Networking.app provides a collection of online resources, including classified ads, forums, catalogs, and various email services available on or through “THE COMPANY” (referred to hereafter as “the Service” OR “THE COMPANY” ) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular “THE COMPANY” services, you agree to abide by any applicable posted guidelines for all “THE COMPANY” services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
“THE COMPANY” reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to “THE COMPANY” in its sole discretion. Although “THE COMPANY” attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against “THE COMPANY” for failing to adequately screen potential users or prevent the use of “THE COMPANY” or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of “THE COMPANY” to post content, or if you imply consent that “THE COMPANY” may post content on your behalf, either by written or oral means, or you fail to inform “THE COMPANY” that content should be removed, you are equally responsible for the content. You waive any and all claims against “THE COMPANY” of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on “THE COMPANY” . You understand that “THE COMPANY” does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, “THE COMPANY” and Content available through the Service may contain links to other websites, which are completely independent of “THE COMPANY” . “THE COMPANY” makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will “THE COMPANY” be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that “THE COMPANY” does not pre-screen or approve Content, but that “THE COMPANY” shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
“THE COMPANY” and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of “THE COMPANY” , including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for “THE COMPANY” to verify information provided by the seller of any item.
You agree that “THE COMPANY” shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that “THE COMPANY” is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release “THE COMPANY” , its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to “THE COMPANY” s agent for notice of claims of copyright or other intellectual property infringement:
by email by using the contact form.
Please include the following with your Notice to our Abuse Agent:
The identity of the material on “THE COMPANY” that you claim is infringing, in sufficient detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your address, telephone number, and email address;
A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
Your physical or electronic signature.
“THE COMPANY” may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by “THE COMPANY” ’s Privacy Policy.
You agree not to post, email, or otherwise make available Content:
Additionally, you agree not to:
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on “THE COMPANY” ’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from “THE COMPANY” . Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from “THE COMPANY” .
You understand and agree that sending unsolicited email advertisements to “THE COMPANY” email addresses or through “THE COMPANY” computer systems is expressly prohibited by these TOU. Any unauthorized use of “THE COMPANY” computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
You acknowledge that “THE COMPANY” may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that “THE COMPANY” has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that “THE COMPANY” reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that “THE COMPANY” shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
“THE COMPANY” grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by “THE COMPANY” . A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
“THE COMPANY” does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by “THE COMPANY” to do so. You may create a hyperlink to the home page of “THE COMPANY” , so long as the link does not portray “THE COMPANY” , its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
“THE COMPANY” may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. “THE COMPANY” permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “THE COMPANY” as the source, (d) your use or display does not suggest that “THE COMPANY” promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden “THE COMPANY” ’s systems. “THE COMPANY” reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by “THE COMPANY” immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from “THE COMPANY” that has been signed by one of “THE COMPANY” ’s authorized representatives.
You agree that “THE COMPANY” , in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if “THE COMPANY” believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that “THE COMPANY” shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of “THE COMPANY” . You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of “THE COMPANY” , and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. “THE COMPANY” , as well as certain other of the names, logos, and materials displayed on “THE COMPANY” , constitute trademarks, trade names, service marks or logos (“Marks”) of “THE COMPANY” or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with “THE COMPANY” or those other entities.
Although “THE COMPANY” does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to “THE COMPANY” an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant “THE COMPANY” all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
YOU AGREE THAT USE OF “THE COMPANY” AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. “THE COMPANY” AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, “THE COMPANY” DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF “THE COMPANY” AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, “THE COMPANY” DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON “THE COMPANY” OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON “THE COMPANY” OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, “THE COMPANY” DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH “THE COMPANY” OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “THE COMPANY” , “THE COMPANY” OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL %”THE COMPANY” BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF “THE COMPANY” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF “THE COMPANY” OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF “THE COMPANY” OR THE SERVICE, FROM INABILITY TO USE “THE COMPANY” OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF “THE COMPANY” OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH “THE COMPANY” OR THE SERVICE OR ANY LINKS ON “THE COMPANY” OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH “THE COMPANY” OR THE SERVICE OR ANY LINKS ON “THE COMPANY” . THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold “THE COMPANY” , its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and “THE COMPANY” and governs your use of the Service, superseding any prior agreement between you and “THE COMPANY” . The failure of “THE COMPANY” to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOU by sending an email to: info@laserfinds.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for “THE COMPANY” to pursue legal action to enforce the TOU, you will be liable to pay “THE COMPANY” the following amounts as liquidated damages, which you accept as reasonable estimates of “THE COMPANY” ’s damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay “THE COMPANY” one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If “THE COMPANY” establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay “THE COMPANY” one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access “THE COMPANY” in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to “THE COMPANY” email addresses or through “THE COMPANY” computer systems, you agree to pay “THE COMPANY” twenty five dollars ($25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay “THE COMPANY” one hundred dollars ($100) for each item of Content posted. In its sole discretion, “THE COMPANY” may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay “THE COMPANY” one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay “THE COMPANY” an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without “THE COMPANY” ’s express written permission, you agree to pay “THE COMPANY” three thousand dollars ($3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, “THE COMPANY” retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
We welcome your questions and comments. Please use the contact form.
