MINING HOSTING AGREEMENT
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer- term contract arrangement under which SEGMining will provide Mining Hosting services on behalf of Client.
In consideration of the mutual covenants set forth in this Agreement, Customer and Client hereby agree as follows:
Subject to the terms and conditions of this Agreement, Company will provide Miner Hosting services for Client subject to the following terms:
- a) Length of Service.Client agrees to an initial three (3) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by Client and shall be determined solely by Company.
- b) Service Start Date.The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
- c) Renewal by Client.This Agreement will automatically renew for successive month-to-month Terms unless canceled in writing by Client at least 14 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes.
2. End User Pricing and Miner Hosting Compensation.
End User pricing is outlined on the Co-Location description page, and is subject to change at the sole discretion of Company. SEGMining does not provide compensation for mining losses. In the event that hardware partially fails and is unrecoverable, we may issue a credit to the customer’s account at our sole discretion for the cost of hosting.
3. Terms of Payment.
Terms of payment are via Bitcoin and Paypal unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
4. Proprietary Information.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
Company will exercise no control whatsoever over the content of the information passing through the network.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro- rated monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
7. Trademarks and Copyrighted Material.
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
8. Transfer of Agreement.
Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of Company. In the event that Client contemplates whole or partial sale of it’s business, ownership change, or change in jurisdiction, Client shall notify Company by mail, facsimile or email no less than 30 days prior to the effective date of the event.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
12. VPN and Remote Management
1. You will not over clock your hardware without consulting us first. We will provide you with feedback on whether it is safe or not on the circuit that hardware is plugged into. Tripping a breaker will result in a $250 fee if we discover it’s caused by over clocking, doing so will result in suspension, or termination, of your VPN access and may result in management fees for your hardware until the suspension is lifted if at all. Incidents will be handled on a case-by-case basis at the soul discretion of our admins.
2. Our VPN access is to be used solely for remote managing your hardware. You will not use our VPN as means of downloading or distributing copyrighted material or other illegal content or routing your personal traffic across the internet. Doing so will result in termination of your VPN access and hosting contracts and no refunds given. Any information regarding illegal activity will be handed over to the authorities.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Exclusive jurisdiction and venue shall be in the Clark County, Washington Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
Each party represents and warrants that, on the date first written above, they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below:
EXECUTED as of the date first written above.