January 31, 2024
Fees and Payments – A valid credit card or EFT agreement is required for payment of monthly hosting and services. Each month, if requested, our clients will receive a confirmation that the transaction has been processed and will be sent to the email address on file for your Account. No payment information is ever located or stored on coobomedia.com. Coobo Media uses the Stripe payment gateway to process all credit card payments. For more information, see the Stripe Checkout User Terms of Service.
Event Of Default By Customer (Disabling of accounts due to overdue payment) – If the client fails to pay an invoice within 60 days of the date of that invoice, Coobo Media reserves the right to disable the client’s site without further warning. In order to restore the site, client must pay all past due charges up to the day of service disconnection and may be charged a reconnection fee of up to $50. If we disable your site, our policy is to keep a copy for an additional 60 days, if you do not contact us and/or make payment by the end of 60 days, your site will be deleted permanently.
Cancellation Procedure – Valid proof of website ownership will be required to terminate the hosting account. The agreement for services is automatically renewed each month in perpetuity subject to written cancellation sent via email sent to hi@coobomedia.com. Cancellations notices received after monthly payments are processed will take affect the following month.
Limitation of Damages or Liability – COOBO MEDIA SHALL NOT BE LIABLE TO CLIENT FOR HARM CAUSED BY OR RELATED TO CLIENT’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. COOBO MEDIA SHALL NOT BE LIABLE TO CLIENT FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF COOBO MEDIA AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, COOBO MEDIA PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE.
Dispute Resolution – Any dispute between Coobo Media and client shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Texas law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Harris County, Texas, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
Indemnification – Client agrees to indemnify and hold harmless Coobo Media, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Force Majeure – Coobo Media shall not be considered in default of any agreement or deemed to have breached its provisions due to delays, performance failures, or service interruptions resulting directly or indirectly from circumstances beyond our reasonable control. Such circumstances include but are not limited to acts of god, actions by civil or military authorities, civil unrest, war, labor strikes, fires, regulatory changes, governmental actions, unavailability of third-party networks, and telecommunications facility failures.
Modification of Terms of Service – Coobo Media reserves the right to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your hosting agreement with Coobo Media.