“THE COMPANY” offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.
As a condition to your use of the Programs and as material inducement on the part of “THE COMPANY” and its Affiliates to offer the Programs, you expressly acknowledge and agree that:
Use of the Programs are at your sole risk. “THE COMPANY” and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
– In no event will “THE COMPANY” ’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.
– “THE COMPANY” and its Affiliates do not provide, nor will they provide, any service to or for you, nor is “THE COMPANY” and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.
– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
For Professionals:
a) the Programs
b) the Consumers
c) the agreement between you and the Consumer.
“THE COMPANY” , its Officers, Directors, Members and Employees, as well as oxygen marketplace Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
a) your use of the Programs
b) the engagement of you by any Consumer
c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like
d) any other matter relating to the Programs.
– In no event will “THE COMPANY” ’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.
– “THE COMPANY” and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
– If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
Questions about our services programs may be directed to: info@laserfinds.com
“THE COMPANY” , its Officers, Directors, Members and Employees, as well as “THE COMPANY” Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
Legal Disclaimer: By logging in to your “THE COMPANY” account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1) Parties: This “Agreement” between “I” or “me” or the “Company” and “THE COMPANY” . (“THE COMPANY” together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to “THE COMPANY” the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on “THE COMPANY” and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website “THE COMPANY” at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but “THE COMPANY” retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for “THE COMPANY” to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my “THE COMPANY” account with any updates to the Content necessary to keep such Content accurate and representative of my products. “THE COMPANY” and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
3) Fees:
(a) Membership: Price as stated on “THE COMPANY” at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.
4) Length of Contract: This Agreement is valid up to and until I cancel my account.
5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, “THE COMPANY” may attempt to contact me to determine updated account information. “THE COMPANY” will wait thirty (30) days before canceling my membership.
6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. “THE COMPANY” may terminate this agreement at will. In the event “THE COMPANY” terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.
End Agreement.
Networking.app aka “THE COMPANY” respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of “THE COMPANY” (and all websites and URL’s controlled or operated by “THE COMPANY” which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you:
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, and telephone number, and in addition, for Professionals, your credit card number and other personally identifiable information. We also may request information about your interests and activities, your gender and age, and other demographic information
Information from other sources. We may also periodically obtain both personal and non-personal information about you from other business partners, contractors and other third parties. Examples of information that we may receive include (but are not limited to): updated delivery and address information, purchase history, and additional demographic information.
Information about others. We may also collect and store personal information about other people that you provide to us. If you use our website to send others (friends, relatives, colleagues, etc.) information that may interest them through our system, we may store your personal information, and the personal information of each such recipient
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see “Cookies” below), and the referring website address.
Cookies. When you visit our website, we may assign your computer one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional [or other] e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
Information collected by third-parties. We may allow third-parties, including (but not limited to) our authorized service providers, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
How we use the information we collect
In general. We may use information that we collect about you to:
deliver the products and services that you have requested;
manage your account and provide you with customer support;
perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us or other third parties;
communicate with you with regard to partially completed service requests;
develop and display content and advertising tailored to your interests on our site and other sites;
verify your eligibility and deliver prizes in connection with contests and sweepstakes;
perform background screening, which may include the use of third parties, on Service Professionals
enforce our terms and conditions;
manage our business and
perform functions as otherwise described to you at the time of collection.
Financial information. For Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Professionals to participate in our directory service, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
Job applicants. If your personal information is submitted through our website when applying for a position with our company, the information will be used solely in connection with considering and acting upon your application. We may retain your personal information for a period of time, but only for the purpose of considering your application for current or future available positions. This information may be shared with our other companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Professionals. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant.
Professionals. We match your information and service request against our list of Professionals. When you submit a match request through our website, you consent to our providing your personal information and request to the Professionals we match with your request. Sharing this information with Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Professionals to supplement our network, and we share your information with them, subject to contractual confidentiality restrictions, in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, “THE COMPANY” may share your service request activity information with such partner. We may also release information to collection and/or credit agencies for past due Professional accounts.
Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to have us share your postal mailing information with these selected providers, you can notify us at any time by emailing us.
Other Situations. We also may disclose your information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising. For Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Third-party websites
There are a number of places on our website where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement or a search result on our website, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting “THE COMPANY” After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.
Your choices about collection and use of your information
You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our website because such information may be required in order for you to register as a member of our directory service; to use our services; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our website.
At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by using the contact form provided.
How we protect your personal information
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. We use firewalls to help prevent unauthorized persons from gaining access to your personal information.
We want you to feel confident using our website to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Please refer to the Federal Trade Commission’s website at
http://www.ftc.gov/bcp/menus/consumer/data.shtm
for information about how to protect yourself against identity theft.
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms & Conditions. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children’s privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please use the contact form to email us.
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
When denial of access is required by law
When granting you access would have an unreasonable impact on other people’s privacy;
To protect our Company’s rights and property; or
Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
“THE COMPANY” , All rights reserved.
We may provide this information in a standardized format that is not specific to you. Use the contact form for these requests.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
We may allow third-parties, including advertising companies and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect from you. The collection and use of that information is subject to the third-party’s privacy policy. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Application / APP Privacy Policy & Terms of Use
If you’re accessing “THE COMPANY” from a mobile device using an “THE COMPANY” Mobile Application (the “Application”), the following terms and conditions (“Terms of Use” & “Privacy Policy) apply to you in addition to the User Agreement. Your use of the Application confirms your agreement to these Terms of Use
Application Use. “THE COMPANY” grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party agreements (e.g. your wireless data service agreement) when using the Application, which may not contain the same functionality available on “THE COMPANY” websites.
Intellectual Property. “THE COMPANY” owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter “THE COMPANY” copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any “THE COMPANY” Application.
Prohibited Countries Policy and Foreign Trade Regulation. Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using an Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties).
FEES AND PAYMENT PROCESSING
GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS:
CANCELLATION:
Networking.app “THE COMPANY” (referred to hereafter as “the Service” OR “THE COMPANY”)
With the introduction of the Data Protection Act 2018 and the UK General Data Protection Regulations (UK GDPR) to provide protection to individuals for their personal information to ensure it is held and processed lawfully.
“THE COMPANY” respects and is committed to protecting the privacy of all its clients. As a direct result of the GDPR, Server2X, its associates and staff members will NO longer have administrative access to your websites.
.
Networking.app “THE COMPANY” (referred to hereafter as “the Service” OR “THE COMPANY”)
This Acceptable Use Policy also known as the “AUP” governs the use of “THE COMPANY” services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and “THE COMPANY” regarding the interpretation of this AUP, “THE COMPANY” interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, email us using our contact page.
You may not publish or transmit via “THE COMPANY” service any content that “THE COMPANY” reasonably believes: constitutes child pornography; is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; is defamatory or violates a person’s privacy, creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; improperly exposes trade secrets or other confidential or proprietary information of another person; is intended to assist others in defeating technical copyright protections; clearly infringes on another person’s trade or service mark, patent, or other property right; promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to “THE COMPANY”; or is otherwise malicious, fraudulent, or may result in retaliation against Vinters by offended viewers. Content “published or transmitted” via Vinters service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by “THE COMPANY”.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically. Bulk Commercial E-Mail; you must obtain “THE COMPANY” advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to “THE COMPANY” reasonable satisfaction: Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure; Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given; You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and “THE COMPANY” requests to produce consent evidence within 72 hours of receipt of the request. You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours; You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; You otherwise comply with the CAN SPAM Act and other applicable law. These policies apply to messages sent using “THE COMPANY” service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via “THE COMPANY” service.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using “THE COMPANY” services.
Material Protected by Copyright; you may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless: you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner. “THE COMPANY” will terminate the service of repeat copyright infringers.
You may not engage in illegal, abusive, or irresponsible behavior, including:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to “THE COMPANY” and its customers) without express authorization of the owner of the system or network; monitoring data or traffic on any network or system without the authorization of the owner of the system or network; Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; Any conduct that is likely to result in retaliation against “THE COMPANY” network. Use of “THE COMPANY” network in a way that unreasonably interferes with “THE COMPANY” other customers use of the network.
“THE COMPANY” is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of “THE COMPANY” network. Inquiries regarding this policy should email “THE COMPANY” on our contact page.
