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MASTER SERVICE AGREEMENT (“MSA”)
This document, which is referred to as the “Services Settlement,” “Phrases and Conditions,” and/or “Offer,” is subject to periodic amendments by Guru Enterprise, its subsidiaries, affiliates, predecessors, successors, and assigns (referred to as “guruwebmedia.com”). The Settlement lays out the terms and conditions that govern your purchase and/or use of guruwebmedia.com’s products and services (together, the “Offerings”). The terms “customer,” “you,” and/or “your” refer to the individual, entity, or agency that accepts this Settlement, has access to your account, or uses the Offerings. “Parties” refer to both you and guruwebmedia.com, and each is referred to as a “Party.”
Services and PCI-DSS Compliance: guruwebmedia.com agrees to comply with the Payment Card Industry Data Security Standard (“PCI-DSS”) in all material respects, to the extent applicable to guruwebmedia.com and its storage, processing, or transmission of any “Cardholder Data” or “Sensitive Authentication Data” (as defined under the PCI-DSS). This ensures the protection of sensitive information related to payment card transactions in connection with the Offerings.
Customers are responsible for reviewing and complying with all applicable rules, guidelines, terms and conditions, or service agreements that are or may be established by guruwebmedia.com from time to time and incorporated herein by reference. If customers choose to purchase additional services (the “Accessories”) from guruwebmedia.com, our partners, and/or other third parties, which may have their own service agreements or related terms and conditions, they are responsible for reviewing, accepting, and complying with those service agreements or related terms and conditions, as well as this Settlement.
guruwebmedia.com offers a range of products and services that are subject to the terms and conditions laid out in this agreement. These offerings can be purchased separately or as part of a complete package. By purchasing, continuing to use, or accessing any of the services, you agree to the terms and conditions of this agreement. If you buy services that are bundled together, the termination of any service will lead to the termination of all services provided as part of the bundle by guruwebmedia.com.
guruwebmedia.com reserves the right to modify the services, either temporarily or permanently, with or without notice to you. You accept such changes by continuing to use the modified services or access them. It is important to note that some or all of the services you purchase may be provided by vendors, contractors, or affiliates selected by guruwebmedia.com at its sole discretion. In the course of providing services, guruwebmedia.com may provide you access to third-party functionality or services. Your use of any third-party functionality is subject to the terms of any relevant third-party licenses, agreements, and/or terms and conditions. Non-compliance with these terms may result in immediate termination of your services. While guruwebmedia.com does not control third-party functionality, it reserves the right to terminate, suspend, cancel, or modify your access to third-party functionality at any time without notice.
The payment terms and conditions of guruwebmedia.com are laid out in this section. By purchasing any service from the company, you agree to pay all the associated costs and charges, as specified in the order process. These prices and charges are subject to change as outlined in the agreement. This section provides details regarding pricing, billing, and the use of different payment methods.
Prices and Bills: As part of your use of our services, you agree to pay guruwebmedia.com all applicable fees and charges as outlined in the relevant order process. These fees and charges are subject to change as provided in this agreement and are due immediately upon ordering. They are also non-refundable unless otherwise expressly provided in this agreement, required by law, or billed by guruwebmedia.com under an invoice or order confirmation that expressly allows payment within 15 days after we have sent the customer such invoice or order confirmation (“Net-15 Client”). We may require customers to complete a credit application before qualifying as a Net-15 Client.
If you require additional services, then additional costs and fees will apply at the prevailing rates, which are also subject to change in accordance with the agreement. All prices and fees quoted exclude all applicable taxes and government charges, including sales tax, use tax, and value added tax (VAT), whether federal, state, or foreign.
Currency and Conversion Fees: All payments for guruwebmedia.com services must be made in US dollars, and although pricing may be displayed in various currencies, transaction processing is supported only in US dollars. If the currency of your bank or credit card account is not in US dollars, you may be charged conversion fees by your bank or credit card company. Due to time differences, the conversion rates may vary, and guruwebmedia.com makes no representations or warranties regarding the amount submitted for payment or the expected conversion rate.
VAT Charges: You acknowledge and agree that you may be charged VAT based on the country indicated in the account holder’s address information associated with your account. Setup fees and charges, if applicable, will become payable on the effective date for the relevant services.
Payment Methods: Payment for services is to be made by charging your credit card, payment card, PayPal account, or bank account provided to guruwebmedia.com. You are solely responsible for any account information you provide and must promptly notify guruwebmedia.com of any changes or updates to your payment method. By submitting an order for services, you authorize guruwebmedia.com to charge your account or bill you for the services.
Recurring Transactions: All annual, monthly, or other recurring fees associated with the services or referenced in this agreement will be recurring transactions billed on an ongoing basis unless the services are terminated in accordance with the agreement.
Pricing and Payment Obligations: Guruwebmedia.com’s service agreement outlines the pricing and payment obligations of customers for the services they purchase. Customers are required to pay all applicable costs and charges specified in the associated order process. These prices and charges may be subject to change as provided in the agreement. Customers must pay these costs immediately or upon ordering, and they are non-refundable except as expressly provided in the agreement or required by law.
