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Park I.T. Solutions, L.L.C.
Universal Terms of Service Agreement

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 Park I.T. Solutions, L.L.C., a/an AZ llc (“Park I.T. Solutions, L.L.C.”) 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 Park I.T. Solutions, L.L.C.. 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.

Park I.T. Solutions, L.L.C., 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, Park I.T. Solutions, L.L.C. 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. Park I.T. Solutions, L.L.C. shall not be liable for any loss or damage resulting from Park I.T. Solutions, L.L.C.’s reliance on any instruction, notice, document or communication reasonably believed by Park I.T. Solutions, L.L.C. 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, Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Park I.T. Solutions, L.L.C. 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, Park I.T. Solutions, L.L.C. recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with Park I.T. Solutions, L.L.C.. You must notify Park I.T. Solutions, L.L.C. immediately of any breach of security or unauthorized use of your Account. Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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:

  1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
  2. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
  3. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  4. You will not use this Site or the Services found at this Site in a manner (as determined by Park I.T. Solutions, L.L.C. in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Park I.T. Solutions, L.L.C. or Park I.T. Solutions, L.L.C.’s Services.
  5. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Park I.T. Solutions, L.L.C..
  6. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  7. You will not access Park I.T. Solutions, L.L.C. Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Park I.T. Solutions, L.L.C. may designate.
  8. You agree to back-up all of your User Content so that you can access and use it when needed. Park I.T. Solutions, L.L.C. does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  9. You will not use this Site or the Services found at this Site, including any of Park I.T. Solutions, L.L.C.’s related technologies, for any commercial use without Park I.T. Solutions, L.L.C.’s express prior written consent.

Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Park I.T. Solutions, L.L.C. Content and User Content posted to Park I.T. Solutions, L.L.C.’s corporate websites (i.e., those sites which Park I.T. Solutions, L.L.C. 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.

Park I.T. Solutions, L.L.C. 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 (“Park I.T. Solutions, L.L.C. Content”), are owned by or licensed to Park I.T. Solutions, L.L.C. 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. Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C.. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Park I.T. Solutions, L.L.C. reserves all rights not expressly granted in and to the Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Park I.T. Solutions, L.L.C. Content or the User Content therein.

6. Park I.T. Solutions, L.L.C.'S USE OF USER CONTENT

The provisions in this Section 6 apply specifically to Park I.T. Solutions, L.L.C.’s use of User Content posted to Park I.T. Solutions, L.L.C.’s corporate websites (i.e., those sites which Park I.T. Solutions, L.L.C. 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:

  1. Your User Submissions are entirely voluntary.
  2. Your User Submissions do not establish a confidential relationship or obligate Park I.T. Solutions, L.L.C. to treat your User Submissions as confidential or secret.
  3. Park I.T. Solutions, L.L.C. has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  4. Park I.T. Solutions, L.L.C. may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C.’s (and Park I.T. Solutions, L.L.C.’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 Park I.T. Solutions, L.L.C. 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, Park I.T. Solutions, L.L.C. shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Park I.T. Solutions, L.L.C.’s (or Park I.T. Solutions, L.L.C.’s affiliates’) business(es).

7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Park I.T. Solutions, L.L.C. generally does not pre-screen User Content (whether posted to a website hosted by Park I.T. Solutions, L.L.C. or posted to this Site). However, Park I.T. Solutions, L.L.C. 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. Park I.T. Solutions, L.L.C. may remove any item of User Content (whether posted to a website hosted by Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. in its sole and absolute discretion), at any time and without prior notice. Park I.T. Solutions, L.L.C. may also terminate a User’s access to this Site or the Services found at this Site if Park I.T. Solutions, L.L.C. has reason to believe the User is a repeat offender. If Park I.T. Solutions, L.L.C. terminates your access to this Site or the Services found at this Site, Park I.T. Solutions, L.L.C. 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

Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C., its officers, directors, employees and agents, as well as Park I.T. Solutions, L.L.C.’s affiliates.

Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C.’s Anti-Spam Policy referenced above and available here. You agree Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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

Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C.’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 Park I.T. Solutions, L.L.C.. Park I.T. Solutions, L.L.C. assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. from any and all liability arising from your use of any third-party website. Accordingly, Park I.T. Solutions, L.L.C. 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”. Park I.T. Solutions, L.L.C., 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. Park I.T. Solutions, L.L.C., 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C., 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 Park I.T. Solutions, L.L.C., 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C.’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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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. Park I.T. Solutions, L.L.C. 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, Park I.T. Solutions, L.L.C.'s issuance of a refund receipt is confirmation that Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C.’s “Good As Gold Prepaid Services” to establish a cash reserve for charge by Park I.T. Solutions, L.L.C. (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 Park I.T. Solutions, L.L.C. 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, Park I.T. Solutions, L.L.C. will automatically renew your Services when they come up for renewal and will take payment from the Payment Method you have on file with Park I.T. Solutions, L.L.C. at Park I.T. Solutions, L.L.C.’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, Park I.T. Solutions, L.L.C. 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, Park I.T. Solutions, L.L.C. will automatically update your payment profile on your behalf. Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. shall not be liable to you or any third party regarding the same.

If for any reason Park I.T. Solutions, L.L.C. is unable to charge your Payment Method for the full amount owed for the Services provided, or if Park I.T. Solutions, L.L.C. is charged a penalty for any fee it previously charged to your Payment Method, you agree that Park I.T. Solutions, L.L.C. may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason Park I.T. Solutions, L.L.C. is unable to charge your credit card with the full amount owed for the Services provided, or if Park I.T. Solutions, L.L.C. is charged back for any fee it previously charged to the credit card you provided, you agree that Park I.T. Solutions, L.L.C. may pursue all available lawful remedies in order to obtain payment. You agree that the remedies Park I.T. Solutions, L.L.C. 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. Park I.T. Solutions, L.L.C. reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Park I.T. Solutions, L.L.C. may perform outside the normal scope of its Services, (ii) additional time and/or costs Park I.T. Solutions, L.L.C. may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C..

While all transactions are processed in U.S. dollars, Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C.’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 Park I.T. Solutions, L.L.C., 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you understand and agree that Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C.’s bank, which may reduce the amount of the money received by Park I.T. Solutions, L.L.C.’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 Park I.T. Solutions, L.L.C.. You hereby expressly give Park I.T. Solutions, L.L.C. permission to reduce your Good As Gold Account by the amount of wire transfer fees Park I.T. Solutions, L.L.C. 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. Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. purchase process at Park I.T. Solutions, L.L.C.’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 Park I.T. Solutions, L.L.C.’s website. Your Good As Gold Account will show purchases and the amount of funds remaining in your Good As Gold Account. Park I.T. Solutions, L.L.C. reserves the right at all times to disclose any information about your Good As Gold Account as Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C..

(B) PAY BY CHECK (ELECTRONIC CHECK)

By using Park I.T. Solutions, L.L.C.’s pay by check option (“Pay By Check”), you can purchase Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. may pursue all available lawful remedies in order to obtain payment (plus applicable fees). Park I.T. Solutions, L.L.C. 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.

AK

$30

IN

$20

MO

$25

OK

$25

VT

$25

AZ

$25

IA

$30

MT

$30

OR

$25

VI

$15

AR

$25

KS

$30

NE

$25

PA

$25

VA

$50

CA

$25

KY

$25

NV

$25

PR

$15

WA

$25

CO

$40

ME

$25

NH

$25

RI

$25

WV

$25

CT

$20

MD

$35

NJ

$25

SC

$30

WI

$25

DE

$40

MA

$25

NM

$25

SD

$40

WY

$30

DC

$15

MI

$25

NY

$20

TN

$30

HI

$30

MN

$30

NC

$25

TX

$30

FL: $25.00 for face value less than or equal to $50.00
$30.00 for face value of $50.01 up to and including $300.00
$40.00 for face value greater than $300.00
Or five percent (5%) of face value, whichever is greater

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 Park I.T. Solutions, L.L.C.’s pay by PayPal payment option (“PayPal”), you can purchase Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C.’s pay by Alipay payment option (“Alipay”), you can purchase Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C..

