TERMS OF SERVICE (TOS) Updated May 25, 2006

This PregoPoker.com Terms of Service (this "Agreement") governs your purchase and use of all PregoPoker.com services (collectively, the "Services"), as described in the Order Form(s) submitted by you and accepted by PregoPoker.com (“Service Order”). Acceptance of any terms or conditions different from those contained herein by PregoPoker.com will not be deemed by provision of service, but only by electronic or written signature of an officer of PregoPoker.com. You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. PregoPoker.com may modify any of the terms and conditions contained in this Agreement, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the PregoPoker.com web site (the "Site"). Your continued use of the Services following PregoPoker.com posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify PregoPoker.com of your termination of this Agreement in the manner described in the section below.

PregoPoker.com agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

The Use of PregoPoker.com service constitutes acceptance and agreement to PregoPoker.com TOS (Terms of Service).

Term and Payment for Services

Term: This Agreement will be for an initial “Term“ of 1 month from the date the Services are first provided by PregoPoker.com. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless you provide PregoPoker.com with written notice of termination at least one (1) day before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit the cancellation form located in the user area. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by PregoPoker.com.

Termination

This Agreement may be terminated: (i) by you or PregoPoker.com during any Renewal Term, without cause, by giving the other party no less than one (1) day prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by PregoPoker.com; (ii) by PregoPoker.com in the event of nonpayment by you as provided in the section below or (iii) by PregoPoker.com, at any time, without notice, if, in PregoPoker.com sole judgment, you are in violation of any terms or conditions of the TOS. If you terminate this Agreement, or if PregoPoker.com terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately and without setoff or delay all charges, fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts that you owe to PregoPoker.com under this Agreement.

Charges

You will immediately pay, upon receiving an electronic invoice from PregoPoker.com, all charges for your use of the Services at the then current PregoPoker.com prices for that category of service or any special offer applicable to your account as determined by PregoPoker.com. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on PregoPoker.com net income. If you default on any of your obligations under this Agreement and PregoPoker.com must engage a collections effort to collect past due sums associated with your use of Services, you are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of PregoPoker.com.

Payment and Fees

You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in their entirety in advance on the anniversary day of each successive month. You must pay for the Services by credit card or debit card. You authorize PregoPoker.com to charge your credit or debit card to pay for any charges that may apply to your account. You have a specific obligation to immediately notify PregoPoker.com of any changes to your card account (including applicable account number or cancellation or expiration of the account, your billing address, or any information that may prohibit PregoPoker.com from properly charging your account). Failure to immediately and fully pay your fees for Services and applicable taxes when invoiced by PregoPoker.com shall be a material breach of this Agreement, justifying PregoPoker.com to suspend its performance and terminate this Agreement. If PregoPoker.com terminates this Agreement for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to PregoPoker.com under this Agreement. You are responsible for any costs that PregoPoker.com incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees.

Credit cards that are declined for any reason or Paypal payments that are either rejected or not made when Services are invoiced are subject to an additional processing fee. Service will be immediately interrupted on any account that is unpaid. Service interrupted for non-payment is subject to a $25 suspension charge. Accounts not paid by the due date are subject to a $5 late fee that accrues daily until paid in full. Accounts that are not collectable by PregoPoker.com may be turned over to an outside collection agency for collection. If you account is turned over for collection, you agree to pay the company an additional “Collection“ fee of not less than $50 nor more than $150. If you desire to cancel the account, please follow the correct procedure as outlined in the "Termination" section.

Refund and Disputes

*All payments to PregoPoker.com are nonrefundable* and include any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in PregoPoker.com sole discretion, is a valid charge under the provisions of this Agreement, you agree to pay PregoPoker.com an additional "Investigation Fee" of $100.00.

Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the PregoPoker.com proprietary network. Violations of system or network security may result in civil or criminal liability. PregoPoker.com will investigate occurrences which may involve, and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, flooding, mail bombing or crashing.
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • Taking any action in order to obtain services which such user is not entitled.

