Cockfight D.R. is committed to deliver you and your customers the highest standards of service and security. We take our business very seriously and always keep your protection, privacy and satisfaction in mind. If you have any questions or concerns, please contact us at firstname.lastname@example.org .
In the Agreements below, “you”, “your” and “licensee” refer to each customer and “we”, “us”, “our” and “licensor” refer to Cockfight D.R.. These Agreements explain our obligations to you, and explain your obligations t go us for our various services. By selecting our service(s) and signing a Work Order, you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional service(s) or to cancel your Cockfight D.R.’ service(s) (even if we were not notified of such authorization), these Agreements cover such service(s) or actions. By using the service(s) provided by Cockfight D.R. under these Agreements, you acknowledge that you have read and agree to be bound by all terms and conditions of these Agreements and any pertinent rules or policies that are or may be published by us.
Cockfight D.R. is committed to respecting and protecting your privacy. We have prepared this privacy statement to disclose and describe our information gathering and dissemination practices for this website.
Notice and Disclosure
In general, you may visit this website without identifying yourself or revealing any personal information. Cockfight D.R. collects domain information from your visit to customize and improve your experience on our website.
Some portions of this website may require you to give us personally identifiable information, whichenables us to identify you, such as your name, email or other address. If you opt to provide us this type of information, we also may use it for purposes such as verifying your identity, sending you information or contacting you. For certain programs, we may make your information available to our business partners, for marketing and other purposes we believe may be beneficial to you.
It is our intent to inform you before we collect personally identifiable information, and tell you what we intend to do with it. You will have the option of not providing the information, in which case you may still be able to access other portions of this website, although you may not be able to access certain programs or services. In certain portions of this website, we also may enable you to “opt out” of certain uses of your information, or elect not to receive future communications or services.
Cockfight D.R.’s’ intent is to strictly protect the security of your personal information; honor your choice for its intended use; and carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. We have put in place appropriate physical, electronic and managerial procedures to safeguard and secure information we collect online, including the use of encryption when collecting or transferring sensitive data such as credit card information.
Data Quality and Access
Cockfight D.R. strives to keep your information and data accurate, complete and current. We will promptly take steps to correct any inaccuracies in your personally identifiable information which we are made aware of.
This website may contain links to other websites. Cockfight D.R. is not responsible for the privacy practices or the content of such websites.
Portions of this website may make chat rooms, forums, message boards, and/or news groups available to visitors. Please remember that any information that is disclosed in these areas becomes public information and exercise caution when deciding to disclose any personal information.
Last updated 05/20/2015.
Cockfight D.R. hereby authorizes you to view, print, copy and distribute information published by Cockfight D.R. on this or any other publicly accessed site maintained by Cockfight D.R. ‘ World Wide Web server linked to this Legal Notice (collectively, the “Sites”), provided that (a) the information may be used internally (by you or any third party to whom you distribute it) only for informational, non-commercial purposes; (b) no fee may be charged for distribution of any information to any third party; and (c) any and all copyright or other proprietary notices that appear herein, together with this Legal Notice, must appear on all copies that you make or distribute.
Any product, process or technology published on the Sites may be the subject of Intellectual Property rights reserved by Cockfight D.R., its subsidiaries or licensors, and are not licensed hereunder. Any software programs and any corrections, updates or new versions of any software programs that may be made available by Cockfight D.R. through the Sites are provided subject to the additional terms, conditions and restrictions indicated in the applicable section of the Sites.
If no additional terms are provided on such Sites, any software programs or software code is governed by this provision.
All information provided via the Sites, including, without limitation, any Cockfight D.R. or its subsidiaries’ product or service plans, software programs, software code, offerings, or programs, statements of future directions, “white papers” or other technical or marketing materials (collectively, “Information”) is intended for informational purposes only and is subject to change or withdrawal by Cockfight D.R. at any time without notice. Cockfight D.R. assumes no responsibility for the accuracy or completeness of the Information. THE INFORMATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Cockfight D.R. FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SITES OR THE INFORMATION PROVIDED HEREIN. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. IN NO EVENT WILL Cockfight D.R. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Cockfight D.R. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Restricted Rights Legend
The Information is provided with RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions. Contractor/manufacturer is Cockfight D.R., 132 W 36 St, Suite 503, New York, NY 10018.
