Terms of Service
( updated April 3, 2021 )
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Any individual who purchases or utilizes services provided by PIGO Multimedia, Inc, or any of its affiliates are unconditionally bound to the terms set forth in this document. By purchasing or utilizing services provided by PIGO Multimedia, Inc., or it's affiliates, it is understood that you have read and agree wholly with the terms set forth by this agreement.
PIGO Multimedia, Inc. and its affiliates reserve the right to revise this agreement at any time without providing direct notice to those whom it affects. It is understood that any individual purchasing or utilizing services provided by PIGO Multimedia, Inc., or it's affiliates, will review this document periodically for any changes.
PIGO Multimedia, Inc. will use the terms set forth in this agreement as a guideline to settle disputes between PIGO Multimedia, Inc. and the individuals that purchase or utilize its direct or 3rd-party services. The terms of this agreement set forth the entire agreement between PIGO Multimedia, Inc. and the individuals purchasing or utilizing its direct or 3rd party services, and supersedes any and all prior agreements of the parties involved.
Any breach of this agreement by an individual purchasing or utilizing direct or 3rd party services by PIGO Multimedia, Inc. may result in the services of the individual being suspended or terminated with or without notice.
Any questions clarification, or challenge of the terms set forth in this agreement may be submitted in writing via email to support@pigomultimedia.com.
1. Definitions
1.1. “Customer”, "Client", "Liason", “you”, “your”, et al. shall refer to any individual seeking to purchase or utilize any direct or 3rd party service provided by PIGO Multimedia, Inc. This also includes any agent of the aforementioned party.
1.2. “PIGO Multimedia, Inc.”, “we”, “us”, “our”, et al. shall refer to the provider PIGO Multimedia, Inc. and/or it's affiliated services.
1.3. “Employee” shall refer to an agent of PIGO Multimedia, Inc. authorized to act on the behalf of PIGO Multimedia, Inc..
1.4. “Services” shall collectively refer to any direct or 3rd party service, and the billing associated with it that PIGO Multimedia, Inc. agrees to provide the Customer or liason based on the selections made by the Customer or liason during signup or as requested in writing/email and approved by an Employee.
1.5. “Servers” shall collectively refer to any hardware or software provided directly or indirectly by PIGO Multimedia, Inc. that a Customer or liason utilizes.
1.6. “Sites” shall collectively refer to any website maintained by a Customer or liason provided by PIGO Multimedia, Inc.
1.7. “Account” shall refer to the established billing information and its related Services that are representative of the Customer or liason that contracted Services from PIGO Multimedia, Inc..
1.8. “In writing” and “written consent” shall refer to communication and/or permission established over email between the Customer or liason and support@pigomultimedia.com.
2. Services
2.1. You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons" maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for PIGO Multimedia, Inc. Services. Residents of countries which are serviced by a PIGO Multimedia, Inc. affiliate are required to contract with those PIGO Multimedia, Inc. affiliates, and you represent and warrant that you are not a resident of one of those countrie
2.2. PIGO Multimedia, Inc. agrees to provide any and all services requested by the Customer or liason during signup as put forth by the package selected by the Customer or liason . PIGO Multimedia, Inc. will not be expected to provide any other services unless agreed to in writing between the Customer or liason and an Employee. All Services that PIGO Multimedia, Inc. provides shall be bound by the terms of this agreement.
2.3. Any change to a Service made by PIGO Multimedia, Inc. on behalf of the request of a Customer or liason that is not part of a standard package or Service will be considered to be temporary in nature. These changes are made on a case-by-case basis, and may not be preserved when other changes are made to the Services. PIGO Multimedia, Inc. will not be held responsible for any downtime or issues related with this section.
2.3.1. Any aforementioned service change(s) may be removed at any time with or without notice if it is found to have a negative effect on the Services.
2.4. As a courtesy to our clients or liasons PIGO Multimedia offers assistance concerning the purchase, registration and renewal reminders for the client's or liason's domain name(s). This service is offered to help relieve the client or liason of some of the concerns that come with maintaining their domain name(s) such as with renewal / expiration reminders, minimizing exposure to potential renewal scams perpetuated by outside sources, updates to account profiles, DNS changes, ICANN inquiries, etc.
This helpful service does NOT replace or absolve the client or liason from their own due diligence to maintain their domain name(s), email account(s), or any other non-recurring, recurring 3rd-party service(s) the client or liason is registered to.