Billing and Payment: Guruwebmedia.com bills customers automatically in accordance with the applicable billing frequency if they have provided sufficient billing information for automatic billing. Customers are obligated to pay for the entire amount of the agreement, even if the full amount is scheduled to be paid in installments. If customers choose to pay for the services in installments, all installments must be received on or before the relevant due date. Payment terms may be extended to customers under Guruwebmedia.com’s Guru Enterprise account credit application.
Renewals and Add-ons: Every Guruwebmedia.com service is for a one-month initial term and will automatically renew on a recurring basis until the agreement is terminated in accordance with its terms. Any renewal of services is subject to the then-current terms and conditions, including successful completion of any applicable authentication process, payment of all relevant service fees and charges at the time of renewal, and in the case of domain name re-registration, the domain name registry’s acceptance of the registration. The pricing for services, renewals, product enhancements, and add-ons may vary based on the date of purchase.
Enrollment in Auto-Renew Service: Customers enrolled in Guruwebmedia.com’s auto-renew service will have their services renewed automatically less than thirty (30) days prior to its expiration without notice to them. Guruwebmedia.com may provide notice at least fifteen (15) days prior to the renewal date. Customers are solely and wholly responsible for the credit card or payment information they provide to Guruwebmedia.com and must immediately inform the company of any changes thereto.
Responsibility for Renewal: In the event that customers are not enrolled in auto-renew or are enrolled in services that do not require them to have opted-in to auto-renew, they are responsible for actively renewing their services. Customers assume all risks and consequences if they wait until the end of the services term or otherwise to attempt to renew any services. If any service is not properly renewed before the expiration of its then-current term, all rights to such service will terminate, and Guruwebmedia.com will have no obligation to allow customers to renew a service once its expiration date has passed.
Additional Charges and Payments: This section discusses the additional charges and payments associated with the services provided by guruwebmedia.com. According to the agreement, if customers require additional services, additional charges will apply pursuant to the then-current prices, which are also subject to change. All prices and fees quoted exclude applicable taxes and government charges, and customers are responsible for paying all such taxes, fees, and duties for the services. The section also includes information on domain name registration services, such as the grace period offered by registry administrators or third-party service providers, renewal or redemption procedures, and fees that may be incurred.
Default on Payments and Obligations: Customers who default on payments or obligations may lose discounts and be required to pay the full amount for the services. Any unpaid sums will accrue interest as a late payment of one and a half percent per month or the maximum amount allowed by law. Guruwebmedia.com may refer any amounts owed to a third party for collection in the event of default, and the customer agrees to pay all costs of collection, including fees, litigation, and attorneys’ fees. This section also includes information on chargebacks and payment disputes, which may result in the cancellation of services and pursuit of lawful remedies to obtain payment.
Administrative or Processing Fees: The agreement allows guruwebmedia.com to charge customers reasonable administrative or processing fees for additional tasks outside the normal scope of the services, time spent providing services, and noncompliance with the agreement. These fees may be billed to the customer’s account or other payment method on file. The customer acknowledges that all guruwebmedia.com prices and fees are non-refundable and may change at any time, with notice to the customer.
Termination is an important aspect of any agreement, and this section outlines the terms and conditions under which the agreement between guruwebmedia.com and the customer may be terminated. The company has the right to terminate the agreement immediately without any notice to the customer, and without giving any reason, in its sole and absolute discretion. This may occur if the customer fails to comply with their obligations as set forth in the agreement. In such cases, the company may suspend or terminate all services immediately without notice.
Customers may also initiate termination of the agreement by contacting guruwebmedia.com customer service. The services will be terminated at the end of the relevant billing period, and the customer is responsible for all costs incurred up to and including the date of termination. Upon termination, the customer may receive a final invoice reflecting the balance due for any outstanding expenses, and they must pay all such costs incurred by them and/or through their utilization of the services.
If the customer ordered any services by phone and did not agree to be legally bound by the terms and conditions at that time, they must notify guruwebmedia.com within 72 hours from the time that guruwebmedia.com has dispatched a welcome email to their account email address on record that they wish to cancel such services. The services will be canceled, and the customer will receive a refund of any payments or fees already paid to guruwebmedia.com with respect to the order, unless otherwise stipulated in the relevant order process.
If termination of the agreement is due to the customer’s default, they shall bear all costs of such termination, including any reasonable fees incurred by guruwebmedia.com in closing the customer’s account. Upon termination, the customer must destroy any copy of the materials licensed to them hereunder and referenced herein, and the company may also delete all data associated with the customer on the service, if applicable.
If the customer purchases guruwebmedia.com services that are sold together as an answer or bundled package of services, any termination regarding anyone such answer or bundled package will terminate all guruwebmedia.com services included in such solution or bundled package. However, the company may allow the customer to convert certain services included in the bundled services to stand-alone services.