The Cockfight D.R. logo, Icon and the Cockfight D.R. brand and product names referenced herein are either registered trademarks or trademarks of Cockfight D.R.. All other brand and product names mentioned herein are trademarks of their respective owners.
Unless expressly provided otherwise by Cockfight D.R., all comments, feedback, information or materials submitted to Cockfight D.R. through or in association with the Sites shall be considered non-confidential and Cockfight D.R.’s property. By submitting such comments, feedback, information or materials to Cockfight D.R., you agree to a no-charge assignment to Cockfight D.R. of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Cockfight D.R. shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.
Links to Third Party Sites
The Sites may contain hyperlinks to other Web sites controlled by parties other than Cockfight D.R.. Cockfight D.R. is not responsible for and does not endorse the contents or use of these Web sites.
Governing Law and Jurisdiction
You agree that any legal action, proceeding or other matters relating to your access to, or use of, the Information or the Sites shall be governed by the USA federal law or the laws of the state of Delaware. You may not access, download, use or export the Information in violation of the US export laws or regulations, or in violation of any applicable local laws or regulations.
If you have any questions concerning legal or other matters described above, contact the Cockfight D.R. via email at: email@example.com .
Last updated 05/20/2015
Payments are to be made in US dollars unless otherwise specifically agreed upon and duly signed by and between Cockfight D.R. and the customer. Cockfight D.R. accepts the following types of payment:
- Check or Money Order
- Credit Card (VISA, MasterCard, American Express, Discover)
- Bank Wire Transfer
All payments should be made payable to “Cockfight D.R.” and are due on the Account Statement Date. If you provide Cockfight D.R. your credit card information, you authorize Cockfight D.R. to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Cockfight D.R.’s Billing Policy. You are responsible for directly updating, or notifying Cockfight D.R., of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically suspended. Cockfight D.R. shall not be responsible for customer data stored on our servers in any form once the account is suspended and all data will be wiped off from our servers after a thirty (30) days grace period. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Cockfight D.R. offers monthly Billing Cycle (term) for application hosting, maintenance and support charges. The Billing Cycle begins on the Plan Activation Date.
All additional features added to an account are charged monthly. Additional items and account setup and activation fees are non-refundable.
In order to insure uninterrupted service to your application and all included services, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Cockfight D.R. does not mail paper invoices or statements. Total amounts charged for a specific billing period are calculated in accordance with the agreed and duly signed Work Order between Cockfight D.R. and the customer.
- Returned (NSF) Checks
Cockfight D.R. charges a $30.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
- Credit Card Chargebacks
A $30.00 chargeback fee will be assessed for each credit card chargeback received by Cockfight D.R.• Bank Wire Payments
Cockfight D.R. does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00 USD processing fee by an intermediary bank in Toronto. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Cockfight D.R. or the amount credited to your account will be less than your intended payment.
- Reactivation Fees
Customers that wish to reactivate a closed account will be assessed a $99.95 reactivation fee. A $99.95 fee will be assessed if Cockfight D.R. restores your data files to your reactivated account.
- Plan Changes
Customers electing to change to a lower priced plan on the same platform will be charged a $99.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan; however, you will be charged any difference between the setup fee applicable to your new and former plans.
- Platform Changes
Customers that elect to change plans to a different platform other than the one they currently hosted on, will be charged a minimum $99.95 platform change fee.
Plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Cockfight D.R.’ Customer Relations Team, Monday through Friday, 9:00 A.M. to 5:00 P.M. US Eastern Standard Time, at 1-809-378-5432. Cockfight D.R.’s Customer Relations Specialists will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact Cockfight D.R.’s Billing Team via email at firstname.lastname@example.org .
Cancellation requests must be received by Cockfight D.R. a minimum of thirty (30) days prior to the end of your Billing Cycle for all plans. Cancellations submitted later than this time may result in automatic renewal of your plan. Cancellations become effective on the day processed by Cockfight D.R.. Cockfight D.R. is unable to cancel your account effective for a future date. Cockfight D.R. will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Cockfight D.R. as soon as possible.