2.5. Any website transfer request(s) to or from our host server is at the acknowledged and confirmed risk of the client or liason . Pre-payment will be required before initiating a website transfer. Moving a website from one server to another does NOT come with the guarantee that the website's original functionality, aesthetics or SEO will be fully intact or even complete. NO REFUNDS will be issued.
The cloned version of the website may need to be viewed via an IP address on the new sever ( until the domain name is pointed to the new host server ), so that the original website on the “ old ” host server does not suffer significant downtime. This means the URL permalinks on the new copy of the website have to be " plain " , as opposed to " custom ". But, in order to get the SEO software ( ie -Yoast, AMP, etc. ) to not produce "blank page" errors the permalinks have to be "custom". So herein lies a conflict, in which the client or liason will have to determine if the risk of transfer is worth pursuing or continuing. NO REFUNDS will be issued.
2.5.1. We are determined to get a client's or liason's website moved either to or from our host server and setup onto the new, prospective host server. By nature, we are not expected to spend hours RE-learning the proprietary configurations of others' host server platforms outside of our own current scope/server. Additional or pre-paid costs may apply by-the-hour for any website transfer request(s) either to or from our host server that requires us to make preparations and compatible configurations to the client's or liason's new, prospective host server.
2.6. As of July 2019, email accounts will be hosted on a recommended, separate email server, and will be billed as a separate service for the client or liason . We recommend " Basic " and " Encrypted HIPAA Compliant " email services. The client or liason is solely responsible for informing PIGO Multimedia, Inc. which type of email service they will need. They will also be responsible for requesting " email backup " and/or " Advanced Email Security " as an option.
2.6.1. Any person or business that handles and/or stores ePHI (electronic protected health information) are business associates under HIPAA is responsible for protecting all health data. This means they must adhere to following all the guidelines established in the Health Insurance Portability and Accountability Act of 1996 . The customer or liason is solely responsible for informing PIGO Multimedia, Inc. if their email data will require an email account to be on a HIPAA Compliant or encrypted email server. PIGO Multimedia, Inc. will NOT KNOWINGLY store any permanent collection of " legally sensitive " or ePHI (electronic protected health information) email on a " Web Host " server. Any " Web Host " account that is found to be storing such content will either be suspended and/or deleted with or without notice.
3. Accounts and Billing
3.1. Each Customer or liason that contracts Service with PIGO Multimedia, Inc. will be setup with an account that consists of accurate contact and billing information as verified by the Customer or liason . Failure to provide truthful information may result in the suspension or termination of the Account. No file or database backups will be taken.
3.2. Information provided to PIGO Multimedia, Inc. by the Customer or liason may be shared with third party services to determine a fraud risk score, to bill the credit card on file, or to contract service on behalf of a customer or liason, as is the case with “domain registration”. PIGO Multimedia, Inc. will never share customer or liason information with any third party under any circumstance outside of this requirement.
3.3. New Accounts are established under the following conditions:
3.3.1. Full payment has been received as per the invoice generated at signup.
3.3.2. The order has been successfully screened for fraud by both a third party and an Employee, and is determined not to be fraud by both a third party and an Employee.
3.3.3. The Employee reviewing the signup accepts the order.
3.4. PIGO Multimedia, Inc. retains the right to reject any order at any time for any reason with or without notice. In the event that an order is not accepted for any reason, the Account will be terminated, and any payments received will be refunded. The Customer or liason may request the reason for cancellation in writing.
3.5. Most Services are billed on a recurring basis according to the web package chosen at signup, or as determined by a Customer or liason and Employee in writing after an Account has already been established, as in the case of an “upgrade”. Payment is automatically attempted via the credit card on file on the anniversary due date of the Service.
3.5.1. Automatic billing cannot be stopped unless the Services are terminated as outlined in Section 3.12.
3.5.2. All Services are invoiced and/or billed up-front according to the billing term selected.
3.6. All Accounts with PIGO Multimedia, Inc. must have valid contact information on file that is kept up-to-date at all times as verified by the Customer or liason. This includes, but is not to be limited to, name, physical address, phone number, and non-company email address.
3.6.1. The email address on file must NOT be one provided by PIGO Multimedia, Inc. via a Service ( non-company email address ) .
3.6.2. PIGO Multimedia, Inc. cannot be held liable for any reason in the event that we cannot get in contact with the Customer or liason due to inaccurate contact information, inability to reach the billing contact(s) or responsible contact(s), our digital communication going to the recipient(s)' spam, or any other reason beyond our attempt(s).