Guruwebmedia.com may also offer free email, web hosting or other services to its customers. Customers are required to use these services regularly to keep their accounts active, and the company reserves the right to terminate free accounts that remain idle for a period of thirty days or more. Customers are solely responsible for maintaining their free service in active status by regularly logging into their account.
This section of the agreement pertains to the ownership and licensing of intellectual property rights, software, and background technology provided by guruwebmedia.com. All registered and unregistered trademarks, patents, trade secrets, copyrights, and other intellectual property rights utilized in connection with guruwebmedia.com services are owned by guruwebmedia.com or its licensors, and you agree not to claim ownership of any guruwebmedia.com intellectual property rights. You acknowledge that guruwebmedia.com has no obligation to provide you with any right in any derivative work, except as expressly provided in supplemental service and product agreements.
Software Ownership and Restrictions: The software provided by guruwebmedia.com, including the proprietary content management system platform known as “ficms,” is the exclusive property of guruwebmedia.com. You are not permitted to copy, modify, distribute, sublicense, lease, reverse engineer, or attempt to derive the source code of the software without express permission from guruwebmedia.com. Upon expiration or termination of this agreement, the software licenses granted to you will immediately terminate, and you must destroy all copies of the software or related documentation.
Background Technology Ownership and Restrictions: Background technology refers to computer programming and formatting code created by or for guruwebmedia.com and used to host or operate a website or web server. All rights to the background technology not expressly granted are fully retained by guruwebmedia.com. You are not allowed to copy, modify, distribute, sublicense, lease, or attempt to derive the source code of the background technology without express permission from guruwebmedia.com. Upon expiration or termination of this agreement, any background technology licenses granted will automatically end, and you must destroy all copies of the background technology or related documentation.
Additional Services and Software: Additional features and services that may be provided by guruwebmedia.com may require access to additional software or services subject to supplemental or independent terms and conditions. You are required to agree to the applicable service agreements and/or other related terms and conditions, including the payment of additional fees as required, before using any additional software or services.
Responsibility for Programming Errors: You are responsible for correcting any programming error that occurs within the background technology or software due to your changes or alterations. You will be liable to guruwebmedia.com for the cost of any additional technical assistance required to correct such errors.
Ownership and Use of Intellectual Property, Databases, and Image Graphics: When you enter into an agreement with guruwebmedia.com, you agree to their ownership and licensing of intellectual property rights, software, and background technology. This section of the agreement discusses the ownership and use of intellectual property, databases, and image graphics provided by guruwebmedia.com.
Ownership of Databases and Intellectual Property: All rights, title, and interest in registered and unregistered trademarks, patents, trade secrets, copyrights, and other intellectual property rights used in connection with guruwebmedia.com services are owned by guruwebmedia.com or its licensors, and you agree not to claim ownership of any guruwebmedia.com intellectual property rights. Guruwebmedia.com has no obligation to provide you with any right in any derivative work, except as expressly provided in supplemental service and product agreements.
Guruwebmedia.com holds ownership of all database, compilation, collective and similar rights, as well as domain name and other proprietary information databases, and all data and derivative works generated from these databases. The agreement grants guruwebmedia.com a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use the following data for commercial purposes:
However, guruwebmedia.com does not have any ownership interest in the client’s personal registration information, except for its rights in its domain name and databases.
Ownership and Use of Image Graphics: The agreement outlines the terms for the use and ownership of image graphics used in the services provided by guruwebmedia.com. The images are either owned by guruwebmedia.com or licensed from a third party. The client may use the images for internal and commercial use, subject to certain restrictions.
Use of Image Graphics: The client may incorporate the images into their original work and display and distribute their work on the website, but cannot sell or distribute the images separately. The client may also back up, copy, or archive the images as necessary for internal use, but any copy or archive must include the image’s copyright information. In the normal course of workflow, the client may also provide temporary copies of the images to third parties who are integral to the work product.
However, the client may not use the images to create obscene, defamatory, or immoral works, or use the images as part of an indicator, service mark, or logo. The client may not remove any copyright or trademark from the images, sublicense or lend the images to another person or legal entity without the express written consent of guruwebmedia.com, transfer the rights to the images, accompanying materials, or storage media for the images, reverse engineer any part of the images, copy or reproduce the images or accompanying materials or storage media, display the images in any digital format or for any digital use at a resolution greater than 1920×800 pixels, resell or distribute the images, storage media for the images, or the rights to use the images, or use the images in any way that would be considered defamatory, libelous, pornographic, immoral, obscene, or fraudulent.
Sensitive Subject Matter: The client also agrees not to use the images as part of any use involving sensitive subject matter without the advance written consent of guruwebmedia.com and any model in such image. Sensitive subject matter includes all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, cancer, mental illnesses, alternative lifestyle issues, and physical or mental abuse, as determined by guruwebmedia.com in its sole discretion, for both commercial and editorial uses.
