Terms and Conditions
This Terms of Service (“Agreement”) is a legally binding contract between Golden Stupa Media, LLC (“Golden Stupa Media”) and you (“Customer,” “you” or “your”) that shall govern the purchase and use, in any manner, of the services provided by Golden Stupa Media, LLC to Customer (collectively, the “Services”).
By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in New Mexico.
If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of Golden Stupa Media, LLC and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Golden Stupa Media, LLC to cancel your Services.
1. Ownership and Services Purchased
1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased based on their description on the Service Description Page as of the Effective Date, as defined below. Golden Stupa Media, LLC may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by Golden Stupa Media, LLC as set out on the Service Description Page, are referred to as the “Services.”
1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.
2. Term of Agreement
2.1. This Agreement becomes effective immediately when Customer enters into a hosting agreement with Golden Stupa Media LLC and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of Golden Stupa Media, LLC, or by the posting by Golden Stupa Media, LLC of a revised version.
2.2. The term of this Agreement is set to the Customer’s billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
3. Compliance with Applicable Law
3.1. Golden Stupa Media, LLC is registered and located within the United States of America and as such, we are required to comply with the laws of the United States of America, regardless of where the Services are provided.
3.2. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding user content, user websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
3.3. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
3.4. To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
4. Payments and Billing
4.1. Golden Stupa Media, LLC will automatically bill your payment method on file up to fifteen (15) days prior to the due date on all terms of one (1) or more years; for terms less than one (1) year in length, Golden Stupa Media, LLC will attempt to bill your payment method on file up to five (5) days prior to due date. All fees are billed in United States Dollars (“USD”) and are subject to change with thirty (30) days notice prior notice to you
4.2. Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.
4.3. Golden Stupa Media, LLC is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that recurring fees are paid on their due date.
4.4. As a customer of Golden Stupa Media, LLC, it is your responsibility to ensure that all billing information on file with Golden Stupa Media, LLC is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Golden Stupa Media, LLC screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. Golden Stupa Media, LLC has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.
5. Late Payments
5.1. Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Golden Stupa Media, LLC reserves the right to suspend your Service(s) with Golden Stupa Media, LLC and to charge a $10 “late penalty.” Fourteen (14) days following suspension of Services for non-payment, Golden Stupa Media, LLC reserves the right to terminate Service(s) for non-payment.
5.2. Golden Stupa Media, LLC is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Golden Stupa Media, LLC reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
6. Refund Policy and Billing Disputes
6.1. Golden Stupa Media, LLC reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a SSL certificate or free domain name registration, from any refunds or account credits.
6.2. Only first-time accounts are eligible for a refund under the 90 day money back guarantee. For example, if you had or still have an account with Golden Stupa Media, LLC before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with Golden Stupa Media, LLC. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
6.3. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process.
6.4. The following methods of payment are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks, and money orders.
6.5. Golden Stupa Media, LLC will not activate new orders or provide additional Services for customers who have an outstanding balance with Golden Stupa Media, LLC. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Golden Stupa Media, LLC in writing.
6.6. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Golden Stupa Media, LLC is not responsible for any change in exchange rates between time of payment and time of refund. In addition, Golden Stupa Media, LLC reserves the right to refuse a refund at any time for any or no reason.
6.7. If you believe there is an error in Golden Stupa Media, LLC’s billing, you must contact Golden Stupa Media, LLC about it, in writing, within thirty (30) days of the date you are billed or charged. Golden Stupa Media, LLC’s obligation to consider your claim is contingent on your providing it with sufficient facts for Golden Stupa Media, LLC to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify Golden Stupa Media, LLC in writing or meet the deadline set out above. If Golden Stupa Media, LLC finds that your claim is valid, Golden Stupa Media, LLC agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.
7. Chargebacks, Reversals, and Retrievals
7.1. If Golden Stupa Media, LLC receives a chargeback or payment dispute from a credit card company, bank, or PayPal your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to Golden Stupa Media, LLC by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact Golden Stupa Media, LLC’s billing team to address any billing issues.
7.2. If Golden Stupa Media, LLC appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to Golden Stupa Media, LLC by the credit card company or bank. Any double payment resulting from this process will be applied to Customer’s account in the form of a service credit.
8. Cancellation of Services
8.1. Either party may terminate this Agreement by providing notice to the other as provided herein.
8.2. You may cancel Service(s) with Golden Stupa Media, LLC by submitting an email to support@goldenstupa.media. Cancellations are not final until confirmed via email from a representative of Golden Stupa Media, LLC.
