These are the terms and conditions ("Agreement") applicable to the purchase and
sale of website related services among you ("Customer", "you" or "your") and Web.com
("Web.com", "us", "we" or "our"). If you do not agree to be legally bound by these
terms and conditions, you may notify Web.com within thirty (30) days of your order
and the services will be canceled with no further obligations by either party. Failure
to notify Web.com of cancellation within such period shall be deemed to indicate
that you have read and understood these terms and conditions, and agree to be bound
by them.
In addition, you may elect to purchase additional services from Web.com, or their
partners and/or other third parties, which have their own terms and conditions agreements
and acceptable use agreements, aside from this agreement. Those agreements should
be presented to you at the time of purchase and/or account login, and it is your
obligation to review, accept and abide by those agreements as well as this agreement.
Terms and conditions for all of our services can be found on:
http://www.web.com/legal/default.aspx
Web.com will provide you with the following services (the "Services"): Web.com will
build an eWorks! XL website (the "Website") with information provided by you and
a "1-800" number associated with the Website with up to 200 minutes per month of
local and long distance telephone service. Web.com shall develop and host the Website
on a network server accessible by the Internet via an assigned Universal Resource
Locator ("URL") subdomain and register the Website URL with several World Wide Web
Search Engines. You hereby grant to Web.com and its subcontractors the necessary
rights and licenses with respect to such Website to carry out obligations under
this Agreement and to make a reasonable number of archival or back-up copies as
deemed necessary by Web.com. Optionally, you may elect to purchase additional add-on
services such as e-commerce, or advanced website options which are also covered
by this Agreement.
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Customer shall pay Web.com for the Services provided. If Customer exceeds stated
limits for any part of the Services, additional fees may apply based on posted rates.
All rates are stated net of all applicable federal, state, and local taxes. On any
amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per
month (18% per year) or, if such rate is in excess of the rate allowed by law, then
Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees
to pay all costs of collection, including costs of litigation and reasonable attorneys'
fees. Customer agrees to execute financing statements and other instruments at Web.com's
request. A $20 (Twenty U.S. Dollars) collection fee will be charged for all dishonored
checks. A $15 (Fifteen U.S. Dollars) fee will be assessed for the following reasons:
(1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit
card number, or (4) restart of Service terminated for nonpayment. Payment is late
after the fifth (5th) day of the month. Web.com may change any fee, rate, or plan
upon thirty (30) days' notice (except for hosting fees [see Section 4 herein]).
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Customer shall be responsible for the following:
a. Providing Web.com with all necessary information, data, text,
music, sound, images, photographs, graphics, video, messages, tags and custom images
(including, but not limited to, design, pamphlets, brochures, logos, and other images)
and other materials ("Content") in connection with development of the Website other
than that which is supplied by Web.com.
b. Contacting Web.com for all changes, modifications, and enhancements
to the Website and/or Services starting from the date of sale.
c. Contacting Web.com with notice of Customer's decision to cancel
or discontinue the Services starting from the date of sale. Customer may cancel
the services, without penalty or obligation, at any time during the free 30-day
trial period. If customer decides to cancel prior to the end of the free 30-day
trial period, customer must contact and notify Web.com of the decision to cancel
by calling Web.com at 1-800-311-2707. If no such notification is given to Web.com
by customer, Web.com will assume customer is satisfied with and accepts the services,
and Web.com will begin billing the monthly service fee directly to customer’s telephone
bill, credit card, or automated clearing house (ach). (Discounts for credit card
or ach payment may apply.) After the free 30-day trial period, Customer
may cancel the Services upon seventy-two hour notice by calling Web.com at 1-800-311-2707.
Your cancellation request may be recorded.
d. Obtaining Internet connectivity to access the Website, to send
and receive e-mail, and to otherwise access and utilize the Internet.
e. To the extent Customer gathers any personal information about
visitors to the Website, Customer will not share that personal information with
any third party without first obtaining a visitor’s consent.
f. Providing current and updated contact information (including
e-mail address and fax number) for Web.com's use in contacting Customer concerning
the Website.
g. Customer represents to Web.com that Customer is at least eighteen
years old and is responsible for supervising the activities of any under-age user.
h. Ensuring that the Website content provided by Customer does
not infringe or violate the Intellectual Property rights (including, but not limited
to, trademarks, trade names, copyrights, patents, domain registration rights, and
trade secrets) or any other right of any third party (including, but not limited
to, rights of privacy and contractual rights), and acquiring any authorization(s)
necessary to use intellectual property or other proprietary information of third
parties.
i. Ensuring the accuracy of materials provided to Web.com, including,
without limitation, website content, descriptive claims, warranties, guarantees,
nature of business, and contact information for the Customer.
