UNIVERSAL TERMS OF SERVICE AGREEMENT
Date of last revision: May 2, 2019
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REMEDIES.
1. GENERAL INFORMATION
This Universal Terms of Service Agreement (this “Contract”) is entered into between WebMaxPlus (“WebMaxPlus”) and you, and is effective from the date you use this Website (“Site”) or electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through the Site (individually and collectively, the “Services”). Service Agreements and additional policies apply to certain services and are in addition to (not in place of) this agreement. In the event of a conflict between the provisions of the Services Agreement and those of this Agreement, the provisions of the applicable Service Agreement shall govern.
The terms “we”, “us” or “our” shall refer to WebMaxPlus. The terms “you”, “your”, “yours”, “User” or “customer” refer to any person or entity that accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer benefits or rights on any third party.
2. MODIFICATION OF THE CONTRACT, SITE OR SERVICES
WebMaxPlus may, in its sole discretion, change or modify this Agreement, and any policies or agreements incorporated herein, at any time, and such changes or modifications will be effective immediately when posted on this Site. Your use of this Site or the Services for which these changes or modifications have been made will constitute your acceptance of the latest revision of this Agreement. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, from time to time, WebMaxPlus may notify you of changes or modifications to this Agreement by email. Therefore, it is very important that you keep your buyer account information up to date (“Bill”) . WebMaxPlus assumes no responsibility of any kind for your failure to receive an email notification if such a problem arises from an incorrect email address. In addition, WebMaxPlus may terminate Your use of the Services if You violate or fail to comply with any of the terms of this Agreement. WEBMAXPLUS RESERVES THE RIGHT TO MODIFY, CHANGE OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ITS PRICES AND FEES, AT ANY TIME.
3. ELIGIBILITY; FACULTY
This Site and the Services are available only to individuals (“Users”) who can enter into binding contracts under applicable law. By using this Site or the Services, you represent and warrant that (i) you are over eighteen (18) years of age, (ii) that you are capable of entering into legally binding contracts under applicable law, or (iii) that you do not have Purchasing or receiving the Services is prohibited under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “yours”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, WebMaxPlus finds that you do not have the legal authority to bind such corporate entity, you will be personally liable for the obligations contained in this Agreement, including, but not limited to, payment obligations. WebMaxPlus shall not be liable for any loss or damage resulting from WebMaxPlus's reliance on an instruction, notice, document or communication that WebMaxPlus could reasonably have believed to be genuine and to have come from an authorized representative of its corporate entity. If there is reasonable doubt about the authenticity of any such instructions, notices, documents or communications, WebMaxPlus reserves the right (but assumes no obligation) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions recorded by you, anyone acting as your agent, and anyone using your account or the Services, whether or not authorized by you.
4. YOUR ACCOUNT
In order to access some of the features of this Site or use of some of the Services, you will need to create an account. You represent and warrant to WebMaxPlus that any information you provide when you create your Account is accurate, current and complete, and that your Account information will be kept accurate, current and complete. If WebMaxPlus has reason to believe that your Account information is untrue, inaccurate, not current, or incomplete, WebMaxPlus reserves the right, in its sole discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs in your Account, whether authorized by you or not, and you must keep your information safe; including but not limited to your customer/login number, password, Payment Methods (as defined below), and buyer identification number (PIN). For security reasons, WebMaxPlus recommends that you change your buyer PIN and password at least once every six (6) months for each Account. You must notify WebMaxPlus immediately of any breach of security or unauthorized use of your Account. WebMaxPlus will not be liable for any loss you may incur as a result of any unauthorized use of your Account. However, you will be responsible for any loss caused by your Account that WebMaxPlus or third parties may suffer, whether caused by you or an authorized person, or by an unauthorized person.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services, and all applicable local, state, and federal laws, rules, and regulations. relevant national and international
- You will not collect, collect (or permit anyone else to collect) any User Content (as defined below) or private or personally identifiable information about another User or any other person or entity, without the express consent and prior written consent from them.
- You will not use this Site or the Services in a manner that (as determined by WebMaxPlus in its sole discretion):
- Is illegal, promotes or encourages illegal activity;
- Promotes, encourages, or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals or property;
- Promote, encourage or participate in any spamming or other unsolicited mass emailing, hacking or breach of systems;
- Violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage, or engage in the sale or distribution of prescription drugs without a valid prescription;
- Violate the Online Sex Trafficking Act 2017 or similar laws, or promote or facilitate prostitution and/or sex trafficking;
- Infringes the intellectual property rights of another User or any other person or entity;
- Violate the privacy or publicity rights of another User or any other person or entity, or breach any duty of confidentiality that you owe to another User or other person or entity;
- Interferes with the operation of this Site or the Services found on it;
- Contains or installs any virus, worm, bug, Trojan horse or other code, file or program intended or capable of adversely affecting, damaging or limiting the functionality of any software or hardware; either
- Contains false or misleading language, or unsubstantiated claims or the like, in connection with WebMaxPlus or the WebMaxPlus Services.
- You will not reproduce or distribute in any medium any part of this Site or the Services, except as expressly authorized by WebMaxPlus.
- You will not modify or alter any part of this Site or the Services found on it, or any of its related technologies.
- You will not access WebMaxPlus Content (as defined below) or User Content through any technology or by any means other than through this Site itself, or as directed by WebMaxPlus.
- You agree to make a backup copy of all of your User Content so that you can access and use it whenever you need to. WebMaxPlus does not guarantee to endorse any Account or User Content, and you agree to accept the loss of all of your User Content at risk.
- You will not resell or provide the Services for commercial purposes, including any of WebMaxPlus' technologies, without the express prior written consent of WebMaxPlus.
- You will not circumvent, disable, or otherwise interfere with any security-related features of this Site or the Services found on this Site (including, without limitation, features that prevent or restrict the use or copying of any Site Content). WebMaxPlus or User Content), nor will it impose limitations on the use of this Site or the Services found on this Site, the WebMaxPlus Content or the User Content therein.
- You agree to provide a government-issued photo ID or government-issued business ID to verify your identity when requested.
- You acknowledge that WebMaxPlus may from time to time call you in connection with your account, and that, for the purposes of all such calls, your call may be recorded and you hereby consent to it, subject to any applicable law and our restrictions. and obligations thereon, including, where permitted, to record all such calls regardless of whether WebMaxPlus asks you, on a particular call, for your consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, such recordings may be submitted as evidence in any legal proceeding to which WebMaxPlus is a party. Additionally, by providing your telephone or cell number, you consent to receive marketing telephone calls from WebMaxPlus that may be initiated by an automatic telephone dialing system and/or the use of an artificial or pre-recorded voice. You understand that providing your consent is not a condition of purchasing any WebMaxPlus product or service. Similarly, by providing your mobile phone number, you consent to receive marketing text messages from or on behalf of WebMaxPlus that may be sent using an automatic telephone dialing system. You understand that providing your consent is not a condition of purchasing any WebMaxPlus product or service. Message and data rates may apply.
- Without limiting any of our rights set forth in the Agreement, WebMaxPlus expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Service (including, without limitation, the right to cancel or transfer any registration domain name) to any User (i) whose Account or Services have been previously terminated or suspended, whether due to breach of this or any other Agreement or any other policy of WebMaxPlus, or (ii) who participates or has participated in any inappropriate or illegal activity while using the Site or Services (as determined by WebMaxPlus in its sole discretion).
