Introduction
This Service Agreement (“Agreement”) is between HostDudes (“Service Provider”) and the undersigned client (“Client”). By using HostDudes’ services, the Client agrees to the terms and conditions set forth in this Agreement.
Definitions
For the purposes of this agreement, the following terms shall have the following meanings:
- a. Node(s) or Node Software
Refers to cryptocurrency blockchain software that supports its corresponding blockchain network. Clients purchase node licenses or have acquired enough tokens to be eligible to run nodes to support the corresponding blockchain. Clients can have this software hosted using HostDudes services if supported by its platform. - b. Virtual Machine
Refers to a virtualized computer run by HostDudes on behalf of the client. - c. Cryptocurrency, Coins, or Tokens
Refers to the particular reward mechanisms clients earn as a result of the node software being run and fulfilling its uptime requirements. - d. API Key or Other Like Keys
Refers to the minimal information required for HostDudes to run the node software on behalf of a client. These requirements may change based on the project’s team and are outside of HostDudes’ control. - e. Wallet
Refers to a cryptocurrency wallet controlled by the client. - f. Seedphrase, Recovery Phrase, or Similar Terms
Refers to the keys that allow a client access to their cryptocurrency wallet.
Service Description
HostDudes facilitates the creation of virtual machines to operate nodes. Necessary information, such as an API Key or similar access credentials, is required from the Client.
Client Responsibilities
The Client agrees to:
- Conduct due diligence on any cryptocurrency projects, coins, tokens, or software licenses supported using HostDudes’ services.
- Acknowledge HostDudes does not guarantee the legitimacy of projects or provide legal, financial, or investment advice.
- Perform consistent backups of all data pertinent to their cryptocurrency activities.
- HostDudes bears no responsibility for any loss or corruption of data, including, but not limited to, their seedphrase.
- Ensure compliance with all applicable laws and regulations.
- Indemnify and hold HostDudes harmless from any claims or losses arising from the Client’s failure to comply with laws or regulations.
Service Level Agreement
HostDudes strives to provide a 99% uninterrupted hosting service but does not guarantee this uptime. HostDudes is not responsible for missed rewards or earnings due to downtime caused by issues with the node software, scheduled maintenance, network failures, cyber attacks, or any third-party service disruptions.
Limitation of Liability
HostDudes is not liable for indirect, incidental, special, punitive, or consequential damages. Total liability is limited to the amount paid by the Client in the one month preceding the event causing liability. HostDudes is not responsible for third-party software or hardware issues or the Client’s failure to secure access credentials. HostDudes shall not be liable for any loss of profits, loss of business, business interruption, loss of business opportunity, goodwill, or reputation.
Acts of God
HostDudes will make best efforts to restore services disrupted by Acts of God (e.g., natural disasters) but is not liable for losses resulting from such events.
Client Communication and Issue Reporting
The Client must notify HostDudes in writing of any machine issues. HostDudes will address these reported issues within a 72-hour window. In the event that this timeframe is unattainable, HostDudes will promptly inform the client. However, HostDudes does not guarantee a specific resolution timeframe for the issue.
No Guarantee of Rewards
HostDudes does not guarantee rewards for running nodes and will not compensate for missed rewards.
Data Security and Privacy
HostDudes takes reasonable measures to protect the information provided by the Client but is not responsible for any data breaches or leaks. The Client acknowledges and accepts that any information or data provided to HostDudes is provided at the Client’s own risk. HostDudes shall not be held liable for any damages resulting from unauthorized access, disclosure, alteration, or destruction of the Client’s data. The Client agrees to indemnify HostDudes against any claims arising from data breaches involving the Client’s data.
Payment Terms
Invoices are sent per client net 3, with an extended 3-day grace period for payment as HostDudes deems fit. Failure to pay may result in service disconnection and/or late fees, calculated as $10 or 1% of the invoice amount, whichever is greater. All fees and payments are non-refundable.
Termination
HostDudes may terminate this Agreement and service for non-compliance or non-payment. Termination does not relieve the Client of payment obligations. HostDudes may terminate service at any time with written notice. Outstanding fees become due immediately. If the Client terminates the service before the end of the agreed service period, the Client will be responsible for paying an early termination fee at the discretion of HostDudes. This early termination fee is equal to $20 or 1.5% of the value of the invoice, whichever is greater.