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Customer understands that any fees and annual or monthly charges are nonrefundable.
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Service commencement is initiated on the basis of a recorded order verification
and begins on the date that the Website is up and available on the Internet. This
is the site "origination date" or "active date." Upon cancellation, Customer will
receive a final bill reflecting the balance due for any remaining charges. Customer
agrees to pay all fees incurred by Customer and billed to Customer via credit card,
check, local telephone company, direct billing and/or third party billing arrangement.
Direct billing is due upon receipt of invoice. Web.com reserves the right to adjust
its hosting fees from time to time without prior notice to Customer.
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Customer will use the Services in a manner which does not interfere with or disrupt
other network users, services, or equipment, and Web.com reserves the right to terminate
or suspend Services without notice if such interference is determined by Web.com
to exist. Such interference or disruption includes, but is not limited to:
i. wide-scale distribution of messages, including bulk e-mail or
unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate
mailing lists, newsgroups, or other public or private forums,
ii. propagation of computer worms or viruses, and
iii. use of the network to make unauthorized entry to other computational,
information, or communications devices or resources- This includes unauthorized
security probing activities or other attempts to evaluate the security integrity
of a network or host system without permission.
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Web.com reserves the right to deny, terminate, or suspend Services without notice
if, in Web.com's sole discretion, the Services is used by Customer in a manner that
violates or may violate the following standards, and Web.com reserves the right
to reject, alter, modify, or remove the Website, Website domain name, URL address,
or any Website content (including, but not limited to, any language, words, text,
photographs, designs, drawings, graphics, images, symbols, or logos) which Web.com
in its sole discretion deems to be:
a. An infringement on or a mechanism designed to facilitate the
infringement of a propriety interest of any third party, including without limitation,
any copyright, trademark, domain registration right, trade secret, or patent right.
By using the Service, Customer represents and warrants that any name or word submitted
to be used as all or part of the URL associated with the Website does not infringe
any trademark or domain name rights of any third party. Moreover, Customer warrants
that it has a present good faith intention to use the URL it requests in connection
with a commercial or personal endeavor and that it is not merely "cybersquatting,"
i.e., obtaining the URL merely to attempt to sell the rights to the URL or subdomain
to some third party.
b. In violation of any federal, state, county, and municipal laws,
regulations, governmental agency orders, and court orders.
c. Offensive, including without limitation, bigotry, racism, discrimination,
hatred, or profanity; is disparaging, defamatory, libelous, or results in an invasion
of privacy; promotes or provides instructional information about illegal activities
or physical harm or injury to any group, individual, institution or property; or
infringes on a proprietary interest of any third party, including without limitation,
any copyright, trademark, domain registration right, trade secret or patent right;
or may violate any federal, state, county, and municipal laws, regulations, governmental
agency orders, and court orders; or
d. States or implies that the Website is placed by Web.com or any
party with a contractual relationship with Web.com, or that such parties endorse
the Customer’s products or services.
e. Pornographic or obscene. Web.com neither sanctions nor permits
hosted site content or the transmission of data that contains illegal or obscene
material or fosters or promotes illegal activity. Web.com reserves the right to
immediately suspend or terminate any site or transmission that violates this policy,
without prior notice. In the event of such termination, Customer agrees that the
unused portion of any fees Customer may have paid for any Services rendered to Customer
by Web.com are an appropriate recompense to Web.com for the time required to respond
to and address issues created by Customer's illegal or obscene site/content, and
Customer agrees not to seek recovery of those fees. Further, should Customer violate
this policy, Web.com will actively assist and cooperate with law enforcement agencies
and government authorities in collecting and tendering information about Customer,
the Website, the illegal or obscene content, and those persons that may have inappropriately
accessed, acquired, or used the illegal or obscene content.
f. Violent or encouraging violence.
g. Disparaging, defamatory, libelous, or resulting in an invasion
of privacy.
h. Promotion or providing of instructional information about illegal
activities or physical harm or injury to any group, individual, institution or property,
or encouraging illegal or criminal conduct.
i. Promotion or facilitation of, or engaging in, consumer deception
or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal
activities.
j. Intentional holding of Web.com (including its affiliates) or
their employees or stockholders up to public scorn, ridicule, or defamation.