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 Park I.T. Solutions, L.L.C. shall be liable to you or any third party regarding the same. You agree that Alipay and Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. will not attempt to fulfill the Services purchased by you until Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. receives confirmation of payment from Alipay, or (ii) you change the Services (including domain names) in your shopping cart after Park I.T. Solutions, L.L.C. redirects you to Alipay for payment (and, as a result, your purchase is either over-funded or under-funded), Park I.T. Solutions, L.L.C. 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 Park I.T. Solutions, L.L.C. 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

Park I.T. Solutions, L.L.C. 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:

Park I.T. Solutions, L.L.C. Legal Department
14455 North Hayden Rd.
Suite 219
Scottsdale, AZ 85260
support@secureserver.net


Revised: 7/23/2010
Copyright © 2005-2010 All Rights Reserved.

This page contains links to current corporate policies as well as service and end user license agreements for each product
and service available through Park I.T. Solutions. To view any of the documents presented on this page,
click on a specific policy/agreement.

Park I.T. Solutions, L.L.C.
Universal Terms of Service for Park I.T. Solutions, L.L.C. Software and Services
This Universal Terms of Service for Park I.T. Solutions, L.L.C. Software and Services Agreement ("Agreement") is by and between Park I.T. Solutions, L.L.C. ("Park I.T. Solutions, L.L.C.") a/an AZ sole proprietor and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Park I.T. Solutions, L.L.C. software (ìSoftwareî) and services (ìServicesî) and explains Park I.T. Solutions, L.L.C.'s obligations to You and Your obligations to Park I.T. Solutions, L.L.C. in relation to the Software and Services You purchase.

This Agreement as well as any additional Park I.T. Solutions, L.L.C. policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Park I.T. Solutions, L.L.C. concerning Your use of Park I.T. Solutions, L.L.C.'s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All Park I.T. Solutions, L.L.C. policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy (ìUDRPî). By purchasing Park I.T. Solutions, L.L.C.'s Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Park I.T. Solutions, L.L.C. may establish from time to time, and any agreements that Park I.T. Solutions, L.L.C. is currently bound by or will be bound by in the future. You may view the latest versions of these Agreements here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Park I.T. Solutions, L.L.C., whether or not the transactions were in Your behalf. You acknowledge that Park I.T. Solutions, L.L.C.'s acceptance of any application made by You for Services provided by Park I.T. Solutions, L.L.C. will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.

The General Terms in Section A apply to all customers of Park I.T. Solutions, L.L.C.. The Software and Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services.


A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES


1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that Park I.T. Solutions, L.L.C. may modify this Agreement and the Services from time to time. You agree to be bound by any changes Park I.T. Solutions, L.L.C. may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Park I.T. Solutions, L.L.C., the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, Park I.T. Solutions, L.L.C. will not refund any amounts You have paid. You agree that Park I.T. Solutions, L.L.C. shall not be bound by any representations made by third parties who You may use to purchase Services from Park I.T. Solutions, L.L.C., and that any statement of a general nature, which may be posted on Park I.T. Solutions, L.L.C.'s web site or contained in Park I.T. Solutions, L.L.C.'s promotional materials, will not bind Park I.T. Solutions, L.L.C.. Park I.T. Solutions, L.L.C. may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying Park I.T. Solutions, L.L.C. should You desire to terminate Your use of Park I.T. Solutions, L.L.C.'s Services. Notification of Your intent to terminate must be provided to Park I.T. Solutions, L.L.C. no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date.