6. PROTECTION OF YOUR DATA
As defined in this section and in the APD, covered services include hosting services that are subject to the terms and conditions of the following Agreements: (1) domain name registration, (2) Email Marketing Services, (3) hosting, (4) Online Store/Quick Shopping Cart, (5) Website Builder Services.
7. USER CONTENT
Some of the features of this Site or the Services, including the Services that are hosted with WebMaxPlus, may allow Users to view, post, share, store or manage (a) ideas, opinions, recommendations or advice through postings on forums, content submitted for a contest, product reviews or recommendations, or photos to be incorporated into an event or social media activity (“User Submissions”), or (b) literary, artistic, musical or other content, including, but not limited to, photos and videos (along with User Submissions, “user content”). All content submitted through your Account is considered User Content. By posting or posting User Content to this Site or through the Services, you represent and warrant to WebMaxPlus that (i) you have all necessary rights to distribute User Content through this Site or through the Services, because you are the author of the User Content and has the right to distribute the same, or because you have the appropriate distribution rights, licenses, authorizations, and/or written permissions to use the rights, granted by the author or other owner of the Content of the User, and (ii) the User Content does not infringe the rights of any third party. You will be solely responsible for any and all of your User Content or User Content that is submitted through your Account and the consequences of its distribution and the requirements to do so.
User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate WebMaxPlus to treat your User Submissions as confidential or secret, that WebMaxPlus has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or any third party for any intentional or unintentional use of your User Submissions and that WebMaxPlus may be working on the same or similar content, may already be aware of such content from other sources, or maybe you just want to develop this (or similar) content yourself, or you may have/will take some other action.
WebMaxPlus must own the exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted on this Site and shall have the right to unrestricted use and dissemination of User Submissions posted on this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or third parties.
User Content Other Than User Submissions. By posting or posting User Content on this Site or through the Services, you authorize WebMaxPlus to use the intellectual property and other proprietary rights in your User Content to enable the insertion and use of the User Content in the manner intended. by this Site and this Agreement. You grant WebMaxPlus a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, and combine with other works, display, and perform your User Content in connection with with this Site, the Services and the business of WebMaxPlus (and of WebMaxPlus affiliates), including without limitation, for the promotion and redistribution of all or part of this Site in any media format and through media channels of communication without restrictions of any kind and without payment or consideration of any kind, or permissions or notifications, to you or third parties. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate as “private” or “password-protected”) through this Site. and to use, reproduce, distribute, prepare derivative works of, combine with other works, display and perform your (your) User Content, as permitted through the functionality of this Site and under this Agreement. The foregoing licenses granted by you to your User Content expire within a commercially reasonable time after the User Content is removed or removed from this Site. However, you understand and agree that WebMaxPlus may retain (but not distribute, display or perform) server copies of your User Content that has been removed or deleted. The aforementioned licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary herein, WebMaxPlus may not use any User Content that has been designated as “private” or “password protected” by you for the purpose of promoting this Site or the business of WebMaxPlus (or WebMaxPlus affiliates). If you have a Website or other Content sponsored by WebMaxPlus, you will retain ownership or license rights to the User Content.
8. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our policies and procedures, we will use commercially reasonable efforts to attempt to provide this Site and the Services twenty-four (24) hours a day, seven (7) days a week. week. You acknowledge and agree that, from time to time, this Site may not be accessible or operable for any reason; including, but not limited to, equipment failures; periodic repair or maintenance operations that we may carry out from time to time; or causes beyond our control or that we cannot reasonably foresee, including, without limitation, interruptions or failures of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the Site or the Service on a continuous or uninterrupted basis, and that we have no liability to you or any third party in connection therewith.
9. PRODUCT CREDITS
In the event a product credit (“Credit”) is provided to you, whether to redeem the purchase of a specific product or free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only will be valid for one (1) year and will only be available with a qualifying purchase, and may be terminated in the event the purchased product is deleted, cancelled, transferred, or not renewed. The Credit will expire one (1) year after the date of purchase of the purchased Product if the Credit has not been redeemed. In the event Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you want to cancel the automatic renewal of the product, you can do so by visiting your account or by contacting customer service. If your Purchased Product includes a free domain name, and you cancel the Purchased Product, the list price of the domain name will be deducted from the refund amount. The list price is the price of the domain name that is included in the WebMaxPlus website and is not subject to promotions, discounts or other price reductions. For free Credit issuances with another purchased Product, you acknowledge and agree that we may exchange your Credit for a similar product, at our sole discretion.
10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
WebMaxPlus generally does not pre-screen User Content (whether posted on a website hosted by WebMaxPlus or posted on this Site). However, WebMaxPlus reserves the right (but has no obligation) to do so and decides whether any element of the User Content is appropriate or complies with this Agreement. WebMaxPlus may remove any item of User Content (whether placed on a website hosted by WebMaxPlus or posted on this Site) or terminate a user's access to this Site or the Services found on this Site for placing or posting any material that violates this Agreement or is otherwise in violation of this Agreement (as determined by WebMaxPlus in its sole and absolute discretion), at any time and without notice. WebMaxPlus may also terminate a user's access to this Site or the Services found there, if WebMaxPlus has reason to believe that the User repeatedly violates the rules. If you terminate your access to this Site or the Services found on it, you may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
11. INTERRUPTED SERVICES; END OF LIFE POLICY
WebMaxPlus reserves the right to stop offering or providing the Services at any time, for any or no reason, and without notice. Although WebMaxPlus makes every effort to maximize the life of all of its Services, there are times when a Service we offer will be discontinued or reach the end of its useful life (“EOL”). If such is the case, WebMaxPlus will no longer support the product or service in any way as of the EOL date.
Notice and migration. In the event that the Services we offer have reached or reach the EOL, we will try to notify you thirty or more days in advance of the EOL date. You are responsible for taking all steps necessary to replace the Service by migrating to a new Service prior to the EOL date, or by completely discontinuing reliance on such Service prior to the EOL date. In any event, WebMaxPlus will offer a comparable Service for you to migrate to for the remainder of your purchase term, a prorated credit for in-store use, or a prorated refund, to be determined by WebMaxPlus in its sole and absolute discretion. WebMaxPlus may, with or without notice, migrate you to the most current version of the Service, if available. You accept full responsibility for any loss or damage arising from such migration.
Disclaimer. WebMaxPlus will not be liable to you or any third party for any modification, suspension or discontinuation of the Services that we may offer or to which we may provide access.