Using images related to sensitive subject matter can have a significant impact on both the client and the models appearing in such images. Therefore, the agreement restricts the use of such images without prior written consent from guruwebmedia.com and the models. Sensitive subject matter includes various topics that could be considered controversial or offensive to some individuals, such as sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, cancer, mental illnesses, and physical or mental abuse.
The determination of what constitutes sensitive subject matter is solely at the discretion of guruwebmedia.com. Clients should not use any images related to such topics without obtaining written permission from the company and any models featured in the image. This provision applies to both commercial and editorial uses of the images.
Clients must understand that using images related to sensitive subject matter can have legal and ethical implications. The use of such images can be considered defamatory, libelous, pornographic, immoral, obscene, or fraudulent in certain cases. Therefore, clients should obtain written permission from guruwebmedia.com before using images related to sensitive subject matter.
The provision ensures that the clients use images responsibly and ethically and not for any inappropriate purposes. The agreement seeks to protect both the clients and the models featured in the images and maintain the company’s reputation.
As a patron of guruwebmedia.com, you are responsible for certain duties that are necessary for the successful provision of services by the company. It is important that you fulfill these responsibilities, as failure to do so will constitute a breach of your agreement with guruwebmedia.com.
Your responsibilities include providing up-to-date and accurate information about yourself, including your name, address, email address, phone number, and fax number. This information will be used by guruwebmedia.com to contact you regarding their services and for any other important matters related to their services. You are also responsible for keeping these contact details current throughout the duration of your agreement with guruwebmedia.com, and for checking them regularly for notices and updates from the company.
You must also provide guruwebmedia.com with all necessary data, content, and materials, such as text, music, images, videos, and trademarks, that are needed for your website or online store, or for use in conjunction with the services provided by guruwebmedia.com. You must obtain any necessary authorizations to use intellectual property or third-party data in your content.
In addition, you must contact guruwebmedia.com for all changes, modifications, and enhancements to your website and/or services starting from the date of sale and otherwise remain engaged in the relevant processes. You must provide guruwebmedia.com with unrestricted access to your website and associated accounts as needed for the provision of their services. You must grant guruwebmedia.com and their subcontractors the necessary rights and licenses to the website, content, and materials related thereto to carry out their duties under the agreement.
You must also allow guruwebmedia.com to make a reasonable number of archival or backup copies of your website as deemed necessary for providing their services. However, you are responsible for ensuring that you maintain a current and complete backup of your content at all times. You must also have internet connectivity to access your website, send and receive emails, and use the internet in general.
You are responsible for reviewing and adhering to any end-user-facing rules and/or terms provided by guruwebmedia.com for use on your website, such as a privacy policy for your users. You must revise any such policy to accurately reflect your business practices. Finally, if you wish to cancel or stop the services provided by guruwebmedia.com, you must contact the company and provide them with notice of your decision to do so. If no such notification is given, guruwebmedia.com will assume that you are satisfied with their services and will bill you accordingly.
Depending on the services you choose to receive, you may also be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter, such as a credit card processor, bank, or PayPal. The terms of such a relationship are between you and that entity and may be more restrictive or limit your use of guruwebmedia.com’s services.
Regarding website management and content, you are solely responsible for operating your website, including accepting, processing, and filing customer orders generated through your website, as well as managing any customer inquiries, complaints, or disputes arising from such orders or sales. Automatic backup services may be available for database backup and website backup depending on the services you receive. All backups made by you will count towards the current storage capacity elected in the services you receive. Backup services are not guaranteed, and you agree that guruwebmedia.com has no duty to maintain backup records for a specified period or ensure that all backup records are available at all times. If backup services are not available to you or if you choose to opt out of backup services, you agree that guruwebmedia.com has no obligation to backup any data related to your website’s content, data, or operation. You must independently take appropriate steps to preserve such information according to your needs and requirements.
As a customer, you are responsible for creating and managing all the content on your website, unless you have agreed with guruwebmedia.com for them to provide content creation, updating, or copywriting services. This includes descriptions of the products and services you offer on your site and any user-generated content associated with it. However, guruwebmedia.com will give you discretion over your content as long as it is compatible and interoperable with the services or software provided by them. You retain all the intellectual property rights embodied within the content, excluding any content provided by guruwebmedia.com.
While guruwebmedia.com provides you with the ability to post and distribute your own or third-party products, services, or content on your website, they act only as passive conduits for publishing and/or distributing such content. Guruwebmedia.com has no obligation to you or any third party to review your website or any content posted on it to determine whether such content could cause liability to third parties.
Unless stated otherwise in the agreement, you are considered the owner of all customer content. During the period guruwebmedia.com provides services to you under this agreement, you grant them and their subcontractors a limited, non-exclusive, royalty-free, worldwide license to use your website and the content solely for rendering the services under the agreement. Additionally, you acknowledge and agree that guruwebmedia.com reserves the right to use your domain name and website screenshots in their portfolio and/or other marketing and promotional materials.
