These Terms of Service (the “Agreement”) are an agreement between GeekStorage.com, LLC (“GeekStorage” or “us” or “our” or “we”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by GeekStorage and of the GeekStorage.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
IN NO EVENT WILL GEEKSTORAGE ITS MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER
MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF GEEKSTORAGE IS AWARE OR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GEEKSTORAGE’S
LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF
THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GEEKSTORAGE FOR THE SERVICES IN THE THREE (3)
MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF
MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless GeekStorage, our affiliates, and their respective
officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “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
attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties
arising out of or relating to (1) your use of the Services, (2) any breach or violation by you of this
Agreement; or (3) any acts or omissions by you. The terms of this section shall survive any termination of
GeekStorage shall not be responsible for any damages your business may suffer. GeekStorage makes no
warranties of any kind, expressed or implied for the Services. GeekStorage disclaims any warranty of
merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery
failures, wrong deliveries, and any and all service interruptions caused by GeekStorage or our employees.
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, GEEKSTORAGE MAKES NO WARRANTIES OR REPRESENTATIONS
OF ANY KIND FOR THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You are solely responsible for any applicable compliance with federal or state laws governing the
privacy and security of personal data, including medical or other sensitive data. You acknowledge that the
Services may not be appropriate for the storage or control of access to sensitive data, such as information
about children or medical or health information. GeekStorage does not control or monitor the information or
data you store on, or transmit through, the Services. We specifically disclaim any representation or
warranty that the Services, as offered, comply with the federal Health Insurance Portability and
Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as
defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and
permitting access to “protected health information” is a material violation of this Agreement, and grounds
for immediate account termination. We do not sign “Business Associate Agreements” and you agree that
GeekStorage is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have
questions about the security of your data, you should contact [email protected].
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are
eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under
eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party or entity you agree that you are authorized to
bind such other party or entity to this Agreement and to act on such other party or entity’s behalf with
respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on our online
registration and signup forms. It is your continuing responsibility to ensure that the contact information
for your account, including any domain accounts, is accurate at all times. GeekStorage is not responsible
for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated
contact information being associated with the domain. If you need to verify or change your contact
information, please contact our sales team via e-mail or update your contact information through the
GeekStorage Account Management System. Providing false contact information of any kind may result in the
termination of your account. As a part of our routine fraud screening procedures, you may be required to
provide government issued identification and possibly a scan of the credit card used for verification
purposes. Failure to provide the information requested will result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place
through your account. It is your responsibility to maintain the confidentiality of your password and other
information related to the security of your account.
Any dedicated IP order, in addition to those provided with a hosting package, may be subject to IP
justification. IP justification practices are subject to change to remain in compliance with the policies of
the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request
based on insufficient justification or current IP utilization.
Account Transfer from Previous Provider
Our support team will make every effort to help you move your website to us. Account transfers are
provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or
time required to complete an account transfer. Each hosting company is configured differently, and some
hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult,
if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a
transfer of data from an old host. The free transfer service is available for fourteen (14) days from your
sign up date. Account transfers outside of the fourteen (14) day period will incur a charge; please contact
a member of our support department to receive a price quote. In no event shall GeekStorage be held liable
for any lost or missing data or files resulting from a transfer to or from GeekStorage. You are solely
responsible for backing up your data in all circumstances.
Except for User Content, all content available through the Services, including designs, text, graphics,
images, video, information, software, audio and other files, and their selection and arrangement, and all
software used to provide the Services (collectively, “GeekStorage Content”), are the proprietary property of
GeekStorage or GeekStorage’s licensors. GeekStorage Content may not be modified, copied, distributed,
framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for
any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this
Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise
attempt to derive source code or other trade secrets from any GeekStorage Content. Any use of GeekStorage
Content, other than as specifically authorized herein, is prohibited and will automatically terminate your
rights to use the Services and any GeekStorage Content. All rights to use GeekStorage Content that are not
expressly granted in this Agreement are reserved by GeekStorage and GeekStorage’s licensors.