Networking.app “THE COMPANY” (referred to hereafter as “the Service” OR “THE COMPANY” ) will process data in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulations (UK GDPR) to provide protection to individuals for their personal information to ensure it is held and processed lawfully.
Personal data is defined as any information relating to an identified or identifiable natural person (a natural person who can be identified directly or indirectly). The data applies to both automated data and manual filing systems.
“THE COMPANY” respects and is committed to protecting the privacy of all its clients. We can be contacted on our contact us page, if you disagree or are unhappy with the way we handle your personal data and we are unable to resolve your issue, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO).
We will apply the following principles when collecting data:
The personal data that “THE COMPANY” holds for its clients is: Name, address, telephone number, email address, IP address and bank or credit card details. This information is needed to enable employees of “THE COMPANY” to provide a service to its clients and make charges for these services.
Lawful basis for processing data will be to fulfill our contractual obligation to our clients.
Where we use a third party to process payment information on our behalf, we will only pass the information that is necessary for this purpose. The information will be transferred, processed and stored in a secure way and we will only use companies that are regulated by the Financial Conduct Authority.
Where a third party is used for licensing purposes, we will only pass information that is necessary for this purpose (usually first name and second name). The information will be transferred, processed and stored in a secure way and we will ensure the supplier has the appropriate security measures in place.
“THE COMPANY” will only use the data for the purpose for which it has been provided, i.e., the contract of service – if “THE COMPANY” wish to use the data in any other way, we will seek consent from you and this consent may be withdrawn by you at any time.
In accordance with the GDPR regulations, clients are able to have access to all their own personal data. This request must be put in writing, and we will respond to requests within one month in the majority of cases. The client can request that any inaccurate personal data is corrected, and that incomplete data is completed.
“THE COMPANY” will ensure that data is kept in accordance with its data retention policy which can be made available on request. Once the retention period has expired, “THE COMPANY” will only retain information if there is a compelling reason to do so, otherwise the data will be erased.
In accordance with GDPR, we will notify the ICO without undue delay but in any event within 72 hours of becoming aware of the breach, where a breach is likely to result in risk to an individual’s rights and freedoms. We will contact you in the case of a data breach – which is defined as a security incident that has affected confidentiality, integrity or availability of personal data.
Our website uses cookies to ensure users receive the best user experience. Cookies are text files containing small amounts of information which are downloaded onto your computer or device when you visit our website.
We use the following cookies:
We do not use any marketing cookies or capture any personal information such as email addresses without consent or share information with any third party without reason or consent.
Networking.app “THE COMPANY” (referred to hereafter as “the Service” OR “THE COMPANY”) First and foremost, we DO NOT sell your personal information. However, when you visit or interact with our sites, services, applications, tools or messaging, we or our authorized service providers may use cookies, web beacons, and other similar technologies to make your experience better, faster and safer, for advertising purposes and to allow us to continuously improve our sites, services, applications and tools. Any personal information or data collected by these technologies is used only by us or by our authorized service providers on our behalf.
What are cookies, web beacons and similar technologies
These technologies are essentially small data files placed on your computer, tablet, mobile phone or other device (“collectively, a “device”) that allows us to record information when you visit or interact with our websites, service, applications, messaging, and other tools. Though often these technologies are generically referred to as “Cookies,” each function slightly differently, and is better explained below:
Cookies: Cookies are small (often encrypted) text files placed in the memory of your browser or device when you visit a website or view a message. Cookies allow a website to recognize a particular device or browser. There are several types of cookies:
Session cookies expire at the end of your browser session and allow us to link your actions during that particular browser session.
Persistent cookies are stored on your device in between browser sessions, allowing us to remember your preferences or actions across multiple sites.
First-party cookies are those set by a website that is being visited by the user at the time in order to preserve your settings (e.g., while on our site).
Third-party cookies are placed in your browser by a website, or domain, that is not the website or domain that you are currently visiting. If a user visits a website and another entity sets a cookie through that website this would be a third-party cookie.
Cookies are used for a variety of purposes on our website. As an example, we use cookies to store information that allows us to present our site in your local language, or prices in local currency. We also use cookies to communicate data to our servers when you visit, allowing you to stay logged in to your account during your visit or maintain the site preferences you select. Preventing your browser from accepting 1st party cookies will prevent the placement of some cookies that are classified as “Essential”.
Web beacons: A web beacon (also called “tracking pixels” or “image tags”) is a small file (most often a transparent, 1×1 GIF file) that is loaded on our web pages. These pixels may work in concert with cookies to collect information about your visit, your web browser/device, browsing activity, or onsite behavior and provide that information to service providers. Pixels are most commonly used to collect anonymous traffic metrics (page visits, button clicks, order completion) used to analyze site performance.