If you allow users to upload content onto your website, you agree to designate a copyright agent under the Digital Millennium Copyright Act (DMCA). In the event that a copyright holder contacts guruwebmedia.com’s copyright agent under the DMCA, you acknowledge and agree that guruwebmedia.com may take all necessary actions as required under the DMCA, including removing content from your website.
Customer Collection
As a user of Guruwebmedia.com services, you are responsible for maintaining the visitor information collected by or disclosed to you. It is your responsibility to use and disclose such information in accordance with your privacy policy. You must submit, maintain, and adhere to your privacy policy, which should inform your website users about the information collected, how it is used, the effective date of the policy, and how users can learn about changes to it. You must include a link to your privacy policy on your website’s homepage and on all pages where you collect visitor information. Additionally, your privacy policy must prominently include a statement notifying users that Guruwebmedia.com hosts your website and has access to aggregated data about your website’s users to analyze performance and improve Guruwebmedia.com products.
You agree to provide accurate, current, complete, and correct information about yourself as required during the application process, and to update this information as needed to maintain its accuracy. Guruwebmedia.com relies on this information to send you important information and notices about your account and services. Guruwebmedia.com may use coding accuracy support system (CASS) certified software and/or the National Change of Address software (or other programs recognized by the US Postal Service or other international postal authority) to update any address information associated with your account. You agree that Guruwebmedia.com may use and rely on any modified address information for all account-related purposes, such as sending invoices, order confirmations, and other important information, as if the modifications were made directly by you.
The following are representations and warranties made by the consumer:
For any and all end-user-facing policies and/or terms provided by Guruwebmedia.com to the consumer for use on their website (e.g., a customer privacy policy), the consumer shall review and fully adhere to such a policy. The consumer acknowledges and agrees that they are solely responsible for revising such a policy to accurately reflect their business practices. The consumer represents and warrants that if they are using the services for a third party, they have (i) provided notice to that third party of their intent to purchase the services, (ii) obtained that third party’s express consent to purchase the services on their behalf, and (iii) the authority to bind that third party as a principal to all terms and conditions provided herein, including the uniform domain name dispute resolution process. The consumer accepts sole and absolute liability for any harm resulting from the wrongful use of the services.
In order to access or utilize the services provided by guruwebmedia.com, you will need to create an account and obtain a login name, account number, password, and/or passphrase. By doing so, you authorize us to process any and all account transactions initiated through the use of your password and/or passphrase. It is your sole responsibility to maintain the confidentiality of your password and passphrase. If you become aware of any unauthorized use of your password or passphrase, you must immediately notify us. You are liable for any unauthorized activities, charges, and/or liabilities made through your password or passphrase.
We are not responsible for any unauthorized use or misuse of your login name, account number, password, or passphrase, nor are we responsible for any unauthorized access to your account(s) resulting from such use or misuse. Additionally, we reserve the right to log out, terminate, or cancel any account that remains inactive for an extended period of time, at our sole discretion.
At guruwebmedia.com, we take the privacy of our users very seriously, and our privacy policy sets out the rights and responsibilities of both parties regarding your personal data. By agreeing to use our services, you acknowledge that we may modify our privacy policy at any time, and any revised version of the policy will become effective as soon as it is posted on our website. You are responsible for periodically reviewing our websites, including the current version of our privacy policy, and by continuing to use our services after any modifications to the policy have been made, you agree to the changes.
You understand that if you do not agree to any changes to the privacy policy, you may terminate this agreement, but we will not refund any fees paid unless expressly provided in a supplemental service or product agreement. We will not process any personal information we collect from you in a manner that is incompatible with the purposes and restrictions set out in our privacy policy.
Furthermore, you agree to provide notice to and obtain consent from any third-party individuals whose personal information you provide to us as part of our services regarding the purposes for which their data has been collected, the intended recipients or classes of recipients of their data, which parts of the third-party data are compulsory or voluntary, and how the third party can access and correct their data. You also agree to provide notice and obtain consent for any third-party personal data you provide to us in the future. We are not responsible for any consequences arising from your failure to provide notice or obtain consent from such individuals or for providing outdated, incomplete, or inaccurate information.
We may make some or all of the information you provide publicly available or available to third parties for inspection or targeted advertising purposes as required or permitted by relevant laws. This may include disclosing data through our whois service or bulk whois data access agreement with third parties. By using our services, you consent to such disclosure and the use of information you provide for registration of a domain name or other services, whether during or after the term of your registration.
We will take reasonable precautions to protect the information we obtain from you against loss, misuse, unauthorized access or disclosure or use, or alteration or destruction. However, you acknowledge and agree that we shall have no liability to you or any third party to the extent such reasonable precautions are taken.
If you provide information about a third party when applying for any services or registering a domain name or license a domain name registered to your name to a third party, you represent and warrant that you have notified the third party of the disclosure and use of their data as set forth in this agreement and obtained their express consent to such disclosure and use.