2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to Park I.T. Solutions, L.L.C., as needed, while You are using Park I.T. Solutions, L.L.C.'s Services. You agree You will notify Park I.T. Solutions, L.L.C. within five (5) business days when any change 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 Park I.T. Solutions, L.L.C. to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that Park I.T. Solutions, L.L.C. may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Park I.T. Solutions, L.L.C.'s Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Park I.T. Solutions, L.L.C. has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Park I.T. Solutions, L.L.C. has the absolute right, in its sole discretion, to terminate its Services and close Your account.


3. PRIVACY.
You can view Park I.T. Solutions, L.L.C.'s Privacy Policy here , which is incorporated herein by reference, as it is applicable to all Park I.T. Solutions, L.L.C. Software and Services. The Privacy Policy provides Your rights and Park I.T. Solutions, L.L.C.'s responsibilities with regard to Your personal information. Park I.T. Solutions, L.L.C. will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Park I.T. Solutions, L.L.C. immediately of any unauthorized use of Your account or any other breach of security. You agree Park I.T. Solutions, L.L.C. will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Park I.T. Solutions, L.L.C. or another party due to someone else using Your Account Access Information. You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Park I.T. Solutions, L.L.C. specifically disclaims liability for any activity in Your account, whether authorized by You or not.

5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of Park I.T. Solutions, L.L.C.'s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Park I.T. Solutions, L.L.C. if, for any reason, Park I.T. Solutions, L.L.C. takes corrective action with respect to Your improper or illegal use of its Services.

Park I.T. Solutions, L.L.C. reserves the right at all times to disclose any information as Park I.T. Solutions, L.L.C. 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, in Park I.T. Solutions, L.L.C.'s sole discretion.

If You have purchased Services, Park I.T. Solutions, L.L.C. has no obligation to monitor Your use of the Services. Park I.T. Solutions, L.L.C. reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Park I.T. Solutions, L.L.C. reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

Park I.T. Solutions, L.L.C. reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Park I.T. Solutions, L.L.C. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Park I.T. Solutions, L.L.C. may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Except as set forth below, Park I.T. Solutions, L.L.C. may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by Park I.T. Solutions, L.L.C. in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event Park I.T. Solutions, L.L.C. cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to Park I.T. Solutions, L.L.C. in connection with the Services being cancelled. In the event Park I.T. Solutions, L.L.C. deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Park I.T. Solutions, L.L.C. if, for any reason, Park I.T. Solutions, L.L.C. takes corrective action with respect to Your improper or illegal use of its Services.


6. NO SPAM; LIQUIDATED DAMAGES.
You agree Park I.T. Solutions, L.L.C. may immediately terminate any account which it believes, in its sole 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 Park I.T. Solutions, L.L.C. liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Park I.T. Solutions, L.L.C.'s actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of Park I.T. Solutions, L.L.C. ís Anti-Spam Policy, available here . Such terms and conditions are applicable to the use of all Park I.T. Solutions, L.L.C. Software and Services and are incorporated herein.

7. INTELLECTUAL PROPERTY.
You agree that Park I.T. Solutions, L.L.C. or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.

You understand and agree that all content and materials contained in this Agreement, other policies, the Park I.T. Solutions, L.L.C. web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Park I.T. Solutions, L.L.C. or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Park I.T. Solutions, L.L.C. or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.


8. USE OF Park I.T. Solutions, L.L.C. SOFTWARE.
If You have licensed software from Park I.T. Solutions, L.L.C., Park I.T. Solutions, L.L.C. grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two (2) or more computers at one time.

You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

Park I.T. Solutions, L.L.C. reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of Park I.T. Solutions, L.L.C.. The source code and its organization are the exclusive property of Park I.T. Solutions, L.L.C. and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by Park I.T. Solutions, L.L.C..