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The Services are provided on an "as is" and "as available" basis. Web.com's entire
liability and Customer's exclusive remedy against Web.com for any failure of service
under this Agreement, or the performance or nonperformance of any obligation under
this Agreement, shall be limited to a refund of amounts paid to Web.com during the
period of time that the Services contracted for were interrupted or not provided
properly or continuously. The entire liability of Web.com, and Customer’s exclusive
remedy against Web.com for errors in the Website (other than those errors caused
by Customer) shall be the correction of such errors upon notice from Customer.
Except as expressly stated herein, customer’s use of the service is at its own risk
and Web.com disclaims any and all warranties to customer, express or implied, including
without limitation, warranties of merchantability, fitness for a particular purpose,
title and noninfringement, and any warranties arising from a course of dealing,
usage, or trade practice. Web.com does not warrant that the services will be uninterrupted,
error-free, or completely secure. Web.com disclaims and shall not be
liable for any other loss, injury, cost or damage suffered by Customer or any third
party and shall in no event be liable for consequential, special, or indirect or
incidental damages, including without limitation, damages for loss of business profits,
business interruption, or loss of data, arising out of or in any way connected with
the use of the Website and any information available on it, and the delay or inability
to use the site or any information, even if Web.com has been advised of the possibility
of such damages. These limitations and exclusions regarding damages apply even if
any remedy fails. Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or consequential damages.
Except as expressly stated herein, Web.com disclaims any and all warranties to Customer,
expressed or implied, including implied warranties of merchantability and fitness
for a particular purpose.
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Web.com will not be liable to any third parties for any direct, incidental, or consequential
losses or damages suffered by such third parties for any reason, whether foreseeable
or not, including, without limitation, damages for loss of profits, loss of income
or earnings, loss of business opportunities, injury, or other loss or damage resulting
directly or indirectly out of or in connection with the Service, or through use
of the Website. The foregoing shall apply despite any negligence, misconduct, errors,
or omissions by Web.com, including without limitation its employees, representatives,
agents, or technical operations. Customer assumes sole responsibility for:
a. acquiring any authorization(s) necessary to use intellectual
property (including, but not limited to, copyrights and trademarks) or information
of third parties;
b. acquiring any authorization(s) necessary for hypertext links
to third party websites;
c. the accuracy of materials provided to Web.com, including, without
limitation, website content, descriptive claims, warranties, guarantees, nature
of business, and contact information for the Customer; and
d. ensuring that the Website content provided by Customer does
not infringe or violate the intellectual property rights or any other right of any
third party. Web.com shall have no liability and shall be held harmless for any
content provided by Customer that infringes or violates any rights of third parties,
including, without limitation, rights of publicity, rights of privacy, patents,
copyrights, trademarks, trade secrets, and/or licenses. Web.com disclaims any responsibility
for any content, goods, and services available through the Website, or the quality
or accuracy of any information in the Website. Web.com will not endorse, warrant,
or guarantee any product or service offered through the Website, and will not be
a party to or in any way monitor any transaction between Customer and third-party
purchasers of products or services resulting from the Services or use of the Website,
including, without limitation, all sales of goods or services, credit card transactions,
banking or securities transactions, or any business, service, or merchandise agreements.
Web.com disclaims any and all express or implied warranties to third party users
of the website, including without limitation, any warranties of merchantability,
fitness for a particular purpose, title, and noninfringement.
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Customer agrees to defend, indemnify, and hold harmless Web.com and each of Web.com's
officers, directors, employees, agents, and affiliates from, against, and in respect
of: (i) any and all losses, damages or deficiencies resulting from any third party
claim against Web.com in connection with the Website (including, but not limited
to, website content) or the URL (ii) any and all losses, costs (including reasonable
attorney’s fees), expenses, damages, assessments, or judgments (collectively, "Liabilities"),
resulting from any claim against any of such parties in connection with the Website,
(iii) any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content and (iv) all costs and expenses incident
to any and all actions, suits, proceedings, claims, demands, assessments, or judgments
in respect thereof regardless of the merit thereof, including Web.com's reasonable
legal fees and expenses (whether incident to the foregoing or to Web.com's enforcement
of said rights or defense and indemnity).
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Web.com reserves the right to suspend or terminate Service with or without notice
to Customer if Web.com determines, in its sole discretion, that Customer has failed
to comply with its obligations as set forth in this Agreement.
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As between Customer and Web.com, all Content provided by Customer to Web.com for
inclusion to the website shall remain the sole and exclusive property of Customer.
Customer acknowledges that all Content is owned by Customer or that Customer has
a legal right to such Content. With the exception of Customer’s ownership interest
as identified in the previous two sentences, ownership interest to the Website,
including, but not limited to, the URL address, HTML coding, scripting, copyrights,
domain name(s), and all other intellectual property rights, shall remain exclusively
with Web.com. Upon termination of the Services, should Customer desire to obtain
the proprietary, copyright, or ownership rights to the Website, Customer must obtain
express, written permission from Web.com, and Customer shall compensate Web.com
a royalty fee of twelve (12) times the then-current monthly fee received by Web.com
for the Service as compensation for assignment of the proprietary rights to the
website. Such ownership or proprietary rights assignment shall be limited to the
actual URL address, Website and its underlying HTML script or coding as developed
for Customer by Web.com, but shall not include any rights to Web.com's software,
trade secrets, methodologies, processes, proprietary functions, know-how, and all
intellectual property including, but not limited to, all copyrights, trademarks,
patents, and trade secrets related to Web.com's products or services, which shall
remain the sole and exclusive property of Web.com and its suppliers, affiliates,
partners, and licensors.
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This Agreement shall be governed by the laws of the State of Florida, without giving
effect to principles of conflict of laws contained herein. Customer agrees that
any judicial proceeding for the breach of or enforcement at law or equity of this
Agreement or any provision hereof shall be instituted only in a federal or state
court of competent jurisdiction in the city of Jacksonville and the State of Florida,
and Customer consents to the jurisdiction of such court, and waives the right to
challenge the jurisdiction of such court on grounds of lack of personal jurisdiction
or to seek a change of venue. This Agreement constitutes the entire agreement of
the parties relative to its subject matter, and shall not be waived, modified, or
supplemented in whole or in part except in a writing signed by the parties. If any
provision of this Agreement is held invalid or unenforceable by any court of competent
jurisdiction, the remaining provisions shall continue in full force and effect.
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Any failure by Web.com to enforce any of its rights under this Agreement or any
applicable laws shall not constitute a waiver of such right. If any provision of
this Agreement is found by a court of competent jurisdiction to be invalid, Customer,
Web.com, and the court shall endeavor to give effect to the intent reflected in
that provision, and the remaining provisions shall retain their full force and effect.
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This Agreement constitutes the entire agreement of the parties relative to its subject
matter. Customer may not waive, modify or supplement, this Agreement in whole or
in part, except for written permission or amendment by Web.com. Web.com reserves
the right to unilaterally modify and revise the Terms and Conditions of this Agreement
from time to time. Such modifications or revisions shall be provided to Customer
via the Notice provisions set forth in Section 15 herein, and Customer shall be
deemed to have accepted, and to be apprised of and bound by, any such modifications
or revisions to the Terms and Conditions, and may only reject such modifications
or revisions by canceling the Service.
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Notice to Customer shall be deemed effective when a) sent via e-mail to the last
known Customer contact e-mail address, or if none, to the last known Customer fax
number, or if none, when deposited in first-class U.S. mail with sufficient postage
attached addressed to the last known Customer mailing address or b) posted at www.web.com/legal/terms-and-conditions/default.aspx,
as updated from time to time. Notices required to be given by Customer may be made
by calling Web.com at 1-800-311-2707.
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This Agreement does not create any agency, employment, partnership, joint venture,
franchise, or other similar or special relationship between you and Web.com. Neither
party will have the right or authority to assume or create any obligations or to
make any representations, warranties or commitments on behalf of the other party
or its affiliates, whether express or implied, or to bind the other party or its
affiliates in any respect whatsoever.
Your rights and obligations under this Agreement shall not be transferred or assigned
directly or indirectly without the prior written consent of Web.com.