8.3. Cancellations must be requested via the form indicated above 48 hours or more prior to the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
8.4. If you pay Golden Stupa Media, LLC via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Golden Stupa Media, LLC (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
When upgrading or downgrading package(s), you are responsible for canceling any previous package(s). To cancel previous package(s), you must submit a written cancellation request as described in Section 8.2 above.
8.5. Golden Stupa Media, LLC may terminate this Agreement at any time by providing notice to Customers via email. Should Golden Stupa Media, LLC terminate this Agreement for any reason other than a material breach, any prepaid fees shall be refunded.
8.6. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
9. Refusal of Service
9.1. Golden Stupa Media, LLC reserves the right to refuse service to anyone at any time. Any material that, in Golden Stupa Media, LLC’s judgment, is obscene, threatening, illegal, or violates Golden Stupa Media, LLC’s terms of service in any manner may be removed from Golden Stupa Media, LLC’s servers (or otherwise disabled), with or without notice.
9.2. Similarly, Golden Stupa Media, LLC reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Golden Stupa Media, LLC is not responsible for any damages or loss of data resulting from such suspension or termination.
9.3. If any manner of communication with Golden Stupa Media, LLC’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
9.4. Golden Stupa Media, LLC happily accepts orders from outside the United States, but may limit accounts from certain countries with a high fraud rate. To help protect Golden Stupa Media, LLC and its customers from fraud, Golden Stupa Media, LLC may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
9.5. The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws.
10. Resource Usage and Bandwidth
10.1. Enforced resource limits for shared packages: With shared hosting, you get your own cPanel account, where you can administer email accounts, access logs, manage files, install server software and SSL certificates and adjust setting. All of our plans include external backups to protect your data.
| Basic Level | Business Level 1 | Business Level 2 | Business Level 3 |
|---|---|---|---|
| $12/ per month | $24/ per month | $34/ per month | $42/ per month |
| $120 annually | $240 annually | $360 Annually | $400 annually |
| cPanel Account | cPanel Account | cPanel Account | cPanel Account |
| 50 GB monthly bandwidth | 100 GB monthly bandwidth | 250 GB monthly bandwidth | 500 GB monthly bandwidth |
| Shared IP | Dedicated IP | Dedicated IP | Dedicated IP |
| cPanel web host manager (WHM) software license | cPanel web host manager (WHM) software license | cPanel web host manager (WHM) software license | cPanel web host manager (WHM) software license |
10.2. VPS Plans: With VPS hosting, you get your very own co-managed virtual server where you can install unlimited cPanel accounts to segregate projects and allocate resources. C0-management means that we can either arrange for complete management of your VPS or allow you to manage yourself, depending on your needs and wished. All of our plane include external backups to protect your data.
| VPS Level 1 | VPS Level 1 | VPS Level 2 |
|---|---|---|
| $42/ per month | $50/ per month | $74/ per month |
| $420 annually | $500 annually | $770 Annually |
| 35GB of storage | 50GB of storage | 80GB of storage |
| 2GB RAM | 3GB RAM | 4GB RAM |
| 500 GB premium monthly bandwidth | 1,000 GB premium monthly bandwidth | 1,500 GB premium monthly bandwidth |
| Unlimited domains and cPanel account installations | Unlimited domains and cPanel account installations | Unlimited domains and cPanel account installations |
11. Bandwidth Usage
11.1. You are allocated a monthly bandwidth allowance depending on the hosting package you purchase.
11.2. Should your account pass the allocated amount, Golden Stupa Media, LLC will send a warning via email and will provide 10 days to remedy, but reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overages.
11.3. Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts unless otherwise specified by a representative of Golden Stupa Media, LLC in writing.
12. Service Modifications
12.1. Golden Stupa Media, LLC reserves the right to add, modify, or remove any or all features from any service Golden Stupa Media, LLC provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third-party applications. These changes can be made for any or no reason and Golden Stupa Media, LLC does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term “materially” means that a reasonable business person would not have purchased the Services for the purposes used by you.
13. Uptime Guarantee
13.1. Golden Stupa Media, LLC guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If Golden Stupa Media, LLC fails to meet its uptime guarantee, you will be issued a credit equivalent to one (1) day of service per one (1) hour of downtime. The first 60 minutes (or 0.125%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service. This clause does not apply to subscribers of Virtual Private Servers (“VPS”).