3.7. A valid credit or debit card must always be on the Account established with PIGO Multimedia, Inc. as verified by the Customer or liason. The Customer or liason is held fully responsible for updating any changes and updates to their payment profile. Any changes to the Customer's or liason's payment profile, must be submitted by the Customer or liason in writing via email to billing@pigomultimedia.com, or by logging into their account within PIGO Multimedia, Inc.'s client or liason billing system. The Customer or liason is strictly held responsible to verify that such change in information is actually received by PIGO Multimedia, Inc. Other forms of payment ( such as cash or checks ) are not normally accepted unless agreed to in writing with an Employee. In the event that there is no valid payment option established with an Account, the Account may be suspended until a valid payment agreement is established, or cancelled if deemed necessary.
3.7.1. Customers or liasons who establish a form of payment that is not normally accepted by PIGO Multimedia, Inc. are responsible for tracking the renewal date of the Service and submitting payment before the renewal date is reached. PIGO Multimedia, Inc. is not liable if an Account is suspended and/or terminated due to lapse in payment for any reason.
3.7.2. PIGO Multimedia, Inc. is not required to send an invoice before payment is due. It is expected that the Customer or liason will responsibly record the anniversary date of each due payment.
3.7.3. Overdue / UN-paid invoice(s) will have the following action(s) taken within a 5 to 10 regular-day timeframe from the posted due date depending on the type of service :
The Customer or liason will be given a grace period of 10 regular days to settle their Web host package invoice, or it will be permanently purged / deleted from the web host server.
Web hosting services will be suspended after 5 regular days, and will be cancelled with or without notice on the 10th day. And the online contents, any recurring add-on services / modules ( if any ) and all emails ( if any ) may be permanently purged / deleted from the web host server. No refund will be due, nor will a backup of any data stored on the Servers be provided. The outstanding balance may still be due before any new services or creative works are rendered.
If due payment is for a recurring add-on functionality or a service ( IE - an SSL certificate, or any other recurring add-on modules or special services ) , it will be removed / or de-activated from the Customer's or liason's website within 5 days if payment is not received.
If due payment is for some other work rendered, the creative products/works might be considered "forfeited" or "abandoned", with an outstanding balance still due before any other future work or services are rendered.
Keeping informed on the status of a Customer's or liason's account for UN-paid services or creative works is the sole responsibility of the Customer or liason .
3.7.4. At our sole discretion, we have the right to determine if a Customer's or liason's account(s) has a recurring payment history of being chronically "over due" or "late" within the assigned payment period, and whether to have the following action(s) taken against their account :
[RECOURSE ONE] - The recurring payment profile will be modified and tiered from either "Weekly to Monthly", "Monthly to Quarterly", "Quarterly to Six-Monthly", or "Six-Monthly to Annually" , OR may have services cancelled altogether without notice, without a refund, account files and emails purged, with no backup in storage at an Employee's discretion.The outstanding balance may still be due before any new services or creative works are rendered.
[RECOURSE TWO] - They may have "late penalty fees" ( from 20% to 50% ) attached to their services or creative works, OR may have services cancelled altogether without notice, without a refund, account files and emails purged, with no backup in storage at an Employee's discretion.The outstanding balance may still be due before any new services or creative works are rendered.
If a "late penalty fee" payment is not successfully acquired by PIGO Multimedia, Inc. within a 5 regular-day timeframe of issuance, the Customer's or liason's account can have their services cancelled without notice, with an outstanding balance still due before any other future work or services are rendered.
If a "late penalty fee" payment is not successfully acquired by PIGO Multimedia, Inc. within a 5-regular-day timeframe of issuance for some other work rendered, the creative products/works might be considered "forfeited" or "abandoned", with an outstanding balance still due before any other future work or services are rendered.
Keeping informed on the status of a Customer's or liason's account for UN-paid "late penalty fees", suspensions or cancellations on services or creative works is the sole responsibility of the Customer or liason's ( See sections 3.6 - 3.6.2 ) .
3.8. All communication regarding billing ,the termination or suspension of a host account initiated by PIGO Multimedia, Inc. with a Customer or liason shall take place via email. PIGO Multimedia, Inc. assumes the email address provided on the Account is accurate and up-to-date, and will make no additional effort to contact you.
3.8.1. Customers or liason's reserve the right to communicate any action taken on their account in accordance with this clause unless otherwise noted in these terms.