12. BETA SERVICES
WebMaxPlus may from time to time offer new Services (expected limited services or new entitlements for existing Services) in pre-release versions. New Services, new features to existing Services, or limited prior services, will be known, individually and collectively, as “Beta Services”. If you choose to use any of the Beta Services, your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not function properly; (ii) You acknowledge and agree that use of the Beta Services may expose you to unusual risks of operational failure; (iii) Beta Services are provided "as is" and are not recommended for use in production processes or mission-critical environments; (iv) WebMaxPlus reserves the right to modify, change or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change materially, and programs you use or run with the Beta Services may not work with commercially released versions or later versions; (vi) WebMaxPlus may limit the availability of Customer Service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback about your experience with the Beta Services as reasonably requested by us, including such information as is necessary to enable us to reproduce errors or problems you experience. You further acknowledge and agree that we may use your feedback for any purpose, including product development. At our request, you will provide us with feedback that we may use publicly for press and marketing materials. All intellectual property inherent in your comments or arising from your use of the Beta Services shall be the exclusive property of WebMaxPlus; (viii) You acknowledge and agree that all information about your use of the Beta Services, including your experience and opinions regarding the Beta Services, is confidential and may not be disclosed to any third party or used for any purpose other than to provide comments to WebMaxPlus; (ix) The Beta Services are provided "as is", "as available" and "with all faults". To the extent permitted by law, WebMaxPlus disclaims all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. .
13. FEES AND PAYMENTS
**_ (A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS_**
Payment date at the time of the order; Non refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise stated in the refund policy.
Price changes. WebMaxPlus reserves the right to change its prices and fees at any time, and such changes will be posted online on this Site and will be effective immediately without further notice to you. If you have purchased or obtained Services for a period of months or years, price and fee changes will be effective when the Services in question are due for renewal, as described below.
Payment types. Except as prohibited in any specific product agreement, you must pay for services using any of the following “Payment Methods”: (i) valid credit card, (ii) “Good As Gold Prepaid Services” (which are defined below); (iii) electronic payment from your personal or business checking account, as applicable (as defined below); (iv) PayPal, (v) International Payment Option (as defined below), or (vi) through store credit balances, if applicable (as defined below), each of which is considered a “Payment Method”. The “Quick Pay” feature automatically places an order for the applicable Service and charges it to the default Quick Pay Payment Method for your Account. An order confirmation will be sent to the email address registered for your Account. Your Payment Method on file must continue to be valid if you have any active Services on your Account. You further agree that your payment processing location may change for any reason, including the type of Payment Method chosen, currency selected, or changes or updates to your Payment Method.
Refunds issued. You agree that when refunds are issued to your Payment Method, the issuance of a refund receipt by WebMaxPlus is only confirmation that WebMaxPlus has sent your refund to the Payment Method charged at the time of original sale and that WebMaxPlus has not You have no control over when the refund will be applied to the available balance of your Payment Method. In addition, you acknowledge and agree that the payment provider or the bank that issues your Payment Method establishes and regulates timeframes for posting your refund, and such timeframes may vary from five (5) business days to a full billing cycle or period. elderly.
If a refund is issued to your Payment Method and the payment provider, payment processor or bank that issues your Payment Method imposes limitations on refunds, including, without limitation, limitations on the term of refunds or the amount of refunds. Refunds Allowed, WebMaxPlus, in its sole and absolute discretion, reserves the right to issue the refund (i) in the form of store credit, (ii) by issuing a check from WebMaxPlus, to be sent to the postal address in your Account or (iii) in some jurisdictions, such as bank transfer, when the payment processor is unable to refund the Payment Method. WebMaxPlus also has the right to offer store credit for customers seeking a refund, although there are no limitations on refunds imposed by the Payment Method.
Monthly billing date. If you are billed monthly, your monthly billing date will be based on the date you purchased the Services, unless that date falls after the 28th of the month, in which case, the billing date will be on the 28th of each month.
Automatic Renewal Terms. Except as required by applicable law, WebMaxPlus does not retain paper or electronic versions of mandates, standing orders or standing instructions and/or any signed consents related to the use of our automatic renewal services, and therefore we are unable to provide none of these documents if requested. You can view or change your auto-renewal settings at any time by logging into your WebMaxPlus account.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. EXCEPT FOR THE REASONS PROVIDED BELOW IN THIS SECTION, THE AUTOMATIC RENEWAL OPTION RENEWS APPLICABLE SERVICE, FOR A RENEWAL PERIOD, OF THE SAME DURATION AS THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES TO BE RENEWED). TO THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS ONE YEAR, YOUR RENEWAL PERIOD WILL BE ONE YEAR. HOWEVER, IF YOU ARE UNABLE TO RENEW USING THE PAYMENT METHOD ON RECORD, WEBMAXPLUS MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A SHORTER PERIOD THAN THE ORIGINAL SUBSCRIPTION TO THE EXTENT NECESSARY TO SUCCESSFULLY COMPLETE THE TRANSACTION.
UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, WEBMAXPLUS WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT REACHES THE TIME OF RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) ON YOUR ACCOUNT OR YOUR ACCOUNT(S). ) DESIGNATED BACKUP PAYMENT METHOD(S) THAT YOU HAVE ON RECORD WITH WEBMAXPLUS. WHEN AUTOMATICALLY RENEWING YOUR SERVICES, WEBMAXPLUS WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) ON YOUR ACCOUNT. IN THE EVENT THAT WebMaxPlus IS UNABLE TO PROPERLY CHARGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT METHOD(S) DESIGNATED AS \”\BACKUP\”\ ON YOUR ACCOUNT. RENEWALS WILL BE CHARGED AT WebMaxPlus'S CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO VIEW THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER ON THIS SITE AND FOLLOW THE STEPS FOUND HERE. IF YOU DO NOT WISH TO RENEW EACH SERVICE AUTOMATICALLY, YOU MAY CHOOSE TO CANCEL THE RENEWAL. IN THAT EVENT, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE CURRENT TERM, UNLESS YOU MANUALLY RENEW THEM PRIOR TO THAT DATE. IN OTHER WORDS, IF YOU CHOOSE TO DISABLE THE AUTO-RENEWAL OPTION AND DO NOT MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF YOUR SERVICES AND WebMaxPlus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THESE SERVICES. SAME.
IN ADDITION, WebMaxPlus MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” ENABLED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY, DEPENDING ON YOUR BANK'S PARTICIPATION). IF WE CANNOT SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER OR EXPIRATION DATE OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD. CREDIT IN OUR NAME WITHOUT NOTIFYING US. IN ACCORDANCE WITH THE REQUIREMENTS OF THE RECURRING BILLING PROGRAM, IN THE EVENT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER OR EXPIRATION DATE, WebMaxPlus WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. WebMaxPlus DOES NOT GUARANTEE THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING, BUT NOT LIMITED TO, (i) CANCELLATION OF PRODUCTS AND (II) ENSURE THAT YOUR ASSOCIATED PAYMENT METHODS ARE UP-TO-DATE AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT FAILURE TO DO SO MAY RESULT IN INTERRUPTION OR LOSS OF SERVICES, AND WebMaxPlus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THIS MATTER.
If for any reason WebMaxPlus is unable to charge your Payment Method for the full amount due, or if WebMaxPlus receives notice of a surcharge, reversal, payment dispute, or is charged a penalty for a fee previously charged to your Payment Method, you You agree that WebMaxPlus will pursue all legal remedies in order to obtain payment, including, without limitation, immediate termination without notice of any domain name or Service registered or renewed in your name. WebMaxPlus also reserves the right to charge you reasonable "administrative fees" for (i) tasks WebMaxPlus may perform outside of the normal scope of its Services, (ii) additional time or costs WebMaxPlus may incur in providing its Services, or (iii) your (your) failure to comply with this Agreement (as determined by WebMaxPlus in its sole and absolute discretion). Typical cases in which administrative or processing fees are charged include, but are not limited to (i) customer service issues that require additional time and personal attention; (ii) UDRP's action(s) in connection with your domain name(s) or disputes requiring legal or accounting services, whether by WebMaxPlus staff or non-WebMaxPlus companies; (iii) recover costs and fees, including the cost of Services, incurred by WebMaxPlus as a result of surcharges or other payment disputes caused by you, your bank, or your Payment Method processor. These administrative fees or processing fees will be billed to the payment method you have on file with WebMaxPlus.