13.2. If you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 15th.
13.3. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. All credits are at the discretion of Golden Stupa Media, LLC, based on its investigation of any issue that is covered by this section.
14. Support Policy
14.1. Support will be provided at Golden Stupa Media, LLC’s discretion and subject to availability of staff, via telephone or email. Golden Stupa Media, LLC will always do its best to provide fast, friendly, and helpful support over the telephone or email, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums. If a problem is determined to be the result of customer error or customizations, the customer will be billed at our standard support rate.
15. Backup Services
15.1. We keep daily backups Mon-Fri for one month as well as 1 backup from the previous month. Backups include your entire account file structure, settings, emails and logs. Your backups are stored externally in a secure cloud storage platform. If you need access to a backup, please email us at support@goldenstupa.media.
16. Domain Name Registrations, Transfers, and Renewals
16.1. Golden Stupa Media, LLC will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is your responsibility to contact Golden Stupa Media, LLC within fifteen (15) days of the incident for Golden Stupa Media, LLC to investigate. Redemption fees may be charged to Customer for domains that remain expired for more than thirty (30) days, when no contact is made to Golden Stupa Media, LLC in the required timeframe. Golden Stupa Media, LLC’s liability is limited to the amount paid for the domain name.
17. Expired Domain Deletion Policy
17.1. Immediately after the expiration of the term of a domain name’s registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that Golden Stupa Media, LLC may direct the domain name to name servers and IP address(es) designated by Golden Stupa Media, LLC, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that Golden Stupa Media, LLC may either leave your WHOIS information intact or that Golden Stupa Media, LLC may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
17.2. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, you acknowledge that Golden Stupa Media, LLC may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that Golden Stupa Media, LLC may, but is not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that Golden Stupa Media, LLC, for any reason and in its sole discretion, may choose not to offer a reactivation period and that Golden Stupa Media, LLC shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which Golden Stupa Media, LLC may determine at its discretion. You acknowledge and agree that Golden Stupa Media, LLC may make expired domain name services(s) available to third parties, that Golden Stupa Media, LLC may auction off the rights to expired domain name services (the auction beginning near the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.
18. IP Address Allocation
18.1. Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (“ARIN”). Golden Stupa Media, LLC reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
19. Acceptable Usage Policy
19.1. You shall use Golden Stupa Media, LLC’s services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of any state of the United States or the US Federal is prohibited. This includes, but is not limited to: copyrighted material in which you are not the copyright holder or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless Golden Stupa Media, LLC from any claims resulting from the use of the service which damages you or any other party.
19.2. You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:
– Child Pornography – Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
– CPU/Memory/Resource Abuse – Consuming Excessive Amount of Server Resources – Causing Server Performance Issues
– DoS Source – Source of Denial of Service Attack
– DoS Target – Target of Denial of Service Attack
– File Scripts – File Dump/Mirror Scripts (similar to rapidshare)
– Forgery – Faking an IP Address, Hostname, E-Mail Address, or Header
– Fraud Site – Hosting or Linking to a Website Intended to Deceive the Public including
– HYIP – Hosting or Linking to a High Yield Investment Program Website
– Identity Theft – Hosting, Distributing, or Linking to Stolen Account Identification Information
– Infection – Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
– Intellectual Property Infringement – Hosting, distributing, or linking to infringing content
– Investment Sites – FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
– IRC – Internet Relay Chat Server, including IRC Scripts/Bots
– Mass Storage – Storing Mass Amounts of Backups, Archives, Videos, etc.
– Phishing – Identity Theft by Email Under False Pretense
– Proxy Site – Hosting of or linking to an Anonymous Proxy Server
– Bulk Email – No more than 500 emails of similar content (Opt In)
– Spam Email – Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
– Spam List – Hosting, Distributing, or Linking to Email Address Lists for Spam
– Spam Site – A Site Advertised by Spam Email or Spam Web
– Spam Ware – Hosting, Distributing, or Linking to Software Designed for Spamming
– Spam Web – Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
– Spamhaus – Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
– Terrorist Site – Hosting or Linking to a Site Advocating Terrorism
– Any other content or activity that is harmful to others or illegal under applicable law as determined by Golden Stupa Media, LLC in its sole discretion
19.3. In addition, hosting accounts may not be resold unless the account is a Reseller account, VPS, or dedicated server. You may not resell individual services within any single account such as web space, emails accounts, add on domains, or mailing lists. All domains, add-on domains, and sub domains must be for sites controlled by or promoting published content or businesses that are solely controlled by the owner of the account as described above.
