ProMining's Terms of Service ("Terms")

Last updated: 8/14/2018


These Terms of Service (“Terms”) are an agreement between you and Hitcents.com (“us”, “we”, or “our”) governing your use of the Pro-Mining website, http://www.pro-mining.com, (“Site”) and services offered through the Site (“Services”). Your use of the Site and/or Services is conditioned on your acceptance of and compliance with these Terms. By using the Site and/or Services, you agree to be bound by these Terms. Please read them carefully. If you disagree with any part of the Terms, you may not access or use the Site or Services.

Account

To view available inventory on the Pro-Mining Site, you must create an account on the Site. Creating an account does not involve any subscription or purchase. To create an account, you must provide a username (your email address) and unique password. Your password should be difficult to guess, should be kept confidential, and should not be reused for a third-party account.

Services

When you purchase a subscription on the Pro-Mining Site, we will provide you with a Graphics Processing Unit (“GPU”) to perform ‘mining’/hashing (“Mining”) of cryptocurrencies. The results of your Mining will be sent directly to a wallet of your choosing via a pre-configured or custom mining pool of your choosing.

Our Services allow you to perform Mining for the following cryptocurrencies: Ethereum, Ethereum Classic, Zcash, Bitcoin Gold, Monero, and Electroneum.

The provision of our Services is subject to available inventory of GPUs and is not guaranteed. If no inventory is available, our Site will not allow you to complete a subscription.

Subscriptions

Our Services are provided and billed on a subscription basis. You can select a thirty (30) days or ninety (90) days subscription term. You must pay for the entire subscription term at the time you subscribe. Subscriptions will NOT automatically renew. Five (5) days prior to the end of a subscription term, you will have the option to renew your subscription for a subsequent term on our Site.

To subscribe to our Services, you must complete an online subscription form, through which you must provide us with your name, address, and credit card information.

By opening an account on our Site and/or entering into a subscription for our Services, you represent and agree that:

  • 1. The information you provide us is accurate and current;
  • 2. You are the only person who will use your account and/or subscription;
  • 3. You are using the Site and/or Services for private use, not business or commercial use;
  • 4. You will keep your account and/or subscription information confidential;
  • 5. You are responsible for all activity that occurs in your account and/or with your subscription;
  • 6. You are using the Site and/or Services for permitted purposes only;
  • 7. You are not a competitor of Hitcents.com or the Pro-Mining Site; and
  • 8. You will immediately notify us of any unauthorized use or security breach of your account and/or subscription, another customer’s account and/or subscription, or the Site and/or Services generally.

If we determine that you have not satisfied or upheld these representations, we may terminate your account and/or subscription and your use of our Site and/or Services without prior notice. Indeed, you agree that we may terminate your account and/or subscription and your use of our Site and/or Services for any or no reason, without prior notice.

Service-Level Agreement

We guarantee the uptime of your assigned GPU will be 99.5%. In the event your GPU is down, we will assign another GPU to you. If your second GPU is down, we will make up any lost Mining time to you through an extension of your subscription term. For example, if your second GPU is down for one hour, we will add an additional one hour on to your subscription term.

We may need to suspend our Services for technical reasons or to update or change the Services, including updating or changing the Services in accordance with relevant laws or regulations. If this occurs, we will attempt to notify you. We will also make up any lost Mining time to you through an extension of your subscription term.

You agree that your sole remedy for downtime or suspension of Services for any reason is for the extension of your subscription term for a time period equal to that of the downtime or suspension of Services.

Termination

We may terminate your use of our Site and/or Services for any or no reason, without prior notice. We may charge you for the costs we incur as a result of your actions that give rise to the termination.

While you may stop using our Site and/or Services at any time, you will only receive a (pro-rated) refund if we determine that we have breached our responsibilities to you pursuant to these Terms. If we approve a pro-rated refund on this basis, the pro-rated refund will be calculated by determining the average daily production of cryptocurrency at current exchange rates and for the current subscription term to the cancel date, multiplied by one less than the number of days remaining in the subscription. To request a termination of Services and pro-rated refund, you must send a written request to: [email protected] or 900 Church Street, Bowling Green KY, 42101.

All provisions of these Terms which by their nature should survive termination will survive termination, including but not limited to the liability and indemnity provisions.

Risks of Mining

You understand the speculative nature and inherent risks involved in Mining cryptocurrencies. These risks include, but are not limited to: mining difficulties, technical defects, currency fluctuation, the irreversible nature of cryptocurrency transactions, the fact that some transactions may never be confirmed, and the fact that cryptocurrencies are unregulated, decentralized, and their value is not insured by any legal entities.

You understand that any Mining activities you undertake will be carried out independently from us and at your own risk. We are not responsible in any way for the cryptocurrency reward or return you may or may not earn while using our Services. We in no way make any recommendations to you about whether, when, and/or how to mine/hash cryptocurrencies, which cryptocurrencies to mine, which mining pools to use, or even which wallet to use. Indeed, Mining is not for everyone and you should conduct research and consult appropriate professionals before Mining.