Client agrees that web pages and files uploaded to servers will not violate any province, federal or
foreign laws or regulations; infringe on any intellectual property rights of GeekStorage or any third party;
be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender,
race, age; promote hate; or contain viruses or other computer programming defects which result in damage to
GeekStorage or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include:
Bulk unsolicited emailing, unsolicited email, newsgroup spamming, child porn or links to such sites,
copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks and software
serial numbers. Any site with adult-oriented content, including but not limited to any pornographic
material, is not allowed on our shared and reseller hosting platform. GeekStorage will be the sole and final
arbiter as to what constitutes a violation of this policy. GeekStorage does not normally monitor the
contents of client’s servers; however, if suspicion occurs, GeekStorage reserves the right to investigate
and terminate the client’s subscription to the service.
Third Party Products and Services
Third Party Providers
GeekStorage may offer certain third party products and services. Such products and services may be subject
to the terms and conditions of the third party provider. Discounts, promotions and special third party
offers may be subject to additional restrictions and limitations by the third party provider. You should
confirm the terms of any purchase and the use of goods or services with the specific third party provider
with whom you are dealing.
GeekStorage does not make any representations or warranties regarding, and is not liable for, the
quality, availability, or timeliness of goods or services provided by a third party provider. You undertake
all transactions with these third party providers at your own risk. We do not warrant the accuracy or
completeness of any information regarding third party providers. GeekStorage is not an agent,
representative, trustee or fiduciary of you or the third party provider in any transaction.
GeekStorage as Reseller or Licensor
GeekStorage may act as a reseller or licensor of certain third party services, hardware, software and
equipment used in connection with the Services (“Non-GeekStorage Products”). GeekStorage shall not be
responsible for any changes in the Services that cause any Non-GeekStorage Products to become obsolete,
require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or
manufacturer’s defects of Non-GeekStorage Products, either sold, licensed or provided by GeekStorage to you
will not be deemed a breach of GeekStorage’s obligations under this Agreement. Any rights or remedies you
may have regarding the ownership, licensing, performance or compliance of any Non-GeekStorage Product are
limited to those rights extended to you by the manufacturer of such Non-GeekStorage Product. You are
entitled to use any Non-GeekStorage Product supplied by GeekStorage only in connection with your use of the
Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or
tamper with such Non-GeekStorage Product or to use it other than in connection with the Services. You shall
not resell, transfer, export or re-export any Non-GeekStorage Product, or any technical data derived
therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by GeekStorage (“Third
Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video,
information, and other content or items belonging to or originating from third parties (“Third Party
Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the
Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any
Third Party Content, you do so at your own risk and you should be aware that our terms and policies no
longer govern. You should review the applicable third party’s terms and policies, including privacy and data
gathering practices of any website to which you navigate.
Prohibited Persons (Countries, Entities, And Individuals).
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits
U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each
a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation,
certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country
or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using
the Services. Unless otherwise provided with explicit permission, GeekStorage also does not register, and
prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name
(“ccTLD”) for any Sanctioned Country.
Account Security and GeekStorage Systems
It is your responsibility to ensure that scripts/programs installed under your account are secure and
permissions of directories are set properly, regardless of the installation method. Users are ultimately
responsible for all actions taken under their account. This includes the compromise of credentials such as
username and password. You are required to use a secure password.
The Services, including all related equipment, networks and network devices are provided only for
authorized customer use. GeekStorage may, but is not obligated to, monitor our systems, including without
limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to
verify security procedures, survivability, and operational security. During monitoring, information may be
examined, recorded, copied and used for authorized purposes. By using the Services, you consent to
monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third
party is subject to suspension. Access to networks or systems outside of your direct control requires the
express written consent of the third party. GeekStorage may, at our discretion, request documentation to
prove that your access to a third party network or system is authorized.
Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up
your account after being notified by GeekStorage of an ongoing abuse issue, we reserve the right to keep
your account disabled. Upon your request, GeekStorage may clean up your account for an additional fee.
GeekStorage reserves the right to migrate your account from one data center to another in order to
comply with applicable data center policies, local law or for technical or other reasons without notice.