Cockfight D.R. does not monitor, and will not automatically cancel, plans for problems related to, but not limited to, non-usage, your ISP, or any other secondary issues not directly related to Cockfight D.R.’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Cockfight D.R. reserves the right to cancel any account, at any time, without notice, for any reason Cockfight D.R. considers appropriate.
30-Day Money Back Guarantee
All monthly subscription or software leasing plans include a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; dedicated servers; items and services ordered through the reseller program; and overage fees.
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Credit Card Disputes & Chargebacks
Cockfight D.R. has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Cockfight D.R.’s discretion. A charge of $30.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing & Price Changes
Cockfight D.R.’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
If you have any questions concerning billing or other matters described above, contact the Cockfight D.R. Billing Department via email at: email@example.com .
Last updated 05/20/2015
Our Service Guarantee
Money Back Guarantee
All monthly subscription or software leasing plans include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 30 days of the activation of your account.
Our refund policy does not apply to any additional items or services. No refunds are available after 30 days. In order to cancel service, you must contact Cockfight D.R.’’ Customer Relations Team, Monday through Friday, 9:00 A.M. to 5:00 P.M. US Eastern Standard Time, at 1-809-378-5432. Cockfight D.R.’s Customer Relations Specialists will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact Cockfight D.R.’ Billing Team via email at firstname.lastname@example.org .
The 30 day money back guarantee does not apply to reseller accounts or dedicated servers, or any fees associated with these accounts. The 30 day money back guarantee does not apply to account renewals.
Please allow 4-6 weeks for refunds of check or money order payments. Additional processing fees apply for T/T and Wire Transfer refunds.
Ownership of Data
Cockfight D.R. guarantees you that the title to ownership of data that you enter into the Cockfight money transfer software system stays with you. At least once a month, upon your request, we are obligated to provide you your data in our standard ASCII format. However, charges may apply if the request is made for the data to be provided in a specific format.
Service & Support
Cockfight D.R. provides 24 hour quality technical support to those customers who have opted for our monthly subscription based managed & hosted solution. For customers who have acquired/purchased the software license for a particular product, service and support will be provided according to the Service Level Agreement mutually signed by both parties.
Managed Application & Hosting Infrastructure
Cockfight D.R. uses high quality and secure hosting infrastructure for its customers, and our support staff are committed to keeping it secure 24 hours a day.
Cockfight D.R. backs up each customer’s data repository (database) on a weekly basis on the same hard disk on the same server (computer) where the main data repository resides. Cockfight D.R., however, does not guarantee any successful backups and/or restores. This is the obligation of the customer to carry out frequent tests to make sure the accuracy and the success of the restores of the backups. Customers should know that keeping backups on the same hard disks is not recommended by Cockfight D.R.. Plans are available to have your data backed up (on real time, daily or weekly basis) on Storage Area Network (SAN) devices.
Disaster Recovery & Business Continuity Planning (DRP & BCP)
Plans are available to have your data backed up and kept off-site on real time, daily or weekly basis. In case of disaster, this data can be restored very quickly (usually within 24 hours) by our support staff to ensure continuity of your business operation and uninterrupted service to your customers. If a right plan is selected, we guarantee continuity of your business operations.
If you have any questions related to sales or other product related matters described above, contact the Cockfight D.R. sales team via email at: email@example.com .
Last updated 05/20/2015
Service Level Agreement (SLA)
The agreement term will be effective when executed by the authorized agents of both parties. The license granted to use Cockfight D.R.’s products and services remains in force for a monthly, but automatically renewable upon payment, term (Billing Cycle) from the date of execution of the Agreement, or (i) until otherwise terminated earlier by Cockfight D.R. by reason of the Licensee’s failure to comply with any of its terms and conditions, including, but not limited to, Billing Policy, or (ii) the Licensee terminates this Agreement by giving Cockfight D.R. a 30 days advance written notice with a valid reason.
Fees & Payments
The Licensee agrees to pay Cockfight D.R. the fees set forth in the executed and duly signed copy of Work Order.