3.9. In the event a Customer or liason owes money to PIGO Multimedia, Inc. for any reason, any Services the Customer or liason has with PIGO Multimedia, Inc. may be suspended to attempt to collect payment or terminated due to lapsed due payment(s)/"late fees" with or without notice.
3.9.1. With respect to overdue invoices, IF a website or host account is allowed to stay UN-suspended, PIGO Multimedia reserves the right to "lock-out" the client, liason and any 3rd party associates from accessing the admin section of their website and/or host account until all un-paid or partially paid invoice(s) are satisfied in full.
3.9.2 In the event a Customer or liason owes money to a 3rd party affiliate/service of PIGO Multimedia, Inc. for any reason, any Services the Customer or liason has with that 3rd party affiliate/service may be suspended to attempt to collect payment or terminated due to lapsed due payment(s) or "late fees" with or without notice by PIGO Multimedia, Inc. or by the 3rd party affiliate/service providers themselves.
3.9.2.1 PIGO Multimedia, Inc. is NOT responsible for any conquences of the actions taken against a Customer or liason by a 3rd party affiliate/service provider.
3.10. Billing for all Services a Customer or liason maintains with PIGO Multimedia, Inc. will remain active while an Account or Service is suspended, cancelled or even deleted. Any payment that comes due during the time an Account or Service is expected is to be paid in full, and must be paid prior to Service being reinstated, or any creative works rendered. PIGO Multimedia, Inc. is not responsible for recovering any deleted or purged services and/or works due to prior UN-paid / past due invoices / outstanding "late fees. Additionally, in the event of a "cancellation and or/ deletion" the client or liason will be responsible for any re-build or re-generation of their services, online property(s) and/or creative works. And will be billed according to do so.
3.11. Bank disputes (i.e. “charge backs”) are grounds for immediate termination of an Account without notice from PIGO Multimedia, Inc. No file or database backups will be taken. In the event that a bank dispute is received from a Customer or liason, the Account will be suspended and/or terminated. If a Customer or liason wishes to reinstate an Account affected by a bank dispute, they will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.
3.12. If a Customer or liason wishes to terminate Services or an Account provided by PIGO Multimedia, Inc., it must be requested in writing via email to billing@pigomultimedia.com, or by logging into the billing system and requesting cancellation.
3.12.1. At PIGO Multimedia, Inc.'s discretion, the Customer or liason will be entitled to 0% to 100% of the remaining balance on the account as of the day cancelled in the case of pre-paid Services.
3.12.2. Setup fees, domain name registration/transfer fees, add-on Service fees, ancilliary fees, license fees, and one-time service charges are not eligible for refunds as they are not recoverable.
3.13. In the event that an Account or Service is suspended or terminated at the discretion of an Employee for any reason, no refund will be due, nor will a backup of any data stored on the Servers be provided unless otherwise determined by an Employee.
3.13.1 By initiating services with PIGO Multimedia, Inc. you give full consent that PIGO Multimedia, Inc. will not be held responsible for ANY consequences of the action(s) taken against a Customer or liason, their account(s) and /or Services in reference to section 3.13.
3.14. Unless otherwise noted, any and all promotions are reserved for first-time account holders, and will not be honored for existing Accounts unless approved by a PIGO Multimedia, Inc. manager.
4. Sites, Services and Content
4.1. Services provided by PIGO Multimedia, Inc. are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any United States federal and/or local laws. Failure to comply with this section will result in immediate termination and/or suspension of the Account and/or service with or without notice. If deemed necessary, Law Enforcement will be notified.
4.2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.
4.3. The Customer or liason is wholly responsible for any action(s) taking place on their Account(s) or Service(s) in any way. The Customer or liason is monetarily responsible for any action(s) that is taking place on their Account(s) or Service(s), regardless of if the Customer or liason or a third party took the action(s) or is even aware or not.
4.3.1. PIGO Multimedia, Inc. is not responsible for 3rd party damages that have left the client's or liason's website inoperable functionally and/or aesthetically. This would also include any hinderance or inability for us to further upgrade or maintain the client's or liason's website due to a 3rd party's software implementation(s) and/or alterations to the client's or liason's website. ( ALSO SEE : Sections 7.3 and 7.3.1 )
4.3.2. In the case where a Customer or liason believes their Account was compromised by a third party, it is the Customer’s or liason's responsibility to alert PIGO Multimedia, Inc. in writing to this fact as soon as possible. The Customer or liason may be held liable for any service charges accumulated by any action taking place by them or a third party.