19.4. Golden Stupa Media, LLC responds to valid notices of alleged copyright infringement. Copyright complaints are handled pursuant to the Digital Millennium Copyright Act (“DMCA”). Complaints that do not comply with the DMCA will not be processed. For more information on how to submit a DMCA complaint, please see our DMCA Policy.
19.5. Defamation and Objectionable Material. Golden Stupa Media, LLC values the freedom of expression and encourages Users to be respectful with the content they post. As a web host, Golden Stupa Media, LLC is not a publisher of User content and is generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which Golden Stupa Media, LLC may find objectionable, should be censored. Accordingly, Golden Stupa Media, LLC generally requires a court order from a court of competent jurisdiction, as determined by Golden Stupa Media, LLC in its sole discretion, to take down alleged defamatory or objectionable content. However, Golden Stupa Media, LLC reserves the right to disable or remove any content to prevent harm to others or to Golden Stupa Media, LLC, as determined in Golden Stupa Media, LLC’s sole discretion.
20. Restrictions on Storage Space Usage
20.1. All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by Golden Stupa Media, LLC, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.
21. Warranties
21.1. Your Warranties to Golden Stupa Media, LLC: You represent and warrant to Golden Stupa Media, LLC that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide Golden Stupa Media, LLC with material that may be implemented by it to provide the Services without extra effort on Golden Stupa Media, LLC’s part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it. You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to Golden Stupa Media, LLC, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.
21.2. Golden Stupa Media, LLC’s Warranties: You expressly agree that use of Golden Stupa Media, LLC’s services is at your own risk. the services are provided as-is and as-available. other than as expressly set out in this agreement, Golden Stupa Media, LLC has not, and does not, make any warranties whether express or implied. this disclaimer includes, but is not limited to, the warranties or non-infringement, fitness for a particular purpose, warranties or merchantability, and/or title. neither Golden Stupa Media, LLC, its parent, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Golden Stupa Media, LLC’s services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability, of any information service or merchandise contained in or provided through Golden Stupa Media, LLC’s network, unless otherwise expressly stated in this agreement. Golden Stupa Media, LLC specifically disclaims any and all warranties regarding services provided by third parties, regardless of whether those services appear to be provided by Golden Stupa Media, LLC. No warranties made by these third parties to Golden Stupa Media, LLC shall be passed through to you, nor shall you claim to be a third party beneficiary of such warranties. The warranty disclaimers contained in this agreement extend to any oral or written information you may have received from Golden Stupa Media, LLC, its employees, third-party vendors, agents or affiliates. you may not rely on such information.
21.3. Some states do not allow Golden Stupa Media, LLC to exclude certain warranties. if this applies to you, your warranty is limited to ninety (90) days from the effective date.
21.4. The parties expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods.
22. Limitation of Liability
22.1. You also acknowledge and accept that any damages will be limited to no more than the fees paid by you for one (1) month of service.
22.2. Under no circumstances, including negligence, shall Golden Stupa Media, LLC, its officers, agents or third parties providing services through Golden Stupa Media, LLC, be liable for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you, any of your end users or any third party; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to Golden Stupa Media, LLC records, programs or services. you agree that this paragraph applies even if Golden Stupa Media, LLC has been advised of the possibility of such damages. you hereby acknowledge that this paragraph shall apply to all contents on all servers and all services. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; you agree that in those jurisdictions, Golden Stupa Media, LLC’s liability will be limited to the extent permitted by law.
23. Indemnification
23.1. You agree to indemnify, defend and hold harmless Golden Stupa Media, LLC, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and collectively, “indemnified parties”) from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of Golden Stupa Media, LLC’s policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by Golden Stupa Media, LLC.
24. Governing Law and Disputes
24.1. This agreement shall be governed by the laws of the State of North Carolina, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Durham County, North Carolina, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
25. Partial Invalidity
25.1. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Golden Stupa Media, LLC and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.
26. Changes to the Terms of Service
26.1. Golden Stupa Media, LLC reserves the right to modify this Agreement, in whole or in part, from time-to-time. Golden Stupa Media, LLC will provide you with notices of such a change by posting notice on your control panel. Unless Golden Stupa Media, LLC is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.
27. Assignment
27.1. This Agreement may be assigned by Golden Stupa Media, LLC. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
28. No Agency
28.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
