserves the right to charge you reasonable “administrative” fees for (i) tasks performed outside the normal scope of its services, (ii) additional time and/or costs incurred in providing its services, and/or (iii) your noncompliance with this Agreement (as determined by 10Corp in its sole and absolute discretion). Typical scenarios for administrative or processing fees include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions in connection with your domain names and/or disputes that require accounting or legal services, whether performed by 10Corp staff or by outside firms retained by 10Corp; (iii) recouping any and all costs and fees, including the cost of services, incurred by 10Corp as a result of chargebacks or other payment disputes brought by you, your bank, or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with 10Corp.
10Corp may offer product-level pricing in various currencies. The transaction will be processed in the selected currency, and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged 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.
B) REFUND POLICY
Products and Services available for refunds are described here (“Refund Policy ”).
C) GOOD AS GOLD PREPAID SERVICES
Service Details: By using Good As Gold Prepaid Services, you may transfer funds to 10Corp 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 Services. You may fund your Good As Gold Account by wire transfer.
You acknowledge that funds transferred to your Good As Gold Account will be held by 10Corp and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you agree that 10Corp shall be entitled to receive and keep any such amounts to cover costs associated with Good As Gold Prepaid Services.
You agree that all transactions using Good As Gold Prepaid Services will be conducted in U.S. dollars.
Your Good As Gold Account must be funded on an initial basis with no less than funds equivalent to $1,000.00 U.S. dollars.
All payments must be for the full amount required at purchase.
Wire Transfer Details: Wire transfers may be initiated in foreign currency to fund your Good As Gold Account; however, the natural currency of the 10Corp bank account is U.S. Dollars. Foreign currency wires will be automatically converted and deposited in U.S. Dollars. Please note that exchange rate fees may apply.
You are 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 10Corp’s bank, which may reduce the amount of money received by 10Corp’s bank and subsequently funded into your Good As Gold Account. You hereby expressly authorize 10Corp (i) to reduce your Good As Gold Account by the amount of wire transfer fees 10Corp incurs in order to receive your funds; and/or (ii) to charge a twenty-dollar ($20.00) service fee (“Service Fee”) in connection with the termination of your Good As Gold Account. All fees are subject to change at any time, and such changes shall be posted online and effective immediately without the need for further notice to you.
You can verify the remaining funds in your Good As Gold Account at any time through your Account or the shopping cart. Should you decide to terminate your Good As Gold Account (or should 10Corp opt to terminate your Good As Gold Account because you have breached an obligation under the Good As Gold Service Agreement), then the balance in your Good As Gold Account will be refunded, net the Service Fee.
Additional funds may be added to your Good As Gold Account at any time.
Your Use of Good As Gold Prepaid Services: Use of funds in your Good As Gold Account can only be made through the 10Corp purchase process at 10Corp’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.
D) PAY BY CHECK (ELECTRONIC PAYMENT)
By using 10Corp’s pay by check option (“Pay By Check”), you can purchase 10Corp Services using an electronic payment (from your personal or business checking account (“Checking Account”), as appropriate). In connection, you agree to allow a third-party check services provider, Certegy Check Services, Inc., (“Check Services Provider”) to debit the full amount of your purchase from your Checking Account, which is non-refundable. Check Services Provider 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 payment must be in U.S. Dollars.
It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Services Provider or 10Corp reserve 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 Check Services Provider nor 10Corp shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and 10Corp may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). 10Corp is not responsible for the actions of Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law for each U.S. State. A help article describing the Check Services Provider and outlining the service charges referenced above can be found [here](link to article). These fees may be debited from your Checking Account using an EFT or bank draft. All fees are in U.S. Dollars.
10Corp and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including by email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would
have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to 10Corp and Check Services Provider. You further expressly authorize 10Corp and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses.
E) INTERNATIONAL PAYMENT OPTIONS
10Corp offers a variety of alternative international payment options through various International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at 10Corp. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by 10Corp.
It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or 10Corp reserve the right to decline a transaction for any reason and (ii) neither the IPP nor 10Corp shall be liable to you or any third party regarding the same. You acknowledge that 10Corp will not attempt to fulfill the Services purchased by you until 10Corp receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If 10Corp does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your 10Corp account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.
If, at the time 10Corp receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, 10Corp may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, 10Corp reserves the right to issue refunds to an In-Store Credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by 10Corp will be net of the IPP Fees unless otherwise specified.