Park I.T. Solutions, L.L.C. PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


9. FEES AND PAYMENT.
As consideration for the Software or Services purchased by You and provided to You by Park I.T. Solutions, L.L.C., You agree to pay Park I.T. Solutions, L.L.C. at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Park I.T. Solutions, L.L.C. expressly reserves the right to modify pricing through email notification and/or notice on its web site. Payment may be made by You by providing either a valid credit card, an online check, a personal check, or using Park I.T. Solutions, L.L.C.'s prepaid service Good as Gold, (ìPrepaid Servicesî) to establish a cash reserve for charge by Park I.T. Solutions, L.L.C. (collectively, the "Payment Method"). Your Prepaid Services account may be funded by a money order or a personal check under as further described, below. Your Payment Method on file must be kept valid if You have any active products in Your account.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase 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. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Park I.T. Solutions, L.L.C. will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Park I.T. Solutions, L.L.C., at Park I.T. Solutions, L.L.C.'s then current rates.

If for any reason Park I.T. Solutions, L.L.C. is unable to charge Your Payment Method for the full amount owed Park I.T. Solutions, L.L.C. for the Services provided, or if Park I.T. Solutions, L.L.C. is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Park I.T. Solutions, L.L.C. may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Park I.T. Solutions, L.L.C. is unable to charge Your credit card with the full amount of the Services provided, or if Park I.T. Solutions, L.L.C. is charged back for any fee it previously charged to the credit card You provided, You agree that Park I.T. Solutions, L.L.C. may pursue all available remedies in order to obtain payment. You agree that among the remedies Park I.T. Solutions, L.L.C. may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. Park I.T. Solutions, L.L.C. reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager.

You agree that You are solely liable for arranging that Your Services are renewed, and that Park I.T. Solutions, L.L.C. shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.

While all transactions are processed in US dollars, Park I.T. Solutions, L.L.C. may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Park I.T. Solutions, L.L.C. makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.


a. Good as Gold Prepaid Services
  • Service Details.

    By using Park I.T. Solutions, L.L.C.'s Prepaid Services, You can transfer funds to Park I.T. Solutions, L.L.C. in advance and use the balance of Your Prepaid Services Account ("Account") as You please. You can use Your Account to purchase any of the Software or Services of Park I.T. Solutions, L.L.C.. As consideration for the Services purchased by You and provided to You by Park I.T. Solutions, L.L.C., You agree to pay Park I.T. Solutions, L.L.C. in advance for the Services to be provided. Payment is to be made by You providing either a valid credit card, wire transfer, a money order, or personal check. All money orders will be delayed ten (10) days until the money is credited, which may delay Your usage of the product or Services, and any money order that does not clear will result in a $25 processing fee. Personal checks may only be used for payments of $100 or more, and may not be made for less than the amount required at purchase. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services. You agree that if the EFT or bank draft 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 account using an EFT or bank draft.

    You can verify the remaining funds in Your Account at any time by logging in to Manage Your Account or through the shopping cart on the Park I.T. Solutions, L.L.C. web site. Should You decide to terminate Your Account and seek a refund of Your Prepaid Services, 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.

    You acknowledge that funds transferred to Your Account will be held in an account by Park I.T. Solutions, L.L.C., which will not accrue or pay interest for Your benefit. To the extent interest may accrue, if any, You understand and agree that Park I.T. Solutions, L.L.C. shall be entitled to receive and keep any such amounts to cover costs associated with the Prepaid Services.

    You acknowledge that all transactions using 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 Account. Wire transfers received by Park I.T. Solutions, L.L.C. in foreign currencies will be returned and You will be responsible for the cost of returning such funds. Your Account must be funded on an initial basis with no less than one hundred dollars ($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 Account. Any non-U.S. wire transfers may be subject to fees by either Your bank, intermediary banks or Park I.T. Solutions, L.L.C.'s bank, which may reduce the amount of the money received by Park I.T. Solutions, L.L.C.'s bank and subsequently funded into Your Prepaid Good as Gold Account. Customers funding a Good as Gold Account who wire $1,000 or more shall not be subject to a $20 wire transfer processing fee from Park I.T. Solutions, L.L.C.. You hereby expressly give Park I.T. Solutions, L.L.C. permission to reduce Your Account by the amount of wire transfer fees Park I.T. Solutions, L.L.C. incurs in order to receive Your funds. All fees are subject to change and will be updated online in this Agreement.