You acknowledge that providing inaccurate or unreliable information or failing to update information immediately will constitute a material breach of this agreement and may result in cancellation of your domain name registration or other services. Failure to respond for over fifteen calendar days to an inquiry from guruwebmedia.com regarding the accuracy of contact information associated with your domain name registration will also constitute a material breach of this agreement and may result in cancellation of your registration.
We reserve the right to use certain address or billing correction services to update or change any address or billing information associated with your account and use the modified data for all purposes related to your account, including renewal notices, invoices, order confirmations, or automatic renewal charges. You also acknowledge and agree that communications with us are not private and may be published in whole or in part at any time at our discretion.
By using the services provided by guruwebmedia.com, you acknowledge and agree that you are doing so at your own risk, and that the services are provided on an “as is” and “as available” basis. guruwebmedia.com specifically disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Additionally, guruwebmedia.com does not guarantee that the services and/or any information obtained thereby will be complete, accurate, uninterrupted, secure, or error-free. guruwebmedia.com also makes no guarantee that the services will meet your requirements, nor does guruwebmedia.com make any warranty as to the results that may be obtained from using the services.
You further acknowledge and agree that guruwebmedia.com will not be liable under any circumstances to you or any other party, person, or entity for any damages or losses that may result from a variety of causes, including but not limited to the termination, suspension, loss, or alteration of your service; your use of or inability to use the service; interruption of business; access delays or access interruptions to this website or a service; information non-delivery, mis-delivery, corruption, destruction, or other modification; events beyond guruwebmedia.com’s and its subcontractors’ control; application of any applicable law, regulation, or guruwebmedia.com policy; processing of your domain name application or other service application; disbursement or non-disbursement of funds by payment processors; transactions conducted on a user website, including fraudulent transactions; loss incurred in connection with your services, including e-commerce transactions; loss or liability on account of errors, omissions, or misstatements in any and all information or services provided under this agreement; loss or liability as a result of unauthorized use or misuse of your account number, password, or security authentication option; unauthorized access or alteration of your transmissions or data; statements or conduct of any third party using your services; loss or liability relating to the deletion of or failure to save email messages; violation of any third party rights, including but not limited to rights of publicity, rights of privacy, intellectual property rights, and any other proprietary rights; loss or liability that you may incur in connection with guruwebmedia.com’s processing of your application for guruwebmedia.com’s services, the processing of any authorized amendment to your domain name record, or your agent’s failure to pay any fees, including the initial registration fee or re-registration fee; and any other matter relating to your use of the services.
It should also be noted that guruwebmedia.com disclaims any responsibility for any content, goods, and services provided by you or otherwise made available through your website, or the quality or accuracy of any information on your website. guruwebmedia.com does not endorse, warrant, or guarantee any service or product provided by your website, and will not be a party to or in any way monitor any transaction between you and third-party users of services or products provided through or resulting from the services or use of your website, including but not limited to all sales of products or services, credit card transactions, banking or securities transactions, or any business, service, or product agreements. Additionally, the guruwebmedia.com website may contain links to other internet websites or resources, including partner websites or third-party advertising on a guruwebmedia.com website.
By using the services of guruwebmedia.com, you acknowledge and agree that neither guruwebmedia.com nor any third party will be held responsible or liable in any way for the availability or accuracy of linked websites or resources, or for the content, advertising, or products on or available from such linked websites. The inclusion of any link on guruwebmedia.com’s website does not imply that guruwebmedia.com or a third party endorses any of the linked websites, and you agree to use the links at your own risk.
Furthermore, guruwebmedia.com will not be liable to you for any indirect, special, incidental, or consequential damages of any kind, including but not limited to lost profits, goodwill, data, the cost of substitute goods or services, business interruption, or other intangible losses, whether foreseeable or not, regardless of the form of action, whether in contract or tort, including negligence, even if guruwebmedia.com has been advised of the possibility of such damages.
Guruwebmedia.com’s aggregate liability shall not exceed the total amount paid by you for the services, but in no event shall it exceed five hundred dollars ($500.00). You acknowledge and agree that this will be your exclusive remedy under this agreement and in any other case regarding your use of the services. You agree that guruwebmedia.com’s entire liability, in law, equity, or otherwise, with respect to any services provided under this agreement and/or for any breach of this agreement, is solely limited to the amount you paid for such services during the term of this agreement, unless otherwise limited herein.
However, some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so in such states, guruwebmedia.com’s liability is limited to the maximum amount allowed by law. You acknowledge and agree that any claim or cause of action arising out of or related to this agreement or any of guruwebmedia.com’s services must be filed within one (1) year after such claim or cause of action first arose, or such claim or cause of action is permanently barred.
You further agree that any dispute or disagreement arising out of or related to this agreement or the services shall be resolved on an individual basis. Therefore, you acknowledge and agree that you may not bring a claim that relates to or arises out of this agreement or the services as a plaintiff or a class member in a class action, a consolidated action, or a representative action. You acknowledge and agree that class actions, representative actions, private attorney general actions, and consolidation with other actions are not allowed.