When using our Services, you must not mine cryptocurrencies in any way that is prohibited by the laws or regulations which apply to us or to you. You must also not use our Site or Services for any unauthorized means or fraudulent purposes.

Our Liability

Hitcents.com, including our suppliers and distributors, is not liable for any loss or damage you sustain in connection with the Services, including your Mining of cryptocurrencies. This includes, but is not limited to, any losses or damages you sustain as a result of:

  • 1. Currency fluctuation;
  • 2. Changes in the difficulty of mining;
  • 3. Changes in applicable laws or regulations;
  • 4. Any interruptions to or errors on our website, the Services, or a relevant communications network;
  • 5. Any delayed or suspended Services;
  • 6. Acts of any third-parties, events outside of our control, or events that are not reasonably foreseeable;
  • 7. The cryptocurrency(ies) you choose to mine, the mining pool(s) you choose, or the wallet(s) you choose; and
  • 8. Any security or data attacks or compromises that affect the Site, Services, or information we have about you.

By agreeing that Hitcents.com, including our suppliers and distributors, is not liable for any losses or damages you sustain, you agree that “losses and damages” include, but are not limited to:

  • 1. Loss of profits, income, revenues, savings, and any other financial losses;
  • 2. Loss of cryptocurrency;
  • 3. Failing to generate additional profits, income, revenues, savings, or any other financial gain;
  • 4. Failing to generate additional cryptocurrency;
  • 5. The success, failure, or performance of your mining in any way;
  • 6. Loss of property or data, including personal information; and
  • 7. Although you agree to use the Site and/or Services for private use: loss of business, loss of business opportunity, and business interruption.

Under no circumstances will Hitcents.com, including our suppliers and distributors, be liable for any indirect, punitive, incidental, special, or consequential damages of any kind that arise out of or relate to the Site, our Services, and/or Mining activities. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

To the extent Hitcents.com’s liability is permitted by law, our total liability, including that of our suppliers and distributors, for any claims under these Terms, including your use of the Site and/or Services and any implied warranties, is limited to the amount you paid to use the Services during the subscription term in which your complaint arose. Hitcents.com, including our suppliers and distributors, may choose to pay you by refunding the amount you paid or by providing you with additional subscription time.

If any law that applies to you does not allow the exclusion or limitation of certain damages as set forth in these Terms, the applicable exclusion or limitation does not apply to you and our liability is limited to the extent permitted by any such law.

Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold us and our officers, directors, owners, agents, information and service providers, affiliates, licensors and licensees (the “Indemnified Parties”) harmless from and against any and all liability and costs (including attorney fees and other legal fees) incurred by the Indemnified Parties in connection with any claim arising out of fraud or fraudulent misrepresentation, your breach of these Terms or any applicable law or regulation, the infringement of any copyright or other intellectual property rights, and third-party claims arising from your use of the Site and/or Services. You agree to cooperate with us in the defense of any such claim and we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Additional Terms

These Terms constitute our entire agreement with you.

These Terms control our relationship with you; they do not create any third-party rights or obligations.

We may transfer our rights and obligations under these Terms to another person or organization without your consent and without prior notice. You may only transfer your rights or obligations under these Terms with our written consent and we may refuse to give our consent for any or no reason.

Each of the provisions in these Terms operates separately. In the event any court, arbitrator, or other relevant authority determines that one or some provisions are unlawful, the remaining provisions remain in full force and effect.

In any dispute or claim relating to or arising out of these Terms, including all disputes or claims arising out of your use of the Site and/or Services, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable costs and attorneys’ fees in addition to any other available remedy.

Our delay in enforcing these Terms does not constitute our wavier of them.

Choice of Law

The interpretation and enforcement of these Terms, including all disputes or claims arising out of your use of the Site and/or Services, are governed by the laws of the State of Kentucky, exclusive of any choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America including the Federal Arbitration Act, 9 U.S.C. §1, et seq.

Arbitration Clause

Any dispute or claim relating to or arising out of these Terms, including all disputes or claims arising out of your use of the Site and/or Services, will be submitted to binding arbitration. The arbitration will be conducted in the State of Kentucky, in or as close to Warren County as practicable. The arbitration will be conducted by one arbitrator from the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules of the AAA. The arbitrator will issue a reasoned award with findings of fact and conclusions of law. Either party may bring an action in any court of competent jurisdiction to compel arbitration under these Terms, or to enforce an arbitration award. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Changes to these Terms

We may modify or replace these Terms at any time and may notify you of any changes we deem material by any reasonable means, including by making the updated Terms available to you on our Site. You should review the Terms on our Site regularly for any changes. Your continued use of our Site and/or Services following published changes to the Terms will mean that you agree to the changes. If you do not agree to the changes, you should stop using our Site and Services.

Contact Us

If you have any questions about these Terms, please contact us at (270) 796-5063 or write to us at [email protected] or 900 Church Street, Bowling Green, Kentucky, 42101.