    Prepaid Services Accounts will receive a 2% discount on purchases (the "Cash Discount") . The Cash Discount will be reflected in Your Account balance. Thus, purchases will reduce the balance of Your Account by 98% of the total purchase price of each transaction. For example, if Your Account is funded with an initial amount of $100.00 and You make a $10.00 purchase, Your Account will be reduced by only $9.80. Park I.T. Solutions, L.L.C. reserves the right to discontinue or change the Cash Discount at any time, without notice.

  • Your Use of Prepaid Services

    Use of funds in Your Account can only be made through the Park I.T. Solutions, L.L.C. purchase process at Park I.T. Solutions, L.L.C.'s web site. Purchases may not be made unless there are sufficient, available funds in Your 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 Account at any time. The minimum increment for funds transfers is one hundred dollars ($100.00).

    You will be able to access Your Account activity and records from the Manage Your Account link on Park I.T. Solutions, L.L.C.'s web site. Your Account will show purchases and the amount of funds remaining in Your Account. Park I.T. Solutions, L.L.C. reserves the right at all times to disclose any information about Your Account as Park I.T. Solutions, L.L.C. 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 Account, in the sole discretion of Park I.T. Solutions, L.L.C..

  • Specific Representations and Warranties

    You agree that Park I.T. Solutions, L.L.C. makes no representations or warranties of any kind in connection with Prepaid Services. Park I.T. Solutions, L.L.C. expressly reserves the right to deny, cancel or transfer any Account that it deems necessary, in its discretion, to protect the integrity and stability of the Prepaid Services system, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Park I.T. Solutions, L.L.C., as well as its affiliates, subsidiaries, officers, directors and employees. Park I.T. Solutions, L.L.C. also reserves the right to freeze an Account during resolution of a dispute.


    • b. Payment By Check
    By using Park I.T. Solutions, L.L.C.'s pay by check option (ìPay By Checkî), You can purchase Park I.T. Solutions, L.L.C. Software and Services using a personal check. In consideration for the Software and Services purchased by You and provided to You by Park I.T. Solutions, L.L.C., You agree to allow Certegy Check Services, Inc. ("Certegy") to debit the full amount of this transaction from Your 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 to have available funds in it. You agree that Certegy and Park I.T. Solutions, L.L.C. will not be responsible for payments that fail to go through as a result of Your checking account no longer existing, or holding insufficient funds. If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, You agree that Certegy and Park I.T. Solutions, L.L.C. may pursue all available remedies in order to obtain payment. You agree that if the EFT or bank draft 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 account using an EFT or bank draft.

    The check may not be for less than the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks may be delayed up to fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services.

    By clicking the box labeled ìI agreeî to the terms of the Pay by Check terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT) or bank draft, and You authorize a debit of THE FULL AMOUNT of this order from Your checking account.


    c. Pay by PayPal
    By using Park I.T. Solutions, L.L.C.'s pay by PayPal, Inc. (ìPayPalî) option (ìPay by PayPalî), You can purchase Park I.T. Solutions, L.L.C. Software and Services using PayPal. In consideration for the Software and Services purchased by You and provided to You by Park I.T. Solutions, L.L.C., You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.

    It is Your responsibility to keep Your PayPal Account current, to have available funds in it and to have Your PayPal Account backed by a valid credit card. You agree that PayPal and Park I.T. Solutions, L.L.C. will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and Park I.T. Solutions, L.L.C. may pursue all available 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 account by PayPal or charged to Your Preferred Funding Source.