WebMaxPlus may offer product prices in multiple currencies. The transaction will be processed in the selected currency and the price displayed during the checkout process will be the actual amount submitted for payment. For some Payment Methods, the issuer of the Payment Method may charge you a foreign currency transaction fee or other charge, which may be added to the final amount on your bank statement or posted as a separate amount. Check the details with the issuer of your payment method. In addition, regardless of the currency selected, you acknowledge and agree that you may be charged value added tax (“VAT”), the tax on goods and services (“GST”), or other local charges or taxes, depending on the bank or country indicated in the billing address section.
(B) REFUND POLICY
The products and services available for reimbursement are described here (“refund policy”).
(C) GOOD AS GOLD PREPAID SERVICES
Service details. By using Good As Gold Prepaid Services, you may transfer funds to WebMaxPlus to raise funds for your Good As Gold Prepaid Services Account (“Good As Gold Account”). You may then use your Good As Gold Account to purchase any of the Services. You can raise funds for your Good as Gold Account by bank transfer.
You acknowledge that the funds transferred to your Good As Gold Account will be held by WebMaxPlus and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you agree that WebMaxPlus shall be entitled to receive and retain such amounts to cover expenses associated with Good As Gold Prepaid Services.
You agree that all transactions using the Good As Gold Prepaid Services will be conducted in United States dollars.
Your Good As Gold Account must receive an initial fund of no less than the equivalent of USD $1,000.00.
All payments must be made for the full amount required at purchase.
Funds transfer details. Transfers may be initiated in foreign currency to fund your Good As Gold Account; however, the natural currency of the Wild West Domains bank is the US dollar. Foreign currency transfers will be automatically converted and deposited into US dollars. Please note that exchange rate fees may apply.
You are responsible for all wire transfer fees, both incoming and outgoing, in connection with your Good As Gold Account. Any non-US bank transfer may be subject to fees charged by your bank, intermediary banks, or WebMaxPlus's bank, which may reduce the amount of money received by WebMaxPlus's bank and subsequently funded into your Good Account. Ace Gold. You hereby expressly authorize WebMaxPlus (i) to reduce your Good As Gold Account by the amount of wire transfer fees WebMaxPlus incurs to receive your funds; and/or (ii) charge a service fee of twenty dollars ($20.00) (“service fee”) in connection with the suspension of your Good As Gold Account. All rates are subject to change at any time and will be posted online; they will be effective immediately without the need for us to send you any further notice.
You can check the remaining funds in your Good As Gold Account at any time through your Account or through the shopping cart. In the event that you choose to suspend your Good As Gold Account (or in the event that WebMaxPlus chooses to suspend your Good As Gold Account because you violated an obligation under the Good As Gold Service Agreement), the balance will be refunded to you. in your Good As Gold Account, net of service fee.
You can add additional funds to your Good As Gold Account at any time.
Your use of Good As Gold Prepaid Services. Funds in your Good As Gold Account can only be used through the WebMaxPlus checkout process on the WebMaxPlus website. No purchases may be made unless there are sufficient funds in your Good As Gold Account at the time of purchase to cover the full amount of your Good As Gold Account, including any related charges, as set forth herein and in other relevant agreements.
(D) PAYMENT BY CHECK (ELECTRONIC PAYMENT)
By using the WebMaxPlus check payment option (“Payment by check”), you may purchase the WebMaxPlus Services by electronic payment (from your personal account and/or your business checking account (“Checking Account”), as applicable). In this regard, you agree to allow a third party check service provider, Certegy Check Services, Inc. (“Check service provider”) that debits the full amount of your purchase from your Checking Account, which is non-refundable. The Check Service Provider will create an electronic funds transfer (“EFT”) or bank draft to be presented to your (your) bank or financial institution for payment from your Checking Account. The Checking Account must be in a financial institution in the United States of America and the payment must be in US dollars.
It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Service Provider or WebMaxPlus reserves the right to decline a transaction for any reason (including, but not limited to, payments that have not been credited because your checking account no longer exists or you do not have available/sufficient funds) and (ii) in such cases, neither Checking Service Provider nor WebMaxPlus shall be liable to you or any third party with respect thereto. If for any reason Check Service Provider is unable to collect the full amount due for Services provided, you agree that Check Service Provider and WebMaxPlus may take all legal action possible to obtain payment (plus applicable fees). WebMaxPlus is not responsible for the acts of the Checking Service Provider. You agree that if the EFT or money order is returned unpaid, you will be required to pay an administrative fee in accordance with the fees allowed by law for each US state. You can find here a help article that describes the Check Service Provider and summarizes the service charges listed above. These fees may be debited from your Checking Account by EFT or bank draft. All rates are expressed in US dollars.
WebMaxPlus and its service providers, including, but not limited to Check Service Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including, but not limited to, by email, regular mail, SMS, MMS, SMS, text, postings on the Services, or other reasonable means now known or hereafter developed. You may not receive such notices if you violate these Terms of Service by accessing the Services in an unauthorized manner. Your acceptance of these Terms of Service constitutes your agreement that you will be deemed to have received any notices that would have been delivered if you had accessed the Services in an unauthorized manner. Failure to receive such notices for any reason will not relieve WebMaxPlus or the Checking Service Provider of any payment or other obligation. In addition, you expressly authorize WebMaxPlus and its service providers, including but not limited to Check Service Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you via autodialer, recorded messages with prior or any other method to any of your mobile phone numbers or emails. You further acknowledge that the email addresses you provide are not shared, are not accessible to others, and are not employer-related email addresses.
(E) INTERNATIONAL PAYMENT OPTIONS
WebMaxPlus offers a variety of alternative international payment options through a variety of International Payment Providers (“IPPs”). In the event that you select an IPP, you represent that you have already agreed to all applicable IPP customer service agreements prior to completing your transaction on WebMaxPlus. You also agree to allow IPP to debit your selected account or payment method, collectively, the “Funding Sources” for the full amount of your purchase. You further agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee,” as well as other charges or fees applicable to your contract with the IPP (collectively, the “IPP Fees”), in accordance with their funding sources. You understand and agree that IPP fees are subject to change at any time by IPP without notice to you by WebMaxPlus.
It is your responsibility to keep your Funding Sources current and funded. You agree that (i) IPP or WebMaxPlus reserves the right to decline a transaction for any reason and (ii) neither IPP nor WebMaxPlus shall be liable to you or any third party with respect thereto. You acknowledge that WebMaxPlus will not attempt to fulfill the Services you purchased until WebMaxPlus receives confirmation of payment from IPP through its associated payment processor. You acknowledge that there may be a difference of several hours or days between the time you place an order and the time payment is confirmed by IPP through its associated payment processor. If WebMaxPlus does not receive payment confirmation from IPP through its associated payment processor within thirty (30) days from the time the order was placed, the order may be cancelled; at which point you will need to start the purchase process all over again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your WebMaxPlus account. Payments received for previously canceled orders will be automatically refunded to the original Payment Method where possible.