Cockfight D.R. shall have the right to immediately terminate this Agreement if the Licensee fails to perform any obligation required of the Licensee under this Agreement or if the Licensee, either voluntarily or involuntarily, seek protection under the bankruptcy laws in any Court having competent jurisdiction. The Licensee shall have the right to terminate this Agreement by giving Cockfight D.R. 30 days advance written notice with a valid reason.
This Service Level Agreement describes Cockfight D.R.’s commitment to provide the following services:
- Phone and remote technical support.
- Fixes and upgrades for the licensed product(s) (within the same version).
The Agreement does not cover support for:
- Any applications or services other than for the specific licensed product(s) to Licensee by
Cockfight D.R. including, but not limited to, computer hardware/software, any auxiliary devices (such as printers, scanners), communications and networking issues.
Hours of Support
This Service Level Agreement describes Cockfight D.R.’s commitment to provide licensed product(s) related services during its standard hours of coverage: Monday through Friday, 9:00 A.M. to 5:00 P.M. US Eastern Standard Time, unless a different coverage plan is selected by the Licensee.
Levels of Support
There are three levels of support, only one of which (level 3) is provided without any restrictions under this agreement. Certain restrictions or limitations apply for the rest of the support levels (level 1 & 2). These levels, which are integrated into the
Cockfight D.R.’s support process, are defined as follows:
- Level 1 — this is support provided by the appropriate Cockfight D.R.’s help desk staff
when it receives the Support Request from their client. This represents generalist support. If this level of support cannot resolve the problem, the Support Request is passed to Cockfight’s level 2 support, which is the Infrastructure Support Specialist.
During critical processing periods, support is extended to 24/7 for agreed-upon periods, critical applications, and critical problems based on specific applications.
- Level 2 — this is support provided by a Cockfight Infrastructure Support or
Subject Matter Specialist. This level of support does not perform code modifications, if required to resolve the problem. Operational issues will be resolved at this level. If resolution requires code modification, the Support Request is passed to Cockfight’s level 3 support.
- Level 3 — this is support provided by a Cockfight D.R. application Support sSpecialist.
This level of support does perform code modifications, if required to resolve the problem.
Cockfight D.R.’s subject matter expert or other knowledgeable tech support staff member will respond by telephone to the Customer’s incident (submitted through an automated system, phone or an e-mail message) within:
- One hour (during coverage hours) for issues classified as urgent.
- Two hours (during coverage hours) for issues classified as high priority.
- Four hours (during coverage hours) for issues classified as normal priority.
- Eight hours (during coverage hours) for issues classified as low priority.
A resolution may not be available at the time Cockfight D.R. contacts the Licensee, in which case Cockfight D.R. will attempt to estimate the “time to resolution.”
The Licensee and Cockfight D.R.’s tech support staff member will mutually determine an issue’s priority classification.
Maintenance & Support Costs
Maintenance and support costs are region specific. Please contact Cockfight D.R. for the costs in your region.
Modifications to Agreement
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on Cockfight D.R.’s web site, or on notification to you by e-mail or by telephone or by mail. You agree to review Cockfight D.R.’s web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or by fax. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Cockfight D.R. services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.
Modifications to your Account
In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased Cockfight D.R. service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any Cockfight D.R. services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). Cockfight D.R. and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Cockfight D.R. services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or e-mail service. The registrant agrees that Cockfight D.R. will not be liable for any loss due to interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Cockfight D.R. has been advised of the possibility of such damages. In no event shall Cockfight D.R.’s maximum liability exceed five hundred ($500.00) dollars.
You agree to release, indemnify, and hold Cockfight D.R., its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the Cockfight D.R. services provided hereunder or your use of the Cockfight D.R. services, including without limitation infringement by you, or someone else using the Cockfight D.R. service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any Cockfight D.R. operating rule or policy relating to the service(s) provided. When Cockfight D.R. is threatened with suit by a third party, Cockfight D.R. may seek written assurances from you concerning your promise to indemnify Cockfight D.R.; your failure to provide those assurances may be considered by Inc. to be a breach of your Agreement and may result in deactivation of your domain name.
You agree that failure to abide by any provision of this Agreement, any Cockfight D.R. operating rule or policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may terminate your account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
If you have any questions concerning legal or other matters described above, contact the Cockfight D.R. Legal Department via email at: firstname.lastname@example.org .