    By clicking the box labeled ìI agreeî to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.


    10. REPRESENTATIONS AND WARRANTIES.
    You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

    Park I.T. Solutions, L.L.C. expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Park I.T. Solutions, L.L.C., as well as its affiliates, subsidiaries, officers, directors and employees. Park I.T. Solutions, L.L.C. also reserves the right to freeze a domain name during resolution of a dispute.


    11. LIMITATION OF LIABILITY .
    IN NO EVENT SHALL Park I.T. Solutions, L.L.C. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Park I.T. Solutions, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Park I.T. Solutions, L.L.C.'s liability is limited to the full extent permitted by law. You agree that in no event shall Park I.T. Solutions, L.L.C.'s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Park I.T. Solutions, L.L.C..


    12. DISCLAIMER OF WARRANTIES .
    Park I.T. Solutions, L.L.C. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Park I.T. Solutions, L.L.C. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Park I.T. Solutions, L.L.C. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.


    13. INDEMNIFICATION.
    You agree to defend, indemnify and hold harmless Park I.T. Solutions, L.L.C. and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Park I.T. Solutions, L.L.C. whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Park I.T. Solutions, L.L.C. or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Park I.T. Solutions, L.L.C. harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Park I.T. Solutions, L.L.C. be notified of a pending law suit, or receive notice of the filing of a law suit, Park I.T. Solutions, L.L.C. may seek a written confirmation from You concerning Your obligation to indemnify Park I.T. Solutions, L.L.C.. Your failure to provide such a confirmation may be considered a breach of this Agreement. You agree that Park I.T. Solutions, L.L.C. shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Park I.T. Solutions, L.L.C. of any such claim promptly in writing and to allow Park I.T. Solutions, L.L.C. to control the proceedings. You agree to cooperate fully with Park I.T. Solutions, L.L.C. during such proceedings.

    You agree to cooperate fully with Park I.T. Solutions, L.L.C. during such proceedings. You agree You will not be entitled to a refund of any fees paid to Park I.T. Solutions, L.L.C. if, for any reason, Park I.T. Solutions, L.L.C. takes corrective action with respect to Your improper or illegal use of its Services. You also agree that if Park I.T. Solutions, L.L.C. is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Site Analytics account of Yours with Park I.T. Solutions, L.L.C., that Park I.T. Solutions, L.L.C., in its sole discretion, may take whatever action Park I.T. Solutions, L.L.C. deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.


    14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
    This Agreement shall be deemed entered into in the State of Arizona. Except for disputes concerning the user of a domain name registered with Park I.T. Solutions, L.L.C., You agree that the laws and judicial decisions of Maricopa 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 Maricopa County, Arizona. For the adjudication of disputes concerning the use of any domain name registered with Park I.T. Solutions, L.L.C., You agree to submit to jurisdiction and venue in the U.S. District Court for the District of Arizona located in Phoenix, Arizona.

    You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.


    15. NOTICES.
    You agree that all notices (except for notices concerning breach of this Agreement) from Park I.T. Solutions, L.L.C. to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Park I.T. Solutions, L.L.C.. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

    Notices from You to Park I.T. Solutions, L.L.C. shall be made either by email, sent to the address provided on the Park I.T. Solutions, L.L.C. web site, or first class mail to Park I.T. Solutions, L.L.C.'s address at:

    Park I.T. Solutions, L.L.C.
    Attn: Legal Counsel
    14455 North Hayden Rd., Suite 219
    Scottsdale, AZ, 85260.

    16. HEADINGS.
    The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

    17. ENTIRE AGREEMENT.
    You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Park I.T. Solutions, L.L.C. regarding the Services contemplated herein.

    18. 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.

    19. WAIVER.
    The failure of Park I.T. Solutions, L.L.C. to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Park I.T. Solutions, L.L.C. thereafter to enforce such provisions.