Compatibility with the Services
You agree to cooperate fully with GeekStorage in connection with GeekStorage’s provision of the
Services. It is solely your responsibility to provide any equipment or software that may be necessary for
your use of the Services. To the extent that the performance of any of our obligations under this Agreement
may depend upon your performance of your obligations, GeekStorage is not responsible for any delays due to
your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with
the hardware and software used by GeekStorage to provide the Services, which may be changed by GeekStorage
from time to time in our sole discretion.
You are solely responsible for backing up all User Content, including but not limited to, any User
Websites. GeekStorage does not warrant that we back-up any User Content, and you agree to accept the risk of
loss of any and all User Content.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date and that all invoices are
paid on time. You agree to pay for the Services in advance of the time period during which such Services are
provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the
oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify GeekStorage of your desire to cancel
the Services, prior to the renewal date of the Services, you will be billed on an automatically recurring
basis to prevent any disruption to your Services, using your credit card or other billing information on
file with us.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for
more than ten (10) days may result in the suspension or termination of Services and may be subject to a
three dollar ($3) late fee. Access to the account will not be restored until payment has been received. If
you fail to pay the fees as specified herein, GeekStorage may suspend or terminate your account and pursue
the collection costs incurred by GeekStorage, including without limitation, any arbitration and legal fees,
collection agency fees, and reasonable attorneys’ fees. GeekStorage will not activate new orders or activate
new packages for customers who have an outstanding balance on their account.
There are no re-connection fees for shared and reseller hosting services or VPS. If a dedicated server is
disconnected due to a late payment, there is a twenty-five dollar ($25) re-connection fee that must be paid
before the server will be reconnected.
Domain renewal notices are provided as a courtesy reminder and GeekStorage is not responsible for a failure
to renew a domain or a failure to notify a customer about a domain’s renewal. Invoices for domain renewals
are sent out seven (7) days before the renew date. It is your responsibility to pay the invoice timely to
ensure that the domain is renewed.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards,
electronic funds transfers, electronic checks, or any other payment method. GeekStorage may report any such
misuse or fraudulent use, as determined in GeekStorage’s sole discretion, to governmental and law
enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by GeekStorage. If you have any
questions concerning a charge on your account, contact our billing department directly for assistance.
Dedicated Servers There are no refunds on dedicated servers. The thirty day (30) day money- back guarantee does not apply to
Shared and Reseller Hosting, Virtual Private Servers (VPS)
GeekStorage offers a thirty day (30) day money- back guarantee for GeekStorage’s shared and reseller hosting
and VPS services. Subject to the terms described in Section 18 below, if you are not completely satisfied
(100% Satisfaction Guarantee) with these hosting services and you terminate your account within thirty days
(30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting.
This money-back guarantee only applies to fees paid for hosting services and does not apply to domain
registrations, administrative fees, installation fees for custom software, any software licensing fees or
other setup fees, or to any fees for any other additional services.
Cancellations and Refunds
If an account with an applicable thirty (30) day money-back guarantee is purchased and then cancelled within
the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon
your written request (the “Refund Request”) to the GeekStorage Billing department, within ninety (90) days
of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared, VPS and
reseller hosting fees previously paid by you to GeekStorage for the initial term (“Money-Back Guarantee
Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with,
and subject in all respects to the terms and conditions of this section. Requests for these refunds must be
made in writing to the GeekStorage Billing department. Refunds will only be issued for shared, reseller, and
VPS hosting services and will not include domain registrations, administrative fees, install fees for custom
software, any software licensing fees or other setup fees, nor will they include any fees for any other
additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any
circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. (For example, if you’ve had an account with us before,
canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a
Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services
There are no refunds on dedicated servers, domain registrations, administrative fees, software licensing
fees, and install fees for custom software.
You may terminate or cancel the Services by giving GeekStorage written notice via our cancellation form. In
such event: (1) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of
such cancellation and (2) GeekStorage may, in our sole discretion, provide an account credit for all
pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such
cancellation (i.e. no partial month fees shall be credited) less any setup fees and any discount applied for
prepayment, provided that you are not in breach of this Agreement. Except as otherwise provided for in
Section 18.1 of this Agreement, no refund will be issued for any pre-paid fees.