Indemnification
The Client agrees to indemnify, defend, and hold harmless HostDudes, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with the Client’s use of the services, including any claim or demand arising from the Client’s use or investment in any cryptocurrency projects.
This indemnification obligation shall survive the termination of this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state in which HostDudes is headquartered, without regard to its conflict of law principles.
Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.
Amendments
HostDudes reserves the right to amend this Agreement at any time. Clients will be notified of any changes to the Agreement via email, and continued use of the services will constitute acceptance of the amended terms.
While HostDudes will promptly notify clients of any modifications to the Agreement, please note that such changes will take effect immediately upon notification.
Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
No Waiver
Failure to enforce any provision does not waive the right to enforce it later. The failure of HostDudes to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
Written Communication
“Written communication” is split into:
- Contract Obligations: Refers to payment/invoice notifications sent via email, to be paid per the agreement which is typically net 30.
- Service Obligations: Refers to communication via Discord (unless otherwise agreed) for setting up and troubleshooting node software, notifications for server maintenance, and other related issues.
Any notices or communications sent to the Client by HostDudes through these channels will be considered delivered and received. Acceptance of services and payment indicates agreement to this Agreement’s terms.
Disclaimer of Warranties
HostDudes provides the services on an “as is” and “as available” basis. HostDudes expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. HostDudes makes no warranty that the services will meet the Client’s requirements or that the services will be uninterrupted, timely, secure, or error-free.
Service Understanding
HostDudes may remove or add a node service at any time, and this action is not a reflection of whether the project is a good investment nor an indication of HostDudes’ opinion on the project’s viability. HostDudes will do its best to keep a client’s nodes operational but does not guarantee node rewards or a specific amount of daily uptime. The Client acknowledges that cryptocurrency investments are inherently risky, and HostDudes does not assume any responsibility for the Client’s investment decisions or the performance of any supported projects.
Client Notifications Regarding Node Status and Changes
The Client must notify HostDudes via Discord (unless otherwise agreed upon) that their nodes are offline or having issues. The Client is responsible for monitoring the machine’s status and reporting discrepancies. HostDudes will make a best effort to resolve reported issues, but cannot guarantee the functionality of the node software itself, as it is provided and maintained by the respective project. HostDudes will strive to provide at least 1 hour’s notice to the Client for any major disruptions or scheduled maintenance that could impact node operations, where feasible. However, for high-priority maintenance tasks, HostDudes retains the right to proceed without prior notice.
Node Quantity Management
Over time, Clients may add, remove, or change the number of nodes they host with HostDudes. It is the Client’s responsibility to inform HostDudes of any such changes within a reasonable timeframe. HostDudes is not responsible for tracking or managing the number of nodes the Client operates and will not be held liable for any discrepancies or issues arising from the Client’s failure to provide proper notice of changes.
Software and Hardware Requirement Changes
The Client must inform HostDudes via Discord of any changes to software or hardware requirements for their node. This includes, but is not limited to, increased hardware needs such as additional RAM, storage, or CPU allocation. Failure to notify HostDudes of such changes places the responsibility solely on the Client. HostDudes will not be liable for any loss of rewards or earnings due to inadequate hardware or software capabilities resulting from the Client’s failure to communicate these needs. HostDudes will strive to accommodate increased requirements but does not guarantee the ability to scale hardware or software support as needed. Any upgrades may incur additional service fees and increased monthly hosting costs at HostDudes’ discretion. The Client is required to provide HostDudes with written notice of any alterations to software or hardware requirements at least 30 business days prior, to facilitate appropriate adjustments. The Client acknowledges that if a shorter notice period is given, HostDudes may not be able to complete the task, and in such cases, HostDudes will not be held liable for any loss of rewards.
Arbitration to Resolve Disputes
Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the state where HostDudes is headquartered.
Confidentiality
Both parties agree to keep confidential any proprietary information, trade secrets, or other sensitive information disclosed during the term of this Agreement and for a period of two years thereafter.
Force Majeure
HostDudes shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply chain disruptions, and internet failures.
By using the services provided by HostDudes, the Client acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.