    20. FORCE MAJEURE.
    Park I.T. Solutions, L.L.C. will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Park I.T. Solutions, L.L.C. liable for any of the consequences of such interruptions.

    21. SURVIVAL.
    Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement.

    22. NO THIRD PARTY BENEFICIARIES.
    Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.


    B. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS
    If You purchase Services from Park I.T. Solutions, L.L.C., the following Software and Services specific agreements, specific to the Services you purchase or use, shall apply and are incorporated within this Agreement in addition to Sections 1-21:

    Domain Names

      Change of Registrant Agreement
      ConsoliDate
      Domain Name Back Ordering and Monitoring Agreement
      Domain Name Proxy Æ Agreement
      Domain Name Registration Agreement
      Domain Name Transfer Agreement
      Domain Transfer Validation Service Agreement
      Parked Page Service Agreement
      Premium Domain Name Agreement

    E-mail

      Email Services User Agreement
      Hosted Exchange Email End User License Agreement
      WebMail End User License Agreement

    Web Site Hosting

      Ad Supported Hosting Service Agreement
      Dedicated Hosting Agreement
      Web Site and Virtual Dedicated Server Service Agreement

    Web Site Creation

      Website Tonight Æ End User License Agreement

    Design Services

      Business Identity Design Service Agreement

      Web Banner Design Service Agreement

      Web Site Design Service and Maintenance Agreement

      Web Site Design Service End User License Agreement

      Website Update Service Agreement

    Other Software and Services

      Calendar End User License Agreement
      Deluxe Business Registration and Business Registration Service Agreement
      Domain Name Appraisal Service Agreement
      Domain Ownership Protection Service Agreement
      Express Email Marketingô End User License Agreement
      Fax Thru Email Service Agreement
      Good As Gold End User License Agreement
      Instant Mobilizer End User License Agreement
      Online File Folder End User License Agreement
      Photo Album Service Agreement
      Quick Blogcast End User License Agreement
      Quick Shopping Cartô End User License Agreement
      Site Analytics Service Agreement
      Traffic BlazerÆ End User License Agreement

    Policies

      Civil Subpoena Policy
      Criminal Subpoena Policy
      ICANN Transfer Dispute Resolution Policy
      Permissions Policy
      Privacy Policy
      Spam Policy
      Trademark and/or Copyright Infringement Policy
      Uniform Domain Name Dispute Policy

    Revised: 4/28/2009
    Copyright © 2005 - 2009 All Rights Reserved.

    Domains and Hosting
    ï Domain Registration Agreement
    ï Renewal Policy
    ï Transfer Agreement
    ï Domain Transfer Validation Service Agreement
    ï Change of Registrant Agreement
    ï ConsoliDate Expiration Agreement
    ï Domain Name Back Ordering and Monitoring Agreement
    ï Hosting Service Agreement
    ï Dedicated Hosting Agreement
    ï Ad Supported Hosting Service Agreement
    ï Private Registrations
    õ Domain Name Proxy Agreement
    ï Domain Name Appraisal
    ï Business Registration
    ï Domain Ownership Protection
    ï Premium Domain Name Agreement
    ï SmartSpace Agreement

    Corporate Policies
    ï Universal Terms of Service
    ï Privacy Policy
    ï Trademark and/or Copyright Infringement Policy
    ï Dispute On Transfer Away
    ï Anti-Spam Policy
    ï Civil Subpoena Policy
    ï Uniform Domain Name Dispute Policy
    ï ICANN Transfer Dispute Resolution Policy
    ï Criminal Subpoena Policy

    		 Products and Services
    ï Good As Gold Prepaid Services End User License Agreement
    ï Express Email Marketing End User License Agreement
    ï Quick Shopping Cart End User License Agreement
    ï Traffic Blazer End User License Agreement
    ï Site Analytics Service Agreement
    ï Online File Folder End User License Agreement
    ï Web/Email
    õ Email Services User Agreement
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