Cancellations for shared hosting, reseller hosting, dedicated and VPS accounts will be effective
immediately upon receipt of the cancellation request. It is your responsibility to ensure that you are ready
for the immediate termination of your account prior to requesting account cancellation.
Domain renewals are billed and renewed seven (7) days before the renewal date. It is your responsibility to
notify GeekStorage’s Billing department to cancel any domain registration at least seven (7) days prior to
the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals
Exchange rate fluctuations for international payments are constant and unavoidable. 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 GeekStorage is not responsible for any change in exchange rates
between the time of payment and the time of refund.
GeekStorage may terminate your access to the Services, in whole or in part, without notice in the
you fail to pay any fees due;
you violate this Agreement;
your conduct may harm GeekStorage or others or cause GeekStorage or others to incur liability, as
determined by GeekStorage in our sole discretion; or
as otherwise specified in this Agreement.
In such event, GeekStorage shall not refund to you any fees paid in advance of such termination, and you
shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Additionally, GeekStorage may charge you for all fees due for the Services for the remaining portion of the
then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER
DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage
All use of hosting space provided by GeekStorage is subject to the terms of this Agreement and the
Acceptable Use Policy.
Shared hosting space may only be used for web files, active email and content of User Websites.
Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as
off-site storage of electronic files, email or FTP hosts. GeekStorage expressly reserves the right to review
every shared account for excessive usage of CPU, disk space and other resources that may be caused by a
violation of this Agreement or the Acceptable Use Policy. GeekStorage may, in our sole discretion, terminate
access to the Services, apply additional fees, or remove or delete User Content for those accounts that are
found to be in violation of GeekStorage’s terms and conditions.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for
resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be
viewed in your control panel.
Backups and Data Loss
Your use of the Services is at your sole risk. GeekStorage’s off-site backup service runs once per day
and overwrites any of our previous backups. Only one daily backup is kept at a time. This service is
provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at
GeekStorage’s sole discretion. GeekStorage does not maintain backups of dedicated server accounts.
GeekStorage is not responsible for files and/or data residing on your account. You agree to take full
responsibility for all files and data transferred and to maintain all appropriate backup of files and data
stored on GeekStorage’s servers. Any shared or reseller account using more than 20 gigabytes of disk space
may be removed from our off-site daily backup, with the exception of databases continuing to be backed up.
We may determine that certain file extensions are not suitable for backup and exclude them from the
backup. Such file types include, but are not limited to: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car;
cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; iso; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4;
mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz;
vob; wad; wav; wave; wma; wmv; zip. It is your obligation to verify whether particular files will be backed
Shared Hosting and Reseller Hosting
If your shared or reseller server has a physical or network downtime that falls short of the 99.9% uptime
guarantee, you are eligible to receive a five (5) percent credit for each half-hour of downtime under 99.9%,
of the affected Service, to your account. This uptime guarantee does not apply to planned maintenance.
VPS and Dedicated Servers
If your VPS or dedicated server has a network downtime that falls short of the 99.9% uptime guarantee, you
are eligible to receive a five (5) percent credit for each half-hour of downtime under 99.9%, of the
affected Service, to your account. This uptime guarantee does not apply to planned maintenance.
To request credit under this Uptime Guarantee, you must contact us in writing within ten (10) days of the
end of month in which the downtime occurred. Your request for credit must be sent by e-mail to
[email protected] Approval of any credit is at the sole discretion of GeekStorage and may be
dependent upon the justification provided. Third party monitoring service reports may not be used for
justification due to a variety of factors including the monitor’s network capacity/transit availability.
Reseller Terms and Client Responsibility
Resellers shall ensure that each of their clients complies with this Agreement.
Resellers are responsible for supporting their clients. GeekStorage does not provide support to
clients of GeekStorage’s resellers. All support requests must be made by the reseller on its client’s behalf
for security purposes.
Resellers are also responsible for all content stored or transmitted under their reseller account and
the actions of their clients. GeekStorage will hold any reseller responsible for any of their client’s
actions that violate the law or this Agreement.
GeekStorage is not responsible for the acts or omissions of our resellers. The reseller hereby agrees
to indemnify GeekStorage from and against any and all claims made by any User arising from the reseller’s
acts or omissions.