4.4. PIGO Multimedia, Inc. considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to by a Site, the Account will be suspended and/or terminated as determined by an Employee with or without notice.
Examples of unacceptable material include, but are not limited to:
4.4.1. Fraudulent activities of any kind and/or 3rd party links thereof
4.4.2. Illegitimate use of botting software
4.4.3. Copyrighted material without explicit consent to use and/or distribute
4.4.4. Network/computer scanning or attack software and/or 3rd party links thereof
4.4.5. Exploits
4.4.6. Software licenses, license generation software, software “cracks” and/or 3rd party links thereof
4.4.7. Computer viruses/malicious software of any kind and/or 3rd party links thereof
4.4.8. Proxy scripts or services used for malicious purposes
4.4.9. Pornographic, Racist, hateful, terroristic or harassing content and/or 3rd party links thereof. And may be reported to Law Enforcement.
4.4.10. Hacking related information services and/or 3rd party links thereof
4.4.11. SPAM of any kind
4.4.12. Digital currency mining
4.4.13. File sharing/File download proxies and/or 3rd party links thereof
4.4.14. Pharmacy or pharmacy-like services and/or 3rd party links thereof
4.4.15. Material, software or programs deemed "criminal' by PIGO Multimedia, Inc. And may be reported to Law Enforcement.
4.4.16. Material of a militaristic, weaponized nature
4.4.17. ANY MATERIAL, SOFTWARE and/or 3rd party links thereof deemed "Not Appropriate" for our servers of services by PIGO Multimedia, Inc.
4.5. Any effort to link to, or provide material that is not owned by the Customer or liason can result in immediate suspension of the Account with or without notice.
4.5.1. Any data and/or multimedia that is not explicitly owned by the Customer or liason , and for which the customer or liason does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include, but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of an Employee.
4.6. Services are not to be used to monitor, gather information about, or administrate other servers or sites of any kind.
4.7. Sites must remain within the limits specified by the package the Customer or liason selected regardless of whether or not they are strictly enforced. Violating this section is considered exploitation as per Section 4.2 and will result in suspension, and possibly termination, of the Account(s) and/or service(s) with or without notice.
4.8 Any Account found to be causing a degradation of service for other customers or liasons can be suspended and/or terminated at any time with or without notice.
4.9 PIGO Multimedia, Inc. reserves the right to suspend/terminate any account currently on a "trial" or "non-trial" period, with or without notice, at the discretion of an Employee with or without notice.
4.9.1 By initiating services with PIGO Multimedia, Inc. you give full consent that PIGO Multimedia, Inc. will not be held responsible for ANY consequences of the action(s) taken against a Customer or liason , their account(s) and /or Services in reference to section 4.9.
5. Uptime Guarantee
5.1. PIGO Multimedia, Inc. promises a 99.99% uptime guarantee based on the availability of the Services your Account directly utilizes over a period of 1 month.
5.2. Uptime will be judged solely by monitoring services that PIGO Multimedia, Inc. directly contracts or utilizes.
5.2.1. Statistics from third-party monitoring services will not be honored for this guarantee.
5.3. Credits are not automatically applied. If a Customer or liason wishes to challenge the guarantee, a written request must be submitted, and an Employee will investigate the claim.
5.3.1. Should a Customer or liason successfully challenge this guarantee, a credit equal to one day of service, per thirty (30) minutes for the affected Account(s) will be applied. A Customer or liason is allowed one credit per quarter per Service.
5.4. Customers or liasons must pro-actively seek a solution, in writing, to any downtime they experience to be eligible for a service credit when challenging this guarantee.
5.4.1. If it is found that the Customer or liason had not contacted us prior to challenging the guarantee, no service credit will be due.
5.5. Customers or liasons must challenge the guarantee within one month of a suspected violation. Customers or liasons who attempt to challenge the guarantee outside of this time will be due no service credit.
6. Service Credits
6.1. Service credits may only be approved by a PIGO Multimedia, Inc. manager, and must be requested and granted in writing. A manager may revoke any credit received outside of these requirements without notice.
6.2. Service credits will be granted as a credit to the balance of an Account held with PIGO Multimedia, Inc. or as an extension of the renewal date of a Service. Service credits can never be exchanged for a direct refund.
6.3. In the event an Account is terminated or cancelled for any reason, all service credits not yet utilized on the Account are considered null and void, and cannot be refunded.
