Last updated: April , 2019
Becoming a Customer of NGD
The services NGD provides to customers include installing, configuring, hosting, and maintaining cryptocurrency mining equipment.
Corresponding with us via the Website and/or by email, phone, or in person does not make you a customer or entitle you to NGD services. The services we provide to NGD customers are governed by the terms contained in one or more Order Forms and the NGD Colocation Hosting Agreement , which also contain additional terms that apply to the rights and responsibilities of our customers and NGD’s rights and responsibilities as a service provider. If there is a conflict between these Terms and a Colocation Hosting Agreement, submitted Order Form or other written contract between you and NGD, the latter will control.
Future Changes to These Terms
We may change these Terms at any time. Any changes to these Terms will apply immediately going forward. By continuing to use the Website after we make any change to these Terms, you agree to all the changes.
If we change these Terms, we will update them on the Website and change the date found at the top of these Terms. If we make a significant change to these Terms, we will inform our customers by email, although we cannot send emails to visitors to the Website that have not given their emails to us. Ultimately, you are responsible to check for updates before using the Website or doing business with us in the future .
Your Use of the Website
You may access and use the Website only in compliance with these Terms. You agree to not violate the security of the Website or attempt to gain unauthorized access, through password mining, hacking, or any other method, to the Website, NGD computer systems, or network connections to any server owned or controlled by NGD. Your use of the Website and the information provided on or through the Website may not be unlawful or result in harm to NGD or any third party.
We reserve the right to refuse or terminate access to the Website or take any other steps to restrict your use of the Website at any time for any reason or no reason at all.
DISCLAIMERS / LIMITATIONS OF LIABILITY
NEITHER NGD NOR ANY ITS AFFILIATES OR RELATED PARTIES HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION ON THE WEBSITE, INCLUDING FOR ANY ACTION OR INACTION TAKEN OR NOT TAKEN IN RELIANCE ON ANY SUCH INFORMATION.
WE PROVIDE ACCESS TO THE WEBSITE AND ALL INFORMATION WE PUBLISH ON IT TO YOU ON AN “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE AND THE INFORMATION ON IT IS DONE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NGD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE AND ALL CONTENT WE PUBLISH ON OR THROUGH IT.
WE DO NOT WARRANT THAT ANY INFORMATION OR ANY OTHER CONTENT OR OFFERINGS MADE AVAILABLE THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION WHATSOEVER.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE, YOU MAY HAVE ADDITIONAL RIGHTS. SEEK THE ADVICE OF A LAWYER IF YOU WISH TO EXPLORE THE POSSIBILITY OF SUCH ADDITIONAL RIGHTS.
IF THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSIONS ARE PROHIBITED OR FAIL IN THEIR ESSENTIAL PURPOSE, NGD’S SOLE OBLIGATION TO YOU FOR ALL DAMAGES, REGARDLESS OF THE NUMBER, TYPE, AND DEGREE OF CLAIMS YOU ALLEGE, IS LIMITED TO $100.
When you send emails and other communications from your desktop or mobile device to NGD, including by submitting information through an online form on the Website, you communicate with us electronically. Electronic methods of communication are not highly secure, so be cautious about sending sensitive or confidential information in this way.
You agree to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, text, or by posting notices and messages on the Website. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
All information included on the Website, as well as all graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of NGD and is protected by United States and international copyright and trademark laws.
You do not have a license or right to use any trademark or trade dress without our prior written permission. You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, page layout, or form) of NGD. Additionally, NGD does not permit the use of meta tags or any other “hidden text” utilizing our name or other intellectual property without our prior written permission.
You may not use the Website or information contained therein in any manner that infringes or violates our intellectual property rights or those of any third party. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce all or any portion of the Website.
We respect all intellectual property rights. If you believe any information or image on the Website infringes on your work and rights, email us at email@example.com.
If you are under the age of 18, you are prohibited from using the Website for any reason.
We may provide links from the Website to third-party websites and applications. These links are provided for your convenience, although they are beyond NGD’s control. We make no representation as to the content, privacy, and security of third-party websites or applications. NGD does not endorse any third-party websites, applications, or content. You bear all risk from you use or reliance on any external links and the content you access from such links.
Cryptocurrency Mining Considerations
NGD provides installation, configuration, hosting, and maintenance services to its customers. There are many things to consider when mining cryptocurrencies. It is your responsibility to fully investigate the pros, cons, and risks of cryptocurrency mining. NGD is not responsible for the cryptocurrency mining decisions of its customers.
Mining cryptocurrencies is risky for many reasons, including due to:
- market volatility;
- general market illiquidity;
- lack of, and often changing, regulations;
- potential for loss or theft of private keys or cryptocurrencies themselves;
- uncertain future acceptance of cryptocurrencies;
- uncertain future development of the networks and other infrastructure required to support and use cryptocurrencies; and
- the high level of fraud in the crypto markets.
You agree that any dispute related in any manner whatsoever to any portion of the Subject Matters will be submitted to one day of non-binding mediation before taking any other formal action to resolve the dispute. The mediation will be conducted in Atlanta, Georgia with a single mediator mutually selected by you and NGD.
If you are able to resolve a dispute with us through non-binding mediation, you agree that the dispute will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures in front of a sole arbitrator mutually selected by you and NGD. The arbitration will be conducted in Atlanta, Georgia. The arbitrator may not award punitive damages, consequential damages, or compensatory damages, although the arbitrator may require the losing party to reimburse the reasonable attorneys’ fees and other arbitration-related costs of the prevailing party.
You and NGD will split the cost of the mediator, arbitrator, and mediation and arbitration facilities, although you and NGD will each be responsible for your own respective other costs, including attorney’s fees, preparation fees, and travel costs (subject to an award by the arbitrator for one party to reimburse the other party for any such fees or costs).
An award rendered by the arbitrator is final, non-appealable and binding on you and NGD and may be entered and enforced in any court having jurisdiction.
Either you or NGD may bring suit in court for injunctive relief (as available) without first attending mediation or arbitration.
If any portion of these Terms is deemed unenforceable in any jurisdiction or context, such unenforceability will not affect any other portion of these Terms or make such portion unenforceable in any other jurisdiction or context.
NGD may assign these Terms, in whole or in part, at any time with or without notice to you. However, you may not assign these Terms to any other person or entity.
If, at any time, NGD does not immediately enforce any of its rights under these Terms, we are not waiving those rights. We can enforce them at any time.
For questions about these Terms, please contact us in either of the following ways:
By mail: 424 Little Street
P.O. Box 1339
Commerce, GA 30528
By e-mail: firstname.lastname@example.org
Note that email may not be secure.