Terms & Conditions

Updated 27 August, 2020

User Agreement.

Agreeing to Servergoal’s Acceptable Use Policy and Terms of Service is mandatory for using our services. By agreeing to our terms of service, you also agree to all other policies and agreements. Additional terms may also apply to certain Services, and are combined by reference herein as applicable.

In this Agreement “You” and “Your” refer to You as the user of our services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “Us” and “Our” refer to Servergoal. This Agreement explains our obligations to You, and explains your obligations to us for using our services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular services.

When you use our site, Your account (or you permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.

Terms and Agreement Modification.

You agree that Servergoal may, in its sole and absolute discretion, modify this Agreement and the Services it offers to You from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services, after such changes or modifications have been made, constitutes Your agreement to be bound by this Agreement as last revised. If you have purchased Services from Servergoal, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as you take advantage of and use the Services.

Eligibility and Authority.

Our site and Services are available only to users who can form legally binding contracts under applicable law. By using this site and/or the Services, You represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services.

If You are entering this Agreement on behalf of a corporate entity, You represent and warrant that You have legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference), in which case “You”, “Your” will also refer to such corporate entity.

If, after acceptance of this Agreement, We find that You do not have the legal authority to bind said corporate entity, You will be personally responsible for the obligations contained in this Agreement and any/all related agreements that You enter into based on the Services You use, including but not limited to the payment obligations.

Servergoal shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document or communication reasonably believed by Us 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, We reserve the right (but undertake no duty) to require additional authentication from You.

You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Services, whether or not authorized by You.

Account Information.

Accounts & Accurate Information. In order to access some of the features of this site or use some of the Services, You will have to create an Account. You represent and warrant 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. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services.

If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.

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 username/login, support pin code, password, API key (if any) and any/all content which might include payment details.

You must notify Servergoal immediately of any breach of security or unauthorized use of Your Account. We 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 We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person.

Availability of Website and Services.

We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our Site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

You acknowledge and agree that We have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to You or any other party with regard to such, including but not limited to loss of revenue.

Servergoal offers, as part of the Services available to You, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between You and Servergoal. Nothing contained in any agreement executed between You and a third-party provider shall eliminate, reduce or add to the obligations of Servergoal as described herein.

All paid Services are non-refundable, unless otherwise specified.

User Dashboard.

The user dashboard associated with Your Account (“User Dashboard”) enables You to purchase, renew, extend, suspend or cancel Service(s). You acknowledge and agree that You will not use the User Dashboard to abuse and/or overload any of Our Systems or Services or any API.

Abuse of the User Dashboard will be determined in Our sole and absolute discretion. It includes but is not limited to repetitive, high volume requests, inquiries, calls or other excessive use or abuse of Our Systems or Service(s) or any API.

You further agree to abide by such guidelines on acceptable use of Our Services (and/or the User Dashboard) as set forth by Us, which may change at any time in Our sole and absolute discretion. In addition to any other right to terminate, Servergoal specifically has the right to immediately terminate Your Account, without notice or right to cure, in the event that You violate this term.

Acceptable Use Policies (AUP):

You acknowledge and agree to the following with respect to all of Our Services:

Storage and Security.

You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password and API key (if any)) and Account information.

You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your content displayed, linked, transmitted through or stored on or hosted on Our server.

You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on Servergoal servers; and (iv) ensure the confidentiality of Your password.

Servergoal servers are not an archive and Servergoal shall have no liability to You or any other person for loss, damage or destruction of any of Your content. Though some Services offered by Servergoal are PCI (Payment Card Industry) compliant, they should not be utilized as such without further compliance activity with respect to Your business.

Servergoal shall have no liability to You or any other person for Your use of Servergoal Services in violation of these terms. Further, You agree not to undertake any activities that may impact or place at risk Servergoal’s ability to maintain Our PCI compliance. We reserve the right to take any action necessary to ensure Our ongoing PCI compliance status.

Third-Party Content.

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Servergoal has the absolute right to reject any advertising or other third party content that is illegal, offensive, defamatory or otherwise in breach of the then-current Servergoal policy or agreement. Such content may result in the suspension or in the immediate termination of Your account.

Trademark or Copyright Claims.

Servergoal is a service provider and respects the copyrights and other intellectual property rights of others. To the extent, Servergoal receives proper notice of infringement of copyright, trademark or other intellectual property, Servergoal reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Servergoal believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

Servergoal expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Servergoal also reserves the right to terminate an account or subscriber for even one instance of infringement.

Spam Policy.