6.4. Any request for a service credit must be submitted, in writing, within one month of the incident cited as the reason for credit due.
6.5. This document will be used when determining eligibility for a credit. PIGO Multimedia, Inc. is never obligated to provide a service credit, unless otherwise noted in these terms.
7. Public Nature of the Internet and Data Integrity
7.1. The Internet, and PIGO Multimedia, Inc. network, are considered publicly accessible and should be treated as such. PIGO Multimedia, Inc. will not be held liable for any unauthorized access to your data. Any data that is deemed confidential, classified, personal, private, et al. shall and should not be hosted on the Services.
7.2. PIGO Multimedia, Inc. is not exclusively responsible for maintaining backups of any data or files stored on the Services.
7.3. PIGO Multimedia, Inc. is NOT liable or monetarily responsible for any data loss or corruption under any circumstances.
7.3.1. This includes, but is not limited to, sites that are compromised, modified, or changed by a Customer or liason or third party, with or without the consent of the Customer or liason , in any way. ( ALSO SEE : Sections 4.3.1 and 4.3.2 )
7.4. PIGO Multimedia, Inc. is NOT liable or monetarily responsible for any damages incurred due to any service outages under any circumstances.
8. Abuse and Law Enforcement
8.1. By utilizing our Services, the Customer or liason consents to having their Account monitored for activity that may breach this agreement. Information gathered during monitoring will not be used in any way other than ensuring the terms set forth in this agreement are upheld.
8.2. It is the responsibility of PIGO Multimedia, Inc. to comply with any requests set forth by Law Enforcement officials and courts within the bounds of United States federal and local laws ( See all of Section 4 " Sites, Services and Content " as a reference ) Any actions on your Account mandated by the order of a law enforcement official or court will be taken without notice to the Customer or liason , unless otherwise instructed by the aforementioned parties.
8.3. It is the responsibility of PIGO Multimedia, Inc. to comply with properly formatted DMCA complaints as set forth by The Digital Millennium Copyright Act of 1998. In the event we receive a DMCA complaint for an Account, it is our policy to expeditiously remove content that is the direct subject of a correctly prepared copyright violation notice under Section 4 . On the other hand, it is also our policy to replace any removed content if our customer or the liason submits a properly prepared counter-notice under the DMCA. More information about The Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf
8.4 By ordering you agree that service will not be used in or ordered from Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or any organization or company on the United States Commerce Department's "Denied Parties List."
8.5 By initiating services with PIGO Multimedia, Inc. you give full consent that PIGO Multimedia, Inc. will not be held responsible for ANY consequences of the action(s) taken against a Customer or liason, their account(s)
and /or Services in reference to this whole section under "Abuse and Law Enforcement".
9. Indemnification
9.1. The Customer or liason agrees that it shall defend, indemnify, save and hold PIGO Multimedia, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PIGO Multimedia, Inc., its agents, its customers, liasons and Employees, that may arise or result from any promise, claim, application, of service(s) provided or performed or agreed to be performed or any product sold by a Customer or liason, its agents, employees or assigns.
9.2. Customer or liason agrees to defend, indemnify and hold harmless PIGO Multimedia, Inc. against liabilities arising out of:
9.2.1. Any injury to person or property caused by any products sold or otherwise distributed in connection with PIGO Multimedia, Inc.
9.2.2. Any material supplied by customer or liason infringing or allegedly infringing on the proprietary rights of a third party
9.2.3. Copyright infringement
9.2.4. Any defective promise, claim, application, product(s) sold to the patrons of a customer's or liason's Service(s).
10. Arbitration
10.1. By using any Services, you agree to submit to binding arbitration. If any disputes or claims arise against PIGO Multimedia, Inc. or its agents or Employees, an arbitrator of PIGO Multimedia, Inc.’s choice will handle such disputes. A presiding arbitrator in the state of Georgia, in the county of Gwinnett -OR- an arbitrator from the "American Arbitration Association" will be selected in the state of Georgia, in the county of Gwinnett. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration section. You are also responsible for any and all costs related to such arbitration.
11. Disclaimer
11.1. PIGO Multimedia, Inc. is not liable for any damages or losses a Customer or liason, or the business of a Customer or liason may suffer. PIGO Multimedia, Inc. makes no expressed or implied warranties of any kind. PIGO Multimedia, Inc. disclaims any warranty or merchantability for any particular purpose or service. This includes the terms set forth by this document.