Terms Of Service
Limitations of Liability
PINKNUBIE.COM WILL UTILIZE ITS BEST EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE OF THE SERVICE, BUTPINKNUBIE.COM MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PinkNubie.com cannot guarantee continuous Internet service, Internet service at any particular time, or integrity of Internet Service transmitted via your ISP. PinkNubie.com will not be liable to you or any of your customers for any claims or damages which may be suffered by you the customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, unauthorized access to your website as a result of hackers or password trading, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-delivery, or service interruptions whether or not caused by CCBill’s fault or negligence. CCBill will not be responsible for your venue not being accessible on the Internet due to circumstances not under CCBill’s direct control such as individual Internet user’s own equipment capabilities, limitations, other Internet service provider limitations and/or browser software limitations.
CCBill may discontinue any service, or may require fulfillment of conditions CCBill may choose to impose as a prerequisite for continuing any service upon thirty (30) days notice to you. However, CCBill may discontinue service immediately for fraud committed by you or your employees, illegal activity, or violations of its Acceptable Use Policies (AUP) and/or its other policies.
CCBill’s liability to you and any end user of the service or any other of its services is limited to the amount paid to and received by CCBill for service not accepted. In no event will CCBill be liable to you, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if CCBill has been advised of the possibility of such damage.
You agree that CCBill is an Internet Service Provider (“ISP”) under the Digital Millennium Copyright Act (DMCA) and understand that CCBill is required under the DMCA to have you remove any material that another party claims is infringing once CCBill has received, in its sole judgment, a proper notification. You also agree that if you do not comply with a request from CCBill to remove material under the DMCA or for any other reason, CCBill may at its discretion block access to new member signups and renewals and hold all funds until such time as CCBill is certain that the material is removed. CCBill may, at its sole discretion, determine who is an “infringer” and may terminate this agreement without notice to you if CCBill believes you to be a repeat infringer.