Scripts: A script is a small piece of website code placed on our websites to power customer service tools like live chat, allow for the delivery of video tutorials in our help section, and allow us to provide interactive experiences to visitors. They are also used to collect data that we use for website analytics, or to provide data on the effectiveness of our advertising.
Similar technologies: Technologies that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies, HTML 5 cookies, and other web application software methods. These technologies can operate across all of your browsers. In some instances, these technologies may not be fully managed by your browser and may require management directly through your installed applications or device. We do not use these technologies for storing information to target advertising to you on or off our sites.
What technologies do we use and why:
Our cookies, web beacons and similar technologies serve various purposes, but generally they (1) are necessary or essential to the functioning of our sites, services, applications, tools or messaging, (2) help us improve the performance of or provide you extra functionality of the same, (3) help us to serve relevant and targeted advertisements, or (4) allow us to offer support tools that you utilize to interact with our care guides:
Strictly Necessary or Essential: “Strictly necessary” or “essential” cookies, web beacons and similar technologies let you move around the website and use essential features like secure areas and shopping baskets. Without these technologies, services you have asked for cannot be provided. Please note that these technologies do not gather any information about you that could be used for marketing or remembering where you’ve been on the internet. Accepting these technologies is a condition of using our sites, services, applications, tools or messaging, so if you utilize tools that might prevent these from loading, we can’t guarantee your use or how the security therein will perform during your visit.
Performance: Performance technologies may include first or third-party cookies, web beacons/pixels, and scripts placed in order to gather information about how you use our website (pages you visit, if you experience any errors, load times). These cookies do not collect any information that could identify you and are only used to help us improve how our website works, understand the interests of our users, and measure how effective our content is by providing anonymous statistics and data regarding how our website is used.
Advertising: Advertising technology may include first or third-party cookies, web beacons/pixels, and scripts placed in order to gather information on the effectiveness of our marketing efforts, deliver personalized content, or to generate data that allows for the delivery of advertising relevant to your specific interests on our sites, as well as third-party websites. We also utilize 3rd party service providers to assist us in delivering on the same functions, which means that our authorized service providers may also place cookies, web beacons and similar technologies on your device via our services (first- and third-party cookies). They may also collect information that helps them identify your device, such as IP address, or other unique or device identifiers.
Support: Support technologies may include first or third-party cookies, web beacons / pixels, and scripts placed in order to provide tools for you to interact with our customer support teams. This technology allows us to provide chat services, gather customer feedback, and other tools used to support our visitors. Data collected for these purposes is never used for marketing or advertising purposes.
How to manage, control and delete these technologies
You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) it may limit your use of certain features or functions on our website or service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our site. Please note, as further described in our Privacy Policy, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.
Internet browsers allow you to change your cookie settings. These settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise, you should use the ‘Help’ option in your internet browser for more details.
If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings.
More information about cookies
Useful information about cookies, including information about deleting or blocking cookies, can be found at: https://www.allaboutcookies.org
A guide to behavioral advertising and online privacy has been produced by the internet advertising industry which can be found at: https://www.youronlinechoices.com
The UK Information Commissioner’s Office (ICO) cookie guide can be found on the ICO website: https://ico.org.uk/your-data-matters/online/cookies/
Contact Us
We hope the information in this policy provides you with clear information about the technologies we use and the purposes for which we use them, but it you have any additional questions, or require any additional information, please review our Privacy Policy, send us an email on our contact page.
Respecting Intellectual Property
Networking.app “THE COMPANY” (referred to hereafter as “the Service” OR “THE COMPANY” ) supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Tidal Branding Domains is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute about a registered domain name. Any dispute regarding the registration of domain names will need to be sent either to the registrant, to an ICANN-approved arbitration provider, or the court system.
This Trademark/Copyright Infringement policy specifically excludes domain name disputes and has been established to allow reporting of possible violations involving other products and services.
Copyright and Trademark Claims
To notify “THE COMPANY” that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
A. Trademark Claims
B. Copyright Claims
To be considered effective, a notification of a claimed copyright infringement must be provided to “THE COMPANY” and must include the following information:
C. Counter Notification Policy
D. Repeat Infringers
It is “THE COMPANY” policy to provide for the termination, in appropriate circumstances, of “THE COMPANY” customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
Networking.app “THE COMPANY” (referred to hereafter as “the Service” OR “THE COMPANY” ) Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on “THE COMPANY” or one of its affiliates.