GeekStorage reserves the right to revise our Reseller Program at any time. Changes shall take effect
when posted online or on any subsequent date as may be set forth by GeekStorage.
Resellers in the GeekStorage Reseller Program assume all responsibility for billing and technical
support for each of the Users signed up by the reseller.
Reselling Restriction on Shared Hosting (non-reseller accounts)
Shared hosting accounts, without the WebHostManager (WHM) add-on activated on the account, may not be
used to resell web hosting to others. If you wish to resell hosting you must use a reseller account, VPS,
dedicated server, or purchase the WHM add-on for your shared hosting account.
GeekStorage reserves the right to change prices, the monthly payment amount, or any other charges at
any time. We will provide you with at least thirty (30) days notice before charging you with any price
change. It is your sole responsibility to periodically review billing information provided by GeekStorage
through the user billing tool or through other methods of communication, including notices sent or posted by
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may
not be used towards the purchase of a domain registration unless otherwise specified. If you have previously
signed up using a particular domain, you may not sign up again for that domain using another coupon at a
later date. Any account found in violation of these policies will be reviewed by our Sales department and
the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in
the suspension or termination of your account. By default, all coupons and discounts are only valid towards
the initial purchase and do not affect the renewal or recurring price unless expressly provided for
otherwise in the promotional offer.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration
Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement.
The arbitration will be conducted before a single arbitrator chosen by GeekStorage and will be held at the
AAA location chosen by GeekStorage in Oklahoma. Payment of all filing, administrative and arbitrator fees
will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to
demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation,
GeekStorage will pay as much of your filing, administrative, and arbitrator fees in connection with the
arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The
arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to
be arbitrated on a class action basis or on bases involving claims brought in a purported representative
capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all
arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The
arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make
written awards is limited to claims between you and GeekStorage alone. Claims may not be joined or
consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any
preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the
arbitration. If you initiate litigation or any other proceeding against GeekStorage in violation of this
paragraph, you agree to pay GeekStorage’s reasonable costs and attorneys’ fees incurred in connection with
our enforcement of this paragraph.
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement
or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the
substantive laws of the State of Oklahoma.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this
GeekStorage and User are independent contractors and nothing contained in this Agreement places
GeekStorage and User in the relationship of principal and agent, partners or joint venturers. Neither party
has, expressly or by implication, or may represent itself as having, any authority to make contracts or
enter into any agreements in the name of the other party, or to obligate or bind the other party in any
Disclosure to Law Enforcement
GeekStorage may disclose User information to law enforcement agencies without further consent or
notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement
Merger (Entire Agreement)
This Agreement, including documents incorporated herein by reference, supersedes all prior
discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and
this Agreement constitutes the sole and entire agreement between the parties with respect to the matters
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
GeekStorage may modify, add, or delete portions of this Agreement at any time. If we have made
significant changes to this Agreement, we will post a notice on the Terms of Service page on the GeekStorage
website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this
Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted
unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services
after the effective date of any such modification.
GeekStorage reserves the right to modify, change, or discontinue any aspect of the Services at any
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise
specified) thereof shall remain in full force and effect.
No failure or delay by you or GeekStorage to exercise any right or remedy hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or
further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any
term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any
succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without
the prior written consent of GeekStorage. Any attempted assignment in violation of this Agreement shall be
null and void and of no force or effect whatsoever. GeekStorage may assign our rights and obligations under
this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights
hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit
of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under
this Agreement (other than failure to make payments when due) if such default or delay is caused, directly
or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood,
acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or
communications, supply shortages or the failure of any third party to perform any commitment relative to the
production or delivery of any equipment or material required for such party to perform its obligations
Third Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor
shall anything herein be construed to confer any rights in any person other than the parties hereto and
their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and
agrees that any supplier of a third party product or service that is identified as a third party beneficiary
in the service description, is an intended third-party beneficiary of the provisions set forth in this
Agreement as they relate specifically to its products or services and shall have the right to enforce
directly the terms and conditions of this Agreement with respect to its products or services against user as
if it were a party to this Agreement.