If, at the time WebMaxPlus receives payment confirmation from IPP (via its associated payment processor), (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been canceled in our systems; or (iii) the payment confirmation does not match the dollar amount of the pending order, and as a result of your purchase there are over or under funds, WebMaxPlus may automatically issue a partial refund (in the event of over funds). ) to your funding source. If IPP (or its associated payment processor) imposes refund limitations of any kind, WebMaxPlus reserves the right to issue refunds to a store credit balance or as a wire transfer when the payment processor is unable to refund the Payment Method. payment. If you receive a full refund, you will need to start the purchase process again. You agree that IPP reserves the right not to refund IPP fees associated with a funded transaction. Accordingly, any refund issued by WebMaxPlus will be net of IPP fees unless otherwise specified.
WebMaxPlus offers SEPA direct debit (“SEPA”) as a payment method for customers located in Germany. If you choose to use SEPA as a payment method, you authorize WebMaxPlus and Adyen, our payment service provider, to send instructions to your bank to debit your account. By agreeing to these terms, you direct WebMaxPlus to collect all applicable charges arising from this Agreement. The authorization will also apply to any new bank account you use to purchase from WebMaxPlus. We will notify you of the date of collection of the direct debit within a reasonable time (the "advance notice"). This advance notice will be sent to you by email at least one (1) business day before the charge is made. You are responsible for ensuring that there are sufficient funds in your account to cover direct debit payments. You also agree to indemnify WebMaxPlus for any loss you may incur if your financial institution withholds payment from WebMaxPlus for any reason.
(F) STORE CREDIT BALANCES
In the event your Account contains a store credit balance: (1) you may apply any available store credit balance to any future purchases on your Account; and (2) you authorize WebMaxPlus to apply any available credit balance for any outstanding administrative fees, chargebacks, or other fees related to your account. In the event that WebMaxPlus is unable to properly charge the Payment Method associated with a specific Service on your account or your backup Payment Methods when processing Service renewals, WebMaxPlus may use any available store credit balance if there are sufficient funds. to cover the entire transaction. Regardless of the amount of store credit available on your account, WebMaxPlus is not responsible for loss of products resulting from an inability to collect funds from your payment methods or store credit. Store credit balances will be applied based on the currency selected in the shopping cart at checkout (or renewal). If you have more than one store credit, the credits will be processed based on their age. The oldest credit will be applied first. If additional funds are required to complete the purchase or renewal, credits processed in a non-selected currency will be converted using the WebMaxPlus daily exchange rate based on the age of the credit (older or newer) until (i) the sufficient funds to complete the transaction, or (ii) there is no available balance in the account. You understand and agree that at the time of conversion, WebMaxPlus may also impose an additional administrative fee.
You can check your available store credit balance at any time through your Account on the WebMaxPlus website. You acknowledge that your store credit balances are non-transferable and may only be used on the Account on which they were purchased and may expire. Complimentary in-store credits will expire two years from issue. In the event WebMaxPlus suspends your Account, you acknowledge and agree that any remaining available store credit balance will be pledged.
You acknowledge that funds available in your store credit balance will be held by WebMaxPlus and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you agree that WebMaxPlus is entitled to receive and retain such amounts to cover expenses associated with maintaining store credit balance functionality.
(G) PURCHASES OF EXPIRED DOMAIN NAMES
For expired domain names purchased through your account, you agree that you are responsible for payment within forty-eight (48) hours of auction close in the amount of the winning bid plus the renewal fee for one (1 ) year (from the end of the previous domain name registration period), plus ICANN Fee if applicable, or any valid payment method associated with the account, will be charged on the third day after the auction closes. If you are unable to collect payment, you may lose the rights to purchase the domain name.
14. ADDITIONAL RESERVATION OF RIGHTS
WebMaxPlus explicitly reserves the right to deny, cancel, terminate, suspend, block or modify access to (or control of) any Account or Service (including the right to cancel or transfer any domain name registration) for any reason ( as determined by WebMaxPlus in its sole discretion), including but not limited to: (i) correcting errors made by WebMaxPlus in offering or providing any of the Services (including any domain name registration), (ii) protecting the integrity and stability of, and correct any errors made by, any domain name registry or registrar, (iii) contribute to our efforts to prevent and detect fraud and abuse, (iv) comply with court orders against you or your domain name or website and with applicable local, state, national and international laws, rules and regulations, (v) comply with law enforcement orders, including subpoena orders, (vi) comply with any dispute resolution process, (vii) defend ourselves in any legal action or threat thereof, regardless of whether or not such legal action or threat thereof is ultimately determined to have merit, (viii) avoid any civil or criminal liability on the part of WebMaxPlus, its officers, directors, employees and agents, as well as those of WebMaxPlus affiliates, including, without limitation, instances where you have sued or threatened sue WebMaxPlus, or (ix) respond to an excessive number of complaints related in any way to your account, domain name(s), or content on your website that could cause harm to WebMaxPlus's business, operations, reputation, or shareholders.
WebMaxPlus expressly reserves the right to review each Account for excessive space and bandwidth usage and to terminate or apply additional charges to those Accounts that exceed permitted levels.
WebMaxPlus expressly reserves the right to terminate, without notice, any Service where, in WebMaxPlus' sole discretion, you are harassing or threatening WebMaxPlus and/or any of WebMaxPlus' employees.
WebMaxPlus Content. Except for User Content, the content of this Site and the Services, including but not limited to text, software, scripts, source code, APIs, graphics, photos, sounds, music, videos, and interactive features and trademarks , service marks and logos contained therein (“WebMaxPlus Contents”), are owned by or licensed to WebMaxPlus in perpetuity and are entitled to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign law. Joined. WebMaxPlus The Content is provided "as is", "as available" and "with all faults" for your information and non-commercial personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed , sold, licensed or otherwise exploited for any purpose without the prior written consent of WebMaxPlus. This agreement does not grant any right or license under any copyright, trademark, patent or other proprietary right or license. WebMaxPlus reserves all rights not expressly granted in the WebMaxPlus Content, this Site and the Services, and this Agreement does not transfer ownership of any such rights.
15.NO UNSOLICITED MAIL; LIQUIDATED DAMAGES
No spam. We do not support the transmission of spam. We monitor all traffic to and from our web servers for signs of spam and maintain a spam abuse complaint center to record reports of such occurrences. Customers suspected of using our products and services to send spam are thoroughly investigated. If we determine that a spam problem exists, we will take appropriate steps to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimile (Fax), which are emails or facsimiles sent to recipients as advertisements or the like. without first obtaining confirmed consent to receive such communications. This may include, but is not limited to, the following:
- Email messages
- Posts in newsgroups
- Windows system messages
- Pop-up messages (also known as "adware" or "spyware" messages)
- Instant messages (using AOL, MSN, Yahoo and other instant messaging programs)
- Advertisements in online chat rooms
- Postings in Guest Books or Website Forums
- Unsolicited facsimiles
- Text/SMS messages
We will not allow our servers and services to be used for the purposes described above. To use our products and services, you must not only follow all applicable laws and regulations, including the Can-Spam Act of 2003 and the Telephone Services Consumer Protection Act, but you must also follow this anti-spam policy. unsolicited mail. Commercial advertising and/or mass emails or faxes may only be sent to recipients who have “opted in” receiving messages. They must include a legitimate return and reply address, the sender's physical address, and, in the footer of the email or fax, a method of notifying them that they do not want to receive any more messages. At our request, compelling proof that the owner of an email address or fax number chose to receive messages from the sender may be requested.