If you seek the identity or account information of a customer in connection with a civil or criminal legal matter, you must contact “THE COMPANY” using the contact page provided with a valid subpoena.
Policies Regarding E-mail
“THE COMPANY” will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. “THE COMPANY” e-mail servers do not retain deleted or sent e-mail.
“THE COMPANY” reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the “THE COMPANY” e-mail address is related to the pending litigation and the underlying subpoena.
Notice to Customer and Response Time
Upon the receipt of a valid civil subpoena, “THE COMPANY” will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, “THE COMPANY” will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. “THE COMPANY” reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with “THE COMPANY”.
Fees for Subpoena Compliance
“THE COMPANY” will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the “THE COMPANY” invoice.
“THE COMPANY” subpoena compliance costs are as follows:
Treatment of Confidential Information
Documents and information produced by “THE COMPANY” in response to a subpoena may contain confidential, proprietary, trade secret, and/or private information that warrants special protection from public disclosure. Any such documents will be designated “CONFIDENTIAL” by a stamp affixed to the documents at issue and must be given confidential treatment by all persons and entities that access them. Confidential treatment includes the following:
First, access to CONFIDENTIAL documents must be limited to the parties in the underlying action pursuant to which the subpoena was served, their agents, and the court and its personnel. Documents designated as CONFIDENTIAL may be used during the deposition of a witness in the underlying action to whom disclosure is reasonably necessary, provided that any deposition testimony related to CONFIDENTIAL documents or portions thereof is designated “CONFIDENTIAL” and afforded treatment in the manner required by this provision.
Second, CONFIDENTIAL documents must not be filed in the public record absent a reasonable attempt to ensure the filing of such documents, and any references thereto, under seal. A party that seeks to file any motion, brief, or other document that attaches or refers to any CONFIDENTIAL document or portion thereof must take the steps necessary to request a court order sealing the CONFIDENTIAL information at issue. If the court denies a motion to seal made pursuant to this Subpoena Policy, the party may file the document(s) at issue normally, unless otherwise instructed by the court.
Third, CONFIDENTIAL documents produced in response to a subpoena may not be used for any purpose other than prosecuting or defending the action in which the subpoena is served and must be destroyed within sixty (60) days after the final disposition of the underlying action. The person or entity that submits the subpoena is responsible for ensuring that each person or entity to whom any CONFIDENTIAL documents were made available complies with this requirement.
This Data Processing Addendum (the “Addendum”) is executed by and between Networking.app “THE COMPANY” (referred to hereafter as “the Service” OR “THE COMPANY” ) and its Affiliates (“THE COMPANY”) and you (“Customer”) and is annexed to and supplements our Universal Terms of Service, Privacy Policy and any and all agreements governing Covered Services (collectively, the “Terms of Service”). Unless otherwise defined this Addendum, all capitalized terms not defined in this Addendum will have the meanings given to them in the Terms of Service.
1. Definitions
“Affiliates” means any entity which is controlled by controls or is in common control with “THE COMPANY”.
“CCPA” means the California Consumer Privacy Act, Cal. Civ. Code 1798.100 et seq., including any amendments and any implementing regulations thereto that become effective on or after the effective date of this Data Processing Addendum.
“Covered Services” means hosted services that could involve our Processing of Personal Data and are subject to the terms and conditions of the following Agreements: (1) Email Marketing Services, (2) Hosting, (3) Online Store/Quick Shopping Cart, (4) Website Services, (5) Workspace Service.
“Customer Data” means the Personal Data of any Data Subject Processed by “THE COMPANY” within the “THE COMPANY” Network on behalf of Customer pursuant to or in connection with the Terms of Service.
“Data Controller” means the Customer, as the entity which determines the purposes and means of the Processing of Personal Data.
“Data Processor” means “THE COMPANY”, as the entity which Processes Personal Data on behalf of the Data Controller, or the services provider as such term is defined by CCPA
“Data Protection Laws” means all data protection or privacy laws and regulations applicable to the Processing of Personal Data under the Agreement, including the (i) the Australian Privacy Principles and the Australian Privacy Act (1988), (ii) Brazil’s Lei Geral de Proteção de Dados (LGPD), (iii) the California Consumer Privacy Act (CCPA), (iv) Canada’s Federal Personal Information Protection and Electronic Documents Act (PIPEDA), (v) the European Union’s General Data Protection Regulation (GDPR), (vi) any national data protection laws made under or pursuant to the GDPR (vii) the EU e-Privacy Directive (Directive 2002/58/EC), (viii) Singapore’s Personal Data Protection Act 2012 (PDPA), (ix) the Swiss Federal Data Protection Act of 19 June 1992 and its Ordinance, (x) UK GDPR or Data Protection Act 2018; in each case as may be amended, superseded or replaced.