Both parties acknowledge that the limitations contained in this section are an essential part of this agreement, and without such limitations, guruwebmedia.com would not enter into this agreement or provide services hereunder. Each party acknowledges that it has not entered into this agreement in reliance upon any warranty or representation except those specifically set forth herein.
By agreeing to this agreement, you acknowledge and accept that Guruwebmedia.com and its officers, directors, employees, agents, subsidiaries, partners, contractors, shareholders, attorneys, assigns, and affiliates will not be held responsible for any third-party claims, actions, or demands arising out of or related to:
You agree that this indemnification obligation will remain in effect even after the termination or expiration of this agreement. If you receive any third-party claim or notice that could give rise to a claim against Guruwebmedia.com, you agree to provide prompt written notice to Guruwebmedia.com stating the nature and basis of such claim and the amount, if determinable.
In the event that Guruwebmedia.com is threatened with a lawsuit or issued by a third party, Guruwebmedia.com may request written assurances from you regarding your promise to indemnify Guruwebmedia.com. Such assurances may include a deposit of money by you to Guruwebmedia.com or its representatives to cover Guruwebmedia.com’s expenses and fees, including reasonable attorneys’ fees, in such a lawsuit or threat of a suit. Failure to provide such assurances will be considered a material breach of this agreement. Guruwebmedia.com has the right to participate in any defense by you of a third-party claim related to your use of any Guruwebmedia.com services, with counsel of Guruwebmedia.com’s choice. Guruwebmedia.com shall reasonably cooperate in the defense at your request and expense. You shall have the sole responsibility to defend Guruwebmedia.com against any claim, but you must obtain Guruwebmedia.com’s prior written consent regarding any related settlement.
You agree to comply with all applicable export and import requirements when using Guruwebmedia.com’s services to transmit certain types of data, such as computer software and other technical information. These data transmissions may violate export control laws and regulations of the United States, whether that data is acquired overseas or by foreign nationals in the USA. As Guruwebmedia.com has no control over the information passing through its service, the entire burden of complying with all applicable laws and regulations is your responsibility. You agree to comply with all such laws and regulations and to indemnify and hold Guruwebmedia.com harmless from any damages it may suffer as a result of any violation of the export control laws of the United States.
This provision states that any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Guruwebmedia.com. Guruwebmedia.com has the right to pursue multiple remedies for any breach of this Agreement and the election of one remedy does not preclude the pursuit of others. Guruwebmedia.com’s failure to require your performance of any Agreement provision does not waive its right to require such performance at any time in the future. A waiver by Guruwebmedia.com of any rights arising from a breach of any Agreement provision shall not be taken as a waiver of the provision itself. Any failure by Guruwebmedia.com to enforce its rights under this Agreement or any applicable laws does not constitute a waiver of such right.
Furthermore, neither party can waive any of its rights under this Agreement by simply waiting for a period of time or making a statement or representation unless it is done in writing by an authorized representative. Any waiver of rights arising from a breach of this Agreement will not waive rights relating to any prior or subsequent breach of this Agreement.
You acknowledge and agree that the provisions of this Agreement are severable, meaning that if any term or provision is found to be invalid or unenforceable, either in whole or in part, such invalidity or unenforceability shall not affect the remainder of this Agreement. In such cases, this Agreement will be deemed to be amended to the extent necessary to make it enforceable, valid, and consistent with applicable laws, while still reflecting the original intention of the Parties. The remaining terms and provisions shall continue to be in full force and effect.
If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, Guruwebmedia.com will either amend or replace that provision with a valid and enforceable provision that achieves, to the extent possible, the original objectives and intent of Guruwebmedia.com as reflected in the original provision. The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision, which shall remain in full force and effect.
This section states that this Agreement, along with any other additional terms and conditions, rules, policies, and service agreements, constitute the complete understanding between you and Guruwebmedia.com with respect to your use of the Services and any other subject matter relating to this Agreement. This Agreement supersedes any previous proposals, agreements, or other communications between you and Guruwebmedia.com. Guruwebmedia.com reserves the right to change, modify or revise this Agreement at any time at its sole and absolute discretion. Any changes, modifications or revisions shall be effective immediately upon posting to the website, and you are deemed to have accepted and bound by such modifications or revisions through your continued use of the Services.
This section clarifies that the section headings contained in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement. The use of any gender or singular/plural number in this Agreement includes the appropriate gender and number as required by the text.
This section clarifies that in the event of any conflict between this Agreement and any other agreements, this Agreement will govern and control.
This section clarifies that this Agreement does not create any agency, employment, partnership, joint venture, franchise or any other similar or special relationship between you and Guruwebmedia.com. Neither Party has the right or authority to assume or create any obligations, or to make any representations, warranties, or commitments on behalf of the other Party or its affiliates, whether express or implied, or to bind the other Party or its affiliates in any respect whatsoever.