No Spam Policy. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using Our products and services for the purpose of sending spam are fully investigated. If We determine there is a problem with spam, We will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

    • 1. Email Messages
    • 2. Newsgroup postings
    • 3. Windows system messages
    • 4. Pop-up messages (aka “adware” or “spyware” messages)
    • 5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
    • 6. Online chat room advertisements
    • 6. Guestbook or Website Forum postings
    • 6. Facsimile Solicitations
    • 6. Text/SMS Messages

We will not allow Our servers and services to be used for the purposes described above. In order to use Our products and services, You must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but You must also abide by this no spam policy.

If We determine the services in question are being used in association with spam, We will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period deemed appropriate by Servergoal. The registrant or customer will be required to respond by email to Us stating that they will cease to send spam and/or have spam sent on their behalf. We may require a non-refundable reactivation fee to be paid before the site, email boxes and/or Services are reactivated. In the event We determine the abuse has not stopped after Services have been restored the first time, We may terminate any and all Services associated with the domain name in question and, if We do, no refund will be available to You.

You agree that We may immediately terminate any Account which we believe, in Our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition.

Additional Reservation of Rights.

Servergoal expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Servergoal in its sole and absolute discretion), including but not limited to the following:

  • 1. To correct mistakes made by Servergoal in offering or delivering any Services (including any domain name registration);
  • 2. To protect the integrity and stability of, and correct mistakes made by any domain name registry;
  • 3. To assist with our fraud and abuse detection and prevention efforts;
  • 4. To comply with applicable local, state, national and international laws, rules and regulations;
  • 5. To comply with requests of law enforcement, including subpoena requests;
  • 6. To comply with any dispute resolution process;
  • 6. 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,
  • 6. To avoid any civil or criminal liability on the part of Servergoal, its officers, directors, employees and agents, as well as Servergoal’s affiliates.

Servergoal expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Servergoal also reserves the right to terminate an account or subscriber for even one instance of infringement.

In the event that Servergoal needs to exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on Your accounts, and You will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

Termination and Cancellation Policy.

The initial term of Your agreement with Servergoal shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Servergoal shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.

This agreement may be terminated:

  • 1. by You when You discontinue the use of Our Services or
  • 2. by Servergoal at any time, without prior notice, if, in Servergoal’s judgment, You are in violation of any terms or conditions herein;
  • 3. in Servergoal’s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Servergoal or could disrupt Servergoal’s business operations;
  • 4. by Servergoal if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and Servergoal.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that Servergoal may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Servergoal.

In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs Servergoal incurs in closing Your account. You agree to pay any and all costs incurred by Servergoal in enforcing Your compliance with this section. Upon termination, You shall destroy any copy of the materials provided to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Servergoal may delete all information related to You on the Services.

Account Use.

You are responsible for the security of Your Account access credentials. Servergoal will not change passwords to any account. Should You need to restore access to Your account, You will need to provide Us with appropriate identification, as determined by Us in Our sole discretion, and We will initiate a password reset process for You to complete. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Servergoal will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Servergoal be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Servergoal from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Servergoal you should take all due precautions to provide any sensitive information over a secure communication channel.

Indemnification.

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Servergoal and all affiliates of Servergoal, and all officers, agents, employees, and representatives of Servergoal, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of Servergoal products and/or services by Servergoal and its agents and employees. Further, You agree to defend, indemnify and hold harmless Servergoal and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of:

  • 1. any breach of any representation or warranty provided in this Agreement, or as provided by Servergoal’s AUP or any other agreement that has been incorporated by reference herein;
  • 2. the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer;
  • 3. any intellectual property or other proprietary rights of any person or entity;
  • 4. any information or data You supplied to Servergoal, including, without limitation, any misrepresentation in Your application, if applicable;
  • 5. the inclusion of metatags or other elements in any website created for You or by You via the Services;
  • 6. any information, material, or services available on Your Servergoal hosted website;
  • 6. 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 Servergoal be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Servergoal may seek a written confirmation from You concerning Your obligation to defend, indemnify and hold harmless Servergoal. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Servergoal shall have the right to participate in the defence of any such claim through counsel of its Own choosing. You agree to notify Servergoal of any such claim promptly in writing and to allow Servergoal to control the proceedings. You agree to cooperate fully with Servergoal during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

Force Majeure.

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Servergoal, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, Servergoal may immediately terminate this Agreement.

Assignment and Resale.

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Servergoal’s prior express written consent.

Final Agreement.

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Servergoal’s Services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.