“Data Subject” means the individual to whom Personal Data relates.
“EEA” means the European Economic Area.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“THE COMPANY Network” means “THE COMPANY” data center facilities, servers, networking equipment, and host software systems (e.g., virtual firewalls) that are within “THE COMPANY” control and are used to provide the Covered Services.
“Personal Data” means any information relating to an identified or identifiable person or household as defined under Data Protection Laws.
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Process”, “processes” and “processed” will be interpreted accordingly. Detail of Processing are set forth in Appendix 1.
“Security Incident” either (a) a breach of security of “THE COMPANY” Security Standards leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any Customer Data; or (b) any unauthorized access to “THE COMPANY” equipment or facilities, where in either case such access results in destruction, loss, unauthorized disclosure, or alteration of Customer Data.
“Security Standards” means the security standards attached to this Addendum as Appendix 2.
“Sensitive Data” means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), financial information, banking account numbers or passwords; (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords, mother’s maiden name, or date of birth; (f) criminal history; or (g) any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law or regulation relating to privacy and data protection.
“Standard Contractual Clauses” or “SCCs” means the standard data protection clauses for the transfer of personal data from a controller to a processor established in third countries which do not ensure an adequate level of data protection, as described in Article 46 of the GDPR and approved by the European Commission decision 2021/914 of 4 June 2021. Module Two (Controller to Processor) Standard Contractual Clauses are in Appendix 4.
“Sub-processor” means any Data Processor engaged by Processor to Process data on behalf of Data Controller.
“UK Standard Contractual Clauses” means the standard data protection clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection, as described in Article 46 of the UK GDPR and approved by the European Commission decision 2010/87/EU. The UK Standard Contractual Clauses are in Appendix 4.
2. Data Processing
2.1 Scope and Roles. This Addendum applies when Customer Data is processed by “THE COMPANY” where “THE COMPANY” acts as the Data Processor on behalf of the Customer as the Data Controller with respect to Customer Data.
2.2 Details of Data Processing. The subject matter of processing of Customer Data by “THE COMPANY” is the performance of the Covered Services pursuant to the Terms of Service. “THE COMPANY” shall only Process Customer Data on behalf of and in accordance with Customer’s documented instructions for the following purposes: (i) Processing in accordance with the Terms of Service; (ii) Processing initiated by end users in their use of the Covered Services; (iii) Processing to comply with other documented, reasonable instructions provided by Customers (ex. via email) where such instructions are consistent with the Terms of Service. “THE COMPANY” shall not: (a) Process, retain, use, sell, or disclose Customer Data except as necessary to provide Covered Services pursuant to the Terms of Service, or as required by law; (b) sell such Customer Data to any third party; (c) retain, use, or disclose such Customer Data outside of the direct business relationship between “THE COMPANY” and Customer.
For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with all applicable data privacy laws. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data. “THE COMPANY” shall not be required to comply with or observe Customer’s instructions if such instructions would violate Data Protection Laws. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this Addendum are further specified in Appendix 1 (‘Details of the Processing’) to this Addendum.
3. Confidentiality of Customer Data
“THE COMPANY” will not disclose Customer Data to any government or any other third party, except as necessary to comply with the law or a valid and binding order of a law enforcement agency (such as a subpoena or court order). In the event “THE COMPANY” receives a valid civil subpoena, and to the extent permitted, “THE COMPANY” will endeavor to provide Customer with reasonable notice of the demand via email or postal mail to allow Customer to seek a protective order or other appropriate remedy.
4. Security
4.1 “THE COMPANY” has implemented and will maintain the technical and organizational measures for “THE COMPANY” Network as described herein this Section and as further described in Appendix 2 to this Addendum, Security Standards. In particular, “THE COMPANY” has implemented and will maintain the following technical and organizational measures that address the (i) security of “THE COMPANY” Network; (ii) physical security of the facilities; (iii) controls around employee and contractor access to (i) and/or (ii); and (iv) processes for testing, assessing and evaluating the effectiveness of technical and organizational measures implemented by “THE COMPANY”. In the event that we are not able to meet any of its obligations set forth herein, we will provide written notice (via our website and email) as soon as practically feasible.