F) IN-STORE CREDIT BALANCES
In the event that your Account contains a credit issued by us and that may be applied to the purchase of a Service (each an “In-Store Credit”) subject to the terms below: (1) you may apply any available In-Store Credit to any future purchase of Services in your Account; and (2) you authorize 10Corp to apply any available In-Store Credits to any upcoming product renewals, outstanding administrative fees, chargebacks, or other fees related to your Account, including partial payments. Regardless of the amount of In-Store Credit available in your account, 10Corp is not responsible for the loss of products resulting from an inability to collect funds from your Payment Methods or the In-Store Credit. In-Store Credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one In-Store Credit, then the credits will be processed according to the age of the credit, with the oldest In-Store Credit being applied first. If additional funds are required to complete the purchase or renewal, In-Store Credits held in a non-selected currency will be converted using 10Corp’s daily exchange rate based on the age of the In-Store Credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, 10Corp may also impose an additional administrative fee.
You can verify your available In-Store Credits at any time through your Account on the 10Corp website. You acknowledge that In-Store Credits are non-transferable, may only be used in the Account in which they were acquired and may expire. Complimentary In-Store Credits will expire two years after issuance or within any other time period 10Corp may specify in your Account. In the event that 10Corp terminates your Account, you acknowledge and agree that any remaining available In-Store Credits will be forfeited.
You also acknowledge that funds associated with your In-Store Credits will be held by 10Corp and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you agree that 10Corp is entitled to receive and keep any such amounts to cover costs associated with supporting the In-Store Credits functionality.
G) EXPIRED DOMAIN NAME PURCHASES
For expired domain names purchased through your account, you agree that you are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close. If we are unable to collect payment, you may lose the rights to purchase the domain name.
I) BUY NOW PAY LATER OPTIONS
Use of a “buy now pay later” option such as an installment payment or financing is subject to the following terms and conditions. You acknowledge and agree that 10Corp shall not be liable to you or any third party regarding any interest, late fee, other amount, collection effort, or change in credit score that arises out of or relates to the buy now pay later option. You further agree that repayment of a buy now pay later option may be governed by your agreement with a third party. Any representation that
J) GENERAL TERMS REGARDING PAYOUTS FROM 10Corp
10Corp will make any payment(s) owed to you to the payment method of your choice, subject to the terms below (“Payout(s)”). To receive a Payout from 10Corp, you need to set up a payee and assign it to your account.
Set up a Payee Account
Fees: A list of supported payment methods, applicable fees, and minimum payment thresholds is published [here](link to Payee Account Information).
If, for any reason, 10Corp is unable to process your Payout for the full amount owed, or if 10Corp receives notification of a reversal or payment dispute, or is charged a penalty for any Payout, you agree that 10Corp may pursue all available lawful remedies regarding such fees. Typical administrative or processing fee scenarios include, but are not limited to, recouping any and all costs and fees, including the cost of Services, incurred by 10Corp as a result of failed Payouts or other payment disputes brought by you, your bank, or Payout processor. These administrative fees or processing fees will be deducted from any amounts due or directly debited from your Payout account.
Fee Changes: 10Corp reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without the need for further notice to you.
14. ADDITIONAL RESERVATION OF RIGHTS
10Corp 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) for any reason, as determined by 10Corp in its sole and absolute discretion. Reasons for such actions may include, but are not limited to, the following:
- To correct mistakes made by 10Corp in offering or delivering any Services (including any domain name registration).
- To protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar.
- To assist with fraud and abuse detection and prevention efforts.
- To comply with court orders against you and/or your domain name or website and applicable local, state, national, and international laws, rules, and regulations.
- To comply with requests of law enforcement, including subpoena requests.
- To comply with any dispute resolution process.
- 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.
- To avoid any civil or criminal liability on the part of 10Corp, its officers, directors, employees, and agents, as well as 10Corp’s affiliates, including, but not limited to, instances where you have sued or threatened to sue 10Corp.
- To respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to 10Corp’s business, operations, reputation, or shareholders.
10Corp 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.
10Corp expressly reserves the right to terminate, without notice to you, any and all Services where, in 10Corp’s sole discretion, you are harassing or threatening 10Corp and/or any of 10Corp’s employees.
10Corp Content:
Except for User Content, the content on this Site and the Services, 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 (“10Corp Content”), are owned by or licensed to 10Corp in perpetuity. They 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.
10Corp Content is provided to you “as is”, “as available,” and “with all faults” for your information and personal, non-commercial use only. It 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 10Corp. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. 10Corp reserves all rights not expressly granted in and to the 10Corp Content, this Site, and the Services, and this Agreement does not transfer ownership of any of these rights.
