Amendment to Brinkster’s Universal Terms of Service for Web Hosting for Life Promotion
This Amendment as well as any additional Brinkster policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Brinkster concerning Your use of Brinkster’s Services and Software, and supersede and govern all prior proposals, agreements, or other communications. By purchasing Brinkster Services or Software, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Amendment and any other policies or agreements made part of this Agreement by reference, as well as any new different or additional terms, conditions or policies which Brinkster may establish from time to time, and any agreements that Brinkster is currently bound by or will be bound by in the future.
1.01 This offer is only available for new accounts. The term shall be for either the lifetime of the individual or sixty (60) years, whichever length of time is shorter. Corporate entities, trusts, and organizations may not participate in this offer. If such a party signs up for this promotion, this offer will be null and void without any refund or credit due by Brinkster. As stated in the Assignment section of the Universal Terms of Service, this package is non-assignable.
1.02 Brinkster reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing right and responsibilities of each party. Promotional offers and rates may not be combined.
1.03 To the extent that you qualify for any promotional rates or special offers from Brinkster, these terms and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein, govern.
1.04 Brinkster may also charge you for additional Domain service fees and specifically reserves the right to institute additional charges upon notice to you. Brinkster reserves the right to alter, change, amend or delete charges at its sole discretion in accordance with new expenses. Brinkster further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
1.05 Payment for all products and services is due in advance, unless specifically stated otherwise in the offer or promotion pursuant to which you have ordered or are ordering the Brinkster services. All payments shall be made in United States Dollars.
1.07 Payment by Credit Card: prior to activation of your user account, and at any applicable time thereafter, you authorize Brinkster to charge the credit card provided by you for the amount of the fees due for the agreed upon services together with any applicable set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize Brinkster to charge your credit card for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. Should you fail to provide credit card authorization to pay for the coverage, Brinkster, at its sole discretion will have the right to suspend your account and/or terminate. Refusal or rejection of any charge or any portion thereof is grounds for account suspension and/or termination at the sole option of Brinkster under the Universal Terms of Service.
1.08 The hosting services may be terminated by the following methods: (a) by either party by giving the other party thirty (30) days prior written notice, (b) by Brinkster in the event of non-payment by Customer, (c) by Brinkster, at any time, without notice, if, in Brinkster's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, or Customer's use of the services disrupts or, in Brinkster's sole and absolute discretion and/or judgment, could disrupt, Brinkster's business operations and/or (d) by Brinskter upon verbal request by Customer if Customer provides satisfactory authorization and account verification. (e) by Brinkster in accordance with other cancellation terms listed herein. (f) by Brinkster if it is no longer in business or company assets have been sold. (g) by Brinkster if it is determined, that the account is inactive for a period of six (6) months. Inactivity will be defined as non-use by the customer of Brinkster's hosting services.
1.09 If a customer cancels their hosting service prior to the end of Term: (a) customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (b) Refunds of service fees will be made under the initial 90 day period as per the Universal Terms of Service.
1.10 If Brinkster cancels a customer's account prior to the end of the Term for the customer's breach of the Terms of Service and related agreements, the Customer's use of the services will disrupt and Brinkster shall not refund to customer any fees paid in advance of such cancellation with customer being obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all services for each month remaining in the Term.
1.11 Upon termination of a customer's account for any cause or reason whatsoever, neither party shall have any further rights or obligations under these terms of service, except as expressly set forth herein. Termination of a hosting Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Brinkster may be entitled.