4.2 “THE COMPANY” makes available a number of security features and functionalities that Customer may elect to use in relation to the Covered Services. Customer is responsible for (a) properly configuring the Covered Services, (b) using the controls available in connection with the Covered Services (including the security controls) to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, (c) using the controls available in connection with the Covered Services (including the security controls) to allow the Customer to restore the availability and access to Customer Data in a timely manner in the event of a physical or technical incident (e.g. backups and routine archiving of Customer Data), and (d) taking such steps as Customer considers adequate to maintain appropriate security, protection, and deletion of Customer Data, which includes use of encryption technology to protect Customer Data from unauthorized access and measures to control access rights to Customer Data.
5. Data Subject Rights
Taking into account the nature of the Covered Services, “THE COMPANY” offers Customer certain controls as described in the “Security” section of this Addendum that Customer may elect to use to retrieve, correct, delete or restrict use and sharing of Customer Data as described in the Covered Services. Customer may use these controls as technical and organizational measures to assist it in connection with its obligations under applicable privacy laws, including its obligations relating to responding to requests from Data Subjects. As commercially reasonable, and to the extent lawfully required or permitted, “THE COMPANY” shall promptly notify Customer if “THE COMPANY” directly receives a request from a Data Subject to exercise such rights under any applicable data privacy laws (“Data Subject Request”). In addition, where Customer’s use of the Covered Services limits its ability to address a Data Subject Request, “THE COMPANY” may, where legally permitted and appropriate and upon Customer’s specific request, provide commercially reasonable assistance in addressing the request, at Customer’s cost (if any).
6. Sub-Processing
6.1 Authorized Sub-processors. Customer agrees that“THE COMPANY” may use Sub-processors to fulfil its contractual obligations under its Terms of Service and this Addendum or to provide certain services on its behalf, such as providing support services. Customer hereby consents to “THE COMPANY” use of Sub-processors as described in this Section. Except as set forth in this Section or as otherwise explicitly authorized by you, “THE COMPANY” will not permit any other sub-processing activities.
6.2 Sub-processor Obligations. Where “THE COMPANY” uses any authorized Sub-processor as described in Section 6.1:
(i) “THE COMPANY” will restrict the Sub-processor’s access to Customer Data only to what is necessary to maintain the Covered Services or to provide the Covered Services to Customer and any end users in accordance with the Covered Services. “THE COMPANY” will prohibit the Sub-processor from accessing Customer Data for any other purpose.
(ii) “THE COMPANY” will enter into a written agreement with the Sub-processor and, to the extent that the Sub-processor is performing the same data processing services that are being provided by “THE COMPANY” under this Addendum, “THE COMPANY” will impose on the Sub-processor the same contractual obligations that “THE COMPANY” has under this Addendum; and
(iii) “THE COMPANY” will remain responsible for its compliance with the obligations of this Addendum and for any acts or omissions of the Sub-processor that cause “THE COMPANY” to breach any of “THE COMPANY” obligations under this Addendum.
6.3 New Sub-processors. From time to time, we may engage new Sub-processors under and subject to the terms of this Addendum. In such case, we will provide 30 days advance notice (via our website and email) prior to any new Sub-processor obtaining any Customer Data. If you Customer does not approve of a new Sub-processor, then Customer may terminate any Covered Services without penalty by providing, within 10 days or receipt of notice from us, written notice of termination that includes an explanation of the reasons for your non-approval. If the Covered Services are part of a bundle or bundled purchase, then any termination will apply to its entirety.
7. Security Incident
7.1 Security Incident. If “THE COMPANY” becomes aware of a Security Incident, “THE COMPANY” will without undue delay: (a) notify Customer of the Security Incident; and (b) take reasonable steps to mitigate the effects and to minimize any damage resulting from the Security Incident.
7.2 “THE COMPANY” Assistance. To assist Customer in relation to any personal data breach notifications Customer is required to make under any applicable privacy laws, “THE COMPANY” will include in the notification such information about the Security Incident as “THE COMPANY” is reasonably able to disclose to Customer, taking into account the nature of the Covered Services, the information available to “THE COMPANY”, and any restrictions on disclosing the information, such as confidentiality.
7.3 Failed Security Incidents. Customer agrees that:
(i) A failed Security Incident will not be subject to the terms of this Addendum. A failed Security Incident is one that results in no unauthorized access to Customer Data or to any of “THE COMPANY” Network, equipment, or facilities storing Customer Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond headers) or similar incidents; and
(ii) “THE COMPANY” obligation to report or respond to a Security Incident under this Section is not and will not be construed as an acknowledgement by “THE COMPANY” of any fault or liability of “THE COMPANY” with respect to the Security Incident.
7.4 Notification. Notification of Security Incidents, if any, will be delivered to one or more of Customer’s administrators by any means “THE COMPANY” selects