If we determine that the account, products or services in question are being used to send spam, we will redirect, suspend or terminate any account, website hosting, domain registration, email box or any other applicable product or service. In such event, at our option, we may ask you to respond to us by email to indicate that you will stop sending spam and/or that spam is being sent on your behalf and that it requires a non-refundable reactivation fee that you will owe. be paid before the site, email boxes or services are reactivated.
We encourage all customers and recipients of email generated by our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center. Web: report abuse.
liquidated damages. You agree that we may immediately close any Account if we believe, in our sole discretion, that you are transmitting or otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, you agree to pay us liquidated damages in the amount of $1.00 for each spam or unsolicited bulk email from or related to your Account.
16. TRADEMARK OR COPYRIGHT CLAIMS
WebMaxPlus supports the protection of intellectual property. If you wish to file (i) a trademark claim for infringement of a mark in which you have a valid and registered trademark or service mark or, (ii) a copyright claim for material in which you have a right copyright in good faith, please refer to the WebMaxPlus Copyright or Trademark Infringement Policy referenced above and available here.
17. LINKS TO THIRD PARTY WEBSITES
This Site and the Services found on it may contain links to third party websites that are not owned or controlled by WebMaxPlus. WebMaxPlus assumes no responsibility for the content, terms and conditions, privacy policies, or practices of third party websites. Furthermore, WebMaxPlus does not censor or edit the content of any third party website. By using this Site or the Services found on this Site, you expressly release WebMaxPlus from any and all liability arising out of your use of any third party website. Accordingly, WebMaxPlus recommends that you know, when you leave this Site or the Services found therein, and consult the terms and conditions, privacy policies and other documents that govern the other websites that you may visit.
18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND THEREIN SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND THEREIN ARE PROVIDED "AS IS", "AS IS". ARE AVAILABLE” AND “WITH ALL FAULTS”. WEBMAXPLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL STATUTORY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PARTICULAR AND NON-INFRINGEMENT. WEBMAXPLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES WITH WHICH IT IS MADE LINK (VIA HYPERLINKS, ADVERTISING OR OTHERWISE) TO THIS SITE OR (III) THE SERVICES FOUND ON THIS SITE OR ANY SITES LINKED TO (VIA HYPERLINKS, ADVERTISING OR OTHERWISE). OTHERWISE) TO THIS SITE, AND WEBMAXPLUS ASSUMES NO RESPONSIBILITY OF ANY KIND THEREOF.
FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WEBMAXPLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (INCLUDING BUT NOT LIMITED TO ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) OR THIRD PARTIES SERVICE PROVIDERS SHALL NOT (I) PROVIDE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SERVICES FOUND ON THE SITE AND USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE AND THE SERVICES FOUND THEREIN.
19. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WEBMAXPLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY SITE LINKED (VIA HYPERLINKS, ADVERTISING OR OTHERWISE) TO THIS SITE , (III) THE SERVICES FOUND ON THIS SITE OR ON ANY SITE LINKED (BY HYPERLINKS, ADVERTISEMENTS, OR OTHERWISE) TO THIS SITE, (IV) PERSONAL OR PROPERTY INJURIES OF ANY NATURE WHATEVER, (V) THIRD PARTY CONDUCT OF ANY KIND WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, PURPOSE ANCIENT OR OTHER INFORMATION OR DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY LINKED SITES (THROUGH HYPERLINKS, ADVERTISEMENTS OR OTHERWISE WAY) TO THIS SITE, (VIII) ANY VIRUSES, WORM, BUG, TROJAN HORSE, OR THE LIKE, WHICH MAY BE TRANSMITTED TO AND FROM THIS SITE OR ANY SITES TO WHICH IT IS LINKED (VIA HYPERLINKS, ADVERTISEMENTS, OR OTHERWISE) TO THIS SITE, (IX) ANY CONTENT OR USER CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT ES OR ANY OTHER LEGAL OR EQUITY LAW THEORY, REGARDLESS OF WHETHER WEBMAXPLUS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WEBMAXPLUS' TOTAL LIABILITY EXCEED US$$10,000.00.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE AND THE SERVICES FOUND THEREIN.
You agree to protect, defend, indemnify and hold harmless WebMaxPlus and its officers, directors, employees, agents and third party service providers, from and against all claims, demands, costs, expenses, losses, debts and damages of any type and nature (including, but not limited to, reasonable attorneys' fees) imposed on or incurred by WebMaxPlus directly or indirectly arising from (i) your use of and access to this Site or the Services found therein; (ii) your breach of any of the provisions of this Agreement or the policies or agreements incorporated herein; or (iii) your violation of any third party right; including, but not limited to any intellectual property rights or other proprietary rights. The indemnification obligations under this section will survive any termination or expiration of this Agreement or your use of this Site or the Services found on it.
21. COMPLIANCE WITH LOCAL LAWS
WebMaxPlus does not represent or warrant that the content available on this Site or the Services found on this Site are appropriate in every country or jurisdiction, and it is stated that access to this Site or the Services found on this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found on it are responsible for compliance with all local laws, rules and regulations.
22. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATION
READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU DO NOT WISH TO PARTICIPATE IN THE PROVISIONS THAT REQUIRE YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this section apply to all disputes between you and WebMaxPlus, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy which you can review here. For purposes of this section, “Dispute” shall mean any dispute, claim, or action between you and WebMaxPlus arising out of or relating to WebMaxPlus services and products, WebMaxPlus websites, these terms, or any other transaction involving you. to you and , whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis and shall be construed to have the broadest meaning permitted by law. YOU AND WEBMAXPLUS AGREE THAT THE “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR WEBMAXPLUS ISSUES OF (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) ) COPYRIGHT INFRINGEMENT OR MISUSE AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Also, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide whether a claim falls within one of these four exceptions.
(B) Binding Arbitration. In addition, you and WebMaxPlus agree to: (i) arbitrate all disputes between the parties in accordance with the provisions of these Terms; (ii) these Terms commemorate a transaction in interstate commerce; (iii) The Federal Arbitration Act (9 USC Sec.1 et seq.) governs the interpretation and application of this Section; and (iv) this Section will survive the termination of these Terms. ARBITRATION MEANS THAT YOU GIVE UP YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUND FOR APPEAL IS LIMITED. The arbitrator may award you the same damages as a court of proper jurisdiction, as provided in the Limitation of Liability set forth in Section 15 of this Agreement, and may award declaratory or injunctive relief only to the individual party who requests such action as is necessary to provide relief warranted by such party's individual claim. Also, in some cases, the costs of arbitration may exceed the costs of litigation, and the right of discovery may be more limited in arbitration than in court. The arbitrator's decision will be final and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.