Violations of the TOS will result in the following:

A warning notification sent via email with 24 hours notice for resolution:

24 hours is the standard notification; situations involving law enforcement, fraud, password harvesting, network interference, Denial or Disruption of service, or other malicious activity can reduce the notification time frame.

  • First Violation: Any user, which PregoPoker.com determines to have violated any element of our TOS, shall receive an e-mail, warning them of the violation. The service may be subject at PregoPoker.com discretion to a temporary suspension pending a client’s agreement in writing to refrain from any further violations.
  • Second Violation: Any client that PregoPoker.com determines to have committed a second violation of nay element or portion of the TOS shall be subject to immediate suspension or termination of service without further notice.

Disclosure to Law Enforcement

The TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all Subscriber information, including assigned IP addresses, account history, account use, etc. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition PregoPoker.com shall have the right to terminate all service set forth in this Agreement if requested to do so as a result of any action of any law enforcement or government agency.

Support Services and Boundaries

PregoPoker.com provides 24/7/365 technical support to our Subscribers. We limit our technical support to our area of expertise. The following are our guidelines when providing support:

  • PregoPoker.com provides support related to your account only.
  • PregoPoker.com does not provide technical support.

    • Support is provided only through the online ticket system. Any account registration/signing in issues should be directed to accounts@pregopoker.com.

Warranties and Representations

Your Warranties and Representations to PregoPoker.com: You warrant, represent, and covenant to PregoPoker.com that: (a) you are at least 18 years of age if an individual; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the TOS; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

Third Party Products

PregoPoker.com may provide you with access to other third party software and/or services ("Third Party Products") through reseller relationships that PregoPoker.com has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by PregoPoker.com and not by the Third Party Vendor. Neither PregoPoker.com nor any Third Party Vendor makes any representations or warranties, expressed or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM PregoPoker.com OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PregoPoker.com NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND PregoPoker.com WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.

You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Enforcement Actions

PregoPoker.com reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if, in the sole judgment of PregoPoker.com, your account is the source or target of any violation of the TOS or for any other reason which PregoPoker.com reasonably chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until a thorough investigation is completed. Prior notification to you of disconnection is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate PregoPoker.com to monitor or exert editorial control over the information made available for distribution via the Services. If PregoPoker.com takes corrective action because of a possible violation, PregoPoker.com will not refund you any fees that you paid in advance of the corrective action.

Disclosure Rights

The TOS specifically prohibits the use of our service for illegal activities. Therefore, you agree that PregoPoker.com may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, PregoPoker.com shall have the right to terminate all service set forth in this Agreement.

Disclaimed Warranties

PregoPoker.com exercises no control over, and accepts no responsibility for, the content of the information passing through PregoPoker.com host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. PREGOPOKER.COM DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. PREGOPOKER.COM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Limitation and Exclusion of Liability

Limitations

IN NO EVENT WILL PREGOPOKER.COM OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER PREGOPOKER.COM NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO PREGOPOKER.COM' OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF PREGOPOKER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF PREGOPOKER.COM AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO PREGOPOKER.COM UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY PREGOPOKER.COM UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE PREGOPOKER.COM AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.

Interruption of Service

PregoPoker.com and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, PregoPoker.com is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any “act of God” or other cause beyond its reasonable control (including any mechanical, electronic, communications or third-party supplier failure).

Indemnification

In agreeing to the PregoPoker.com Agreement, you agree to indemnify, defend and hold harmless PregoPoker.com, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of this Agreement that results either in (a) any cost, expense, damage or loss to PregoPoker.com, or (b) the bringing of any claim against PregoPoker.com by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if PregoPoker.com is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against PregoPoker.com, its employees, directors, partners, representatives and affiliates, in addition to all costs and attorney's fees.

MISCELLANEOUS PROVISIONS

PregoPoker.com and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN COLORADO, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of PregoPoker.com, and any attempted assignment or delegation without such consent will be void. PregoPoker.com may assign this Agreement in whole or part. PregoPoker.com also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and PregoPoker.com are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and PregoPoker.com. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.

Survival

All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.