This section states that nothing in this Agreement is intended or construed to confer upon or give any interests, rights, remedies, or other benefits to any individual, except you.
This section clarifies that you shall not import, export or re-export, directly or indirectly, any commodity, including your products incorporating or using any Guruwebmedia.com services, in violation of the laws and regulations of any applicable jurisdiction. You warrant that you are not, and the client is not acting on behalf of, any person or entity that is prohibited from conducting transactions with U.S. citizens, nationals, or entities under applicable U.S. laws and regulations, including but not limited to, rules issued by the U.S. Office of Foreign Assets Control (“OFAC”). Additionally, you are not, and the client is not acting on behalf of, any person or entity that may be a specially designated national (“SDN”), as OFAC may designate from time to time. Breach of this section may result in the immediate termination of the Agreement and forfeiture of any and all services or amounts previously provided, paid, and/or owed to the client under this Agreement.
Section 22 of the agreement states that if guruwebmedia.com provides software to a USA government customer, the software and accompanying documentation used as part of the guruwebmedia.com service are considered “commercial items” as per the definitions in 48 C.F.R. 2.101 (revised October 2002), which includes “commercial computer software” and “commercial computer software documentation” defined in 48 C.F.R. 12.212 (revised October 2002). The software is provided to the Hong Kong government only as a commercial end item. According to 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (revised October 2002), all Hong Kong government entities that acquire and use the service and accompanying documentation have only the rights specified in this agreement.
In the event of the termination of this Agreement, certain sections shall remain in effect. These sections include 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 19, 20, and 21as applicable.
This Agreement shall be governed by the laws of the United States of America, without regard to conflict of law principles, as if the Agreement was a contract entirely entered into and fully performed within Miami-Dade County in the state of USA. The United Nations Convention of Contracts for the International Sale of Goods (“CISG”) is expressly excluded from this Agreement, except as otherwise set forth in UDRP or any similar CCTLD policy with respect to any dispute over a domain name registration.
You agree that any judicial proceeding relating to or arising under this Agreement or the services will be instituted only in a federal or state court of competent jurisdiction in ________________, in the state of USA. You consent to the personal jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non-convenience, or to otherwise seek a change of venue. You also agree to waive the right to trial by jury in any action that takes place regarding or arising under this Agreement or the services.
You further agree to waive the right to file a class action claim regarding or arising under this Agreement or the services. In the event that a claim is brought against guruwebmedia.com in a foreign jurisdiction, guruwebmedia.com will file to have the claim dismissed based on your acceptance of this Agreement at the time of your purchase of services and your continued use of the services as evidence of acceptance of the Agreement and this section.
Costs and Fees
The parties agree that the foregoing duty is independent of all other obligations herein. You acknowledge that, in the event you initiate a judicial proceeding in any court other than one of the aforementioned courts in Miami-Dade County, USA, guruwebmedia.com may incur costs and fees, including attorneys’ fees, to enforce the settlement of the parties concerning the court in which litigation relating to or arising out of this Agreement or the services will be instituted.
You expressly agree that you will reimburse guruwebmedia.com for such costs and fees, including, but not limited to, attorneys’ fees, incurred by guruwebmedia.com within ten (10) days of receiving a written demand from guruwebmedia.com for such reimbursement. You further agree that if you do not timely reimburse guruwebmedia.com within ten (10) days of receiving a written demand for reimbursement, you will be liable for, and agree to pay, all costs and fees, including, but not limited to, attorneys’ fees, incurred by guruwebmedia.com in seeking to collect or recover from you the amount reimbursable by you under this section.
This section outlines the ways in which notices from Guruwebmedia.com to the user will be deemed effective. All mail notices sent by certified mail, with return receipt requested, or by a recognized overnight delivery service to the user’s last known mailing address will be considered effective. Notices sent via email to the user’s last known email address and fax to the user’s last known fax number will also be considered effective. In addition, any notices posted on Guruwebmedia.com’s legal webpage or any relevant pages linked to it, as updated from time to time, will be deemed effective.
When the user provides contact information to Guruwebmedia.com, they agree that Guruwebmedia.com may use this information to contact them in any format or manner that Guruwebmedia.com chooses. Guruwebmedia.com may also, but is not obligated to, send a single notice through various means of transport, such as fax, email, certified mail, or express mail. The user acknowledges that Guruwebmedia.com shall not be held liable for choosing to send notices in one format or manner over another.
The user authorizes Guruwebmedia.com to contact them through the contact information provided on their account that Guruwebmedia.com deems of potential interest to them. Notices and announcements may include commercial emails, phone solicitations, and other communications describing changes, improvements, new products and services, or other information related to internet security, enhancing their online identity, and other relevant matters.
The user shall provide notice to Guruwebmedia.com by contacting Guruwebmedia.com’s customer service at the phone number provided on Guruwebmedia.com’s website or otherwise provided by Guruwebmedia.com.