(D) Dispute Notice. In the event of a dispute, you or WebMaxPlus must first send the other party a notice of the dispute that includes a written statement indicating the name, address and contact information of the giving party, the facts given the dispute and the action requested (the “Notice of Dispute”). Notice of Dispute for WebMaxPlus should be sent to: WebMaxPlus, 14455 N. Hayden Rd., Scottsdale, AZ 85260, At: Legal Department (the “WebMaxPlus Notice Address”). The Notice of Dispute to you will be sent by certified mail to the most recent address we have on file or in our records. If WebMaxPlus and you do not reach an agreement to resolve the Dispute within sixty (60) days of receipt of the Dispute Notice, you or WebMaxPlus may initiate an arbitration proceeding in accordance with this Section. After sending and receiving the Notice of Dispute, each of us agrees to act in good faith to try to resolve the dispute before initiating arbitration.
(AND) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND WEBMAXPLUS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. NEITHER YOU NOR WEBMAXPLUS WILL SEEK ANY DISPUTE AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY IS ACTING IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING SHALL BE COMBINED WITH ANY OTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL ARBITRATIONS OR PROCEEDINGS AFFECTED.
(F) Arbitration Procedure. If a party decides to initiate arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the AAA Consumer Arbitration Rules (“AAA Rules”) together with the rules set forth in these Terms, except that AAA may not administer a multiple claim or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims. The AAA Rules are in www.adr.org or you can call 1-800-778-7879 If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms and Conditions will govern. You may, in arbitration, pursue any and all remedies that are otherwise available to you under federal, state, or local law, as provided in the Limitation of Liability set forth in Section 15 of this Agreement. All disputes will be resolved by a single neutral arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator will be bound by these Terms. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or related to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim of all or any part of these Terms is null and void. The arbitrator will also have exclusive authority to decide its own jurisdiction, including any objections regarding the existence, scope, or validity of the arbitration agreement or the arbitration of any claims or counterclaims. Despite this broad delegation of authority to the arbitrator, a court may determine the limited issue of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) infringement or wrongful copyright use, or (iv) trademark infringement or dilution, all of which are excluded from the definition of “Disputes” as noted above. The arbitrator has the power to grant any relief available in a court under law or in equity. The arbitrator's decision will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to participate in the arbitration hearings by telephone. Arbitration hearings that are not conducted by telephone will be held at a location reasonably accessible from your principal residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, as appropriate.
(G) Start of the arbitration procedure. If you or WebMaxPlus decide to arbitrate a dispute, we agree to the following procedure:
Yo. Write a Demand for Arbitration. The claim must include a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).
ii. Send a copy of the Demand for Arbitration to the AAA by mail at: American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
iii. Send a copy of the Demand for Arbitration to the other party at the same address as the Notice of Dispute is sent, or as agreed by the parties.
(H) Hearing Format. In all hearing formats, the arbitrator will issue a written decision that explains the essential findings and conclusions on which his or her award, if any, is based. During the arbitration, the amount of any proposed settlement offer by WebMaxPlus or you will not be disclosed to the arbitrator until the arbitrator determines the amount, if any, to which you or WebMaxPlus is entitled. The discovery or sharing of non-privileged information relevant to the dispute is permitted during the arbitration.
(YO) Arbitration Fees and Payments.
Yo. Disputes involving $75,000.00 or less. WebMaxPlus will promptly refund your filing fees and pay the AAA's and arbitrator's fees and expenses. If you reject WebMaxPlus's last written offer made before the arbitrator was appointed ("WebMaxPlus's last written offer"), your dispute goes to an arbitrator's decision (called an "award") and the arbitrator awards you more than WebMaxPlus' last written offer, WebMaxPlus: (i) will pay the greater judgment amount or $1,000.00; (ii) pay twice the reasonable attorney's fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues in investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of the fees, costs and expenses if they are agreed by you and WebMaxPlus.
ii. Disputes involving more than $75,000.00. The AAA's rules will govern the payment of representation fees and the AAA's and arbitrator's fees and expenses.
iii. Disputes involving any amount. In any arbitration it initiates, WebMaxPlus will seek its fees and expenses from the AAA or the arbitrator, or its reimbursement of attorney's fees, only if the arbitrator finds the arbitration frivolous or of improper purpose. In any arbitration initiated by WebMaxPlus, WebMaxPlus will pay all AAA, attorney, and arbitrator fees and expenses. WebMaxPlus will not require you to cover your attorney's fees or expenses in any arbitration. Fees and expenses are not included in determining the amount in dispute.
(J) Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute to which this Section applies must be brought within one year in small claims or in arbitration. The one-year period begins from the time the claim or Notice of Dispute is filed. If not filed within one year, the claim or dispute will be permanently barred.
(k) Period of 30 days to unsubscribe. IF YOU DO NOT WISH TO BE LIMITED BY THE ARBITRATION PROVISION IN THIS DISPUTE SECTION, YOU MUST NOTIFY WEBMAXPLUS BY EMAIL AT LEGALOPTOUT@GODADDY.COM WITHIN 30 DAYS OF THE DATE YOU ACCEPT THESE TERMS (UNLESS APPLICABLE LAW REQUIRES A LONGER PERIOD). In the email, you must provide your (a) first name, (b) last name, (c) address, (d) phone number, and (e) account number(s) and indicate the following: “I wish to withdraw from the arbitration provision contained in the WebMaxPlus Universal Terms of Service Agreement.” By providing your information in the method above, you are opting in to the arbitration agreement contained in the WebMaxPlus Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first agreeing to the Universal Terms of Service. In the event you unsubscribe using the procedure set forth above, all other terms herein will still apply, including those regarding applicable law and the courts in which legal disputes may be brought.
(k) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY WEBMAXPLUS BY E-MAILING LEGALOPTOUT@SECURESERVER.NET WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name, (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in WebMaxPlus's Universal Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in WebMaxPlus's Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Universal Terms of Service. In the event that you opt-out consistent with the procedure set forth above, all other terms shall contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.
(L) Amendments to this section. Notwithstanding anything to the contrary in these Terms, you and WebMaxPlus agree that if WebMaxPlus makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change in WebMaxPlus's address) in these Terms, WebMaxPlus will notify you immediately and you will have thirty (30) days from the date of the notification to unsubscribe from any changes. If you choose not to accept any future amendment, you agree that you will arbitrate any dispute between us in accordance with the language of this Section as stated in these current terms, without any of the proposed amendments in effect. If you do not opt out of any future amendments, you will be deemed to have consented to such future amendments.
(M) Divisibility. If any provision of this Section is found to be unenforceable, that provision shall be severed and the remainder of these Terms shall remain in full force and effect. The foregoing shall not apply to the prohibition of class or representative actions; if the prohibition on class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section will survive the termination of these Terms.
(N) Exclusive place for other controversies. WebMaxPlus and you agree that any controversy excluded from the dispute resolution procedure and the class action waiver provisions in this Section (other than an individual lawsuit brought in small claims court) shall be brought only in the Superior Court of the County of Maricopa, United States District Court for the District of Arizona, and each party hereto irrevocably and unconditionally consents to, and submits to, the exclusive jurisdiction of such courts in any dispute. You also agree to waive the right to trial by jury in any action or proceeding.