15. NO SPAM; LIQUIDATED DAMAGES
No Spam:
We do not tolerate the transmission of spam. All traffic to and from our web servers is monitored for indications of spamming, and we maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected of using our products and services for spamming purposes are fully investigated. If we determine there is a problem with spam, appropriate action will be taken to resolve the situation.
Spam is defined as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax). This includes email or facsimile sent to recipients as an advertisement or otherwise without obtaining prior confirmed consent to receive these communications. Examples include but are not limited to the following:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (aka “adware” or “spyware” messages)
- Instant messages (using AOL, MSN, Yahoo, or other instant messenger programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
Our servers and services will not be allowed to be used for the above purposes. To use our products and services, you must abide by all applicable laws and regulations, including the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, as well as this no-spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon our request, conclusive proof of opt-in may be required for an email address or fax number.
If we determine that the account, products, or services in question are being used in association with spam, we may redirect, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such an event, at our discretion, we may require you to respond by email to us, stating that you will cease to send spam and/or have spam sent on your behalf, and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web [report abuse](report abuse).
Liquidated Damages:
You agree that we may immediately terminate any account that we believe, in our 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 us 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.
16. TRADEMARK AND/OR COPYRIGHT CLAIMS
10Corp supports the protection of intellectual property. If you wish to submit:
(i) a trademark claim for the 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 10Corp’s Trademark and/or Copyright Infringement Policy, referenced above and available [here](link to the policy).
17. 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 10Corp. 10Corp assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. Additionally, 10Corp 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 10Corp from any and all liability arising from your use of any third-party website. Accordingly, 10Corp 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.
18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE IS AT YOUR OWN RISK. THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” 10Corp, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10Corp, ALONG WITH 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.
10Corp ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT AUTO-GENERATED OUTPUTS, INCLUDING TEXT, LOGOS, NAMES, SLOGANS, ETC., HAVE NOT BEEN REVIEWED FOR ACCURACY OR INTELLECTUAL PROPERTY CLEARANCE. 10Corp MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, OR WHETHER OUTPUTS MAY INFRINGE ON THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. YOU SHOULD SEEK INDEPENDENT PROFESSIONAL LEGAL ADVICE BEFORE RELYING ON ANY AUTO-GENERATED OUTPUT.
YOU ALSO ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY 10Corp, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS 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.
USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THIS 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.
19. LIMITATION OF LIABILITY
IN NO EVENT SHALL 10Corp, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES DAMAGES 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, 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,
(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 10Corp IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
(XI) ANY AUTO-GENERATED OUTPUTS CREATED USING THE SERVICES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL 10Corp’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
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.
20. INDEMNITY
You agree to protect, defend, indemnify, and hold harmless 10Corp and its officers, directors, employees, agents, and third-party service providers 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 10Corp 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 policies or agreements 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.
21. COMPLIANCE WITH LOCAL LAWS
10Corp makes no representation or warranty that the content available on this Site or the Services found at this Site is 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.
22. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section shall apply to all Disputes between you and 10Corp, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and 10Corp arising under or relating to any 10Corp Services or Products, 10Corp’s websites, these Terms, or any other transaction involving you and 10Corp, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under the law. YOU AND 10Corp AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR 10Corp FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and 10Corp further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING, AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 19 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
(D) Dispute Notice. In the event of a Dispute, you or 10Corp must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to 10Corp must be addressed to: 10Corp, 2150 E Warner Rd., Tempe, AZ 85284, Attn.: Legal Department (the “10Corp Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If 10Corp and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or 10Corp may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND 10Corp AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. NEITHER YOU NOR 10Corp WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 19 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability.
23. UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account balance (a credit positive balance), whether in In-Store Credits, a Good as Gold Account, or otherwise, for three (3) years or more for any reason, then 10Corp shall turn over such an account balance to the applicable U.S. state in accordance with state law.
You acknowledge and agree that we will deem In-Store Credits dormant if they are both 12 months old and have not been used to pay for a Service or fee. In the case of dormant In-Store Credits, 10Corp may, as permitted by law, withhold a monthly dormancy charge from the available In-Store Credits in an amount equal to the lesser of $25.00 or the total In-Store Credits available on the date of the dormancy charge. If there are no In-Store Credits available, we will not apply further dormancy charges. We may apply the dormancy charge to In-Store Credits without prior notice to you.
24. 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.
25. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
26. 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 the Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store, or transmit any technical information or data that is controlled under 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 with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, 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 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.
27. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes 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.
28. ENGLISH LANGUAGE CONTROLS
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
29. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address.
10Corp Legal Department
4310 W. 190th St, Suite # 56191
Torrance, CA, 90504
legal@10corp.com