23. UNCLAIMED PROPERTY; INACTIVITY CHARGES
Please note that if a customer has an outstanding account balance (a positive credit balance) for three (3) years or more for any reason and (i) WebMaxPlus is unable to issue payment to such customer or (ii) WebMaxPlus issued payment to such customer in the form of a check, but the check was never cashed, then WebMaxPlus must deliver such account balance to the State of Arizona in accordance with state law. You acknowledge and agree that in either (i) or (ii) above, WebMaxPlus may retain a latent charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.
24. SUCCESSORS AND ASSIGNS
This Agreement will be binding on the parties hereto and will inure to the benefit of them and their respective heirs, successors and assigns.
25. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer benefits or rights on any third party.
26. US EXPORT LAWS.
This Site and the Services found therein are subject to the export laws, restrictions, regulations and administrative acts of the Department of Commerce of the United States of America, the Department of the Treasury Office for the Control of Foreign Assets (“OFAC”), the Department of State and other authorities of the United States of America (collectively, the “US Export Laws”). Users shall not use the Services found on this Site to collect, store, or transmit technical information or data controlled by U.S. Export Laws. Users must not export or re-export, or permit the export or re-export of, the Services found on this Site, in violation of any U.S. Export Laws. None of the Services found on this Site may be downloaded or otherwise exported or re-exported (i) to (a native or resident of ) any country with which the United States has a trade embargo, or (ii) to any person on the U.S. Treasury Department's List of Specially Designated Nationals or the Department of Commerce's Excluded Persons List, or on any other excluded parties list, under U.S. Export Laws. By using this Site and the Services found there, you agree to the foregoing , and you represent and warrant that you are not a citizen or resident of, or located in, or under the control of any restricted country, and you are not on any denied party list, and you agree to comply with all U.S. Export Laws. (including “anti-boycott” regulations, “transactions deemed exports” and “transactions deemed re-exports”). If you access this Site or the Services located on it from other countries or jurisdictions, you do so at your own risk and are responsible for compliance with the local laws of such jurisdiction, if such local laws are applicable and do not apply. in conflict with, and to the extent of, US Export Laws. If such laws conflict with US Export Laws, you must not access this Site or the Services located on this Site. Your obligations under this section will survive any termination or expiration of this Agreement or your use of this Site or the Services found on it.
27. TITLES AND HEADINGS; INDEPENDENT AGREEMENTS; DIVISIBILITY
Titles and headings in this Agreement are included for convenience and ease of reference only, and should not be used in any way to understand or interpret the parties' Agreement contrary to what is stated herein. Each covenant and agreement in this Agreement shall be construed for all purposes as a separate and independent covenant or agreement. If any provision (or part of a provision) of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or part thereof) of this Agreement will not apply. will be affected and must be considered as valid and enforceable in accordance with the provisions of the law.
If you have any questions about this Agreement, please contact us by email or regular mail at the following addresses:
WebMaxPlus Legal Department
14455 North Hayden Rd.
Scottsdale, AZ 85260
ADDITIONAL TERMS ONLY FOR GERMAN CUSTOMERS
(A) CHOICE OF LAW FOR BUSINESS CUSTOMERS
Any and all contractual agreements between WebMaxPlus and its business contractual partner (“Employer” within the meaning of Article 14 of the German Civil Code) are exclusively governed by the laws of Arizona, USA, excluding the conflict of law provisions. laws and the United Nations Convention on Contracts for the International Sale of Goods.
(B) NOTICE OF RIGHT TO REVOKE
———- START OF THE LEGAL NOTICE FOR THE RIGHT TO REVOKE———-
CONSUMERS (PURSUANT TO GERMAN CIVIL CODE §13) HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT GIVING A REASON. THE REVOCATION PERIOD IS FOURTEEN DAYS FROM THE DATE OF THE AGREEMENT. TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST INFORM
14455 N. HAYDEN RD., STE. 226
SCOTTSDALE, AZ 85260 USA
BY PROVIDING A CLEAR COMMUNICATION (FOR EXAMPLE, A LETTER SENT BY POST, FAX OR EMAIL) ABOUT YOUR DECISION TO WITHDRAW FROM THIS AGREEMENT. YOU CAN USE THE ATTACHED TEMPLATE, IT IS NOT MANDATORY TO DO SO.
TO COMPLY WITH THE WITHDRAWAL PERIOD, IT IS SUFFICIENT FOR YOU TO SEND THE NOTICE TO EXERCISE THE RIGHT OF REFUSAL BEFORE THE EXPIRATION OF THE WITHDRAWAL PERIOD.
(C) CONSEQUENCES OF CANCELLATION
IF YOU WITHDRAW FROM THIS AGREEMENT, WE WILL REFUND YOU ALL PAYMENTS RECEIVED BY US, INCLUDING SHIPPING COSTS (EXCEPT ANY ADDITIONAL COSTS RESULTING FROM CHOOSING A DIFFERENT SHIPPING METHOD OTHER THAN THE MOST FAVORABLE STANDARD AVAILABLE) WITHIN FOURTEEN DAYS FROM THE DATE ON WHICH NOTIFICATION OF YOUR REVOCATION OF THIS AGREEMENT REACHED US. FOR THIS PAYMENT, WE WILL USE THE SAME METHOD OF PAYMENT YOU USED IN THE ORIGINAL TRANSACTION, UNLESS A DIFFERENT METHOD IS EXPRESSLY ACCEPTED BY YOU. IN NO EVENT WILL YOU BE CHARGED A FEES FOR THIS REFUND.
IF YOU REQUESTED THAT WE BEGIN PROVIDING OUR SERVICES BEFORE THE END OF THE WITHDRAWAL TIME FRAME, WE RESERVE THE RIGHT TO CHARGE A REASONABLE AMOUNT EQUAL TO THE PROPORTION OF SERVICES ALREADY PROVIDED AT THE TIME OF REVOCATION WITH RESPECT TO THIS AGREEMENT AS COMPARED TO THE TOTAL VOLUME OF THE SERVICES RENDERED IN THE CONTRACT.
(E) MODEL TEMPLATE TO EXERCISE YOUR RIGHT TO REVOKE:
(IF YOU WISH TO REVOKE THE AGREEMENT, PLEASE FILL OUT THIS FORM AND RETURN IT).
• To WebMaxPlus, Widerrufsrecht@GODADDY.COM
• HEREBY I/WE ( * ) REVOKE THE AGREEMENT AND TERMINATE ON MY/OUR PART ( * ) REGARDING THE PROVISION OF THE FOLLOWING SERVICE ( * )
• REQUESTED ON ( * ) / RECEIVED ON ( * )
• NAME OF THE CONSUMERS
• ADDRESS OF THE CONSUMER OR CONSUMERS
• SIGNATURE OF THE CONSUMER(S) (ONLY WHEN NOTIFIED ON PAPER)
(*) DELETE IF NOT APPLICABLE
———-END OF LEGAL NOTICE FOR RIGHT TO REVOKE———-
ONLY FOR RESIDENTS OF INDIA
You expressly agree that: (i) WebMaxPlus (or its service provider) may contact you by telephone to resolve your claim or dispute, or your current billing or service problem; and (ii) to resolve such claim, dispute or problem, WebMaxPlus may use or disclose to your service provider the following information: call recordings, customer name, phone number(s) and contact preferences, length of relationship with WebMaxPlus, used products and information about the nature of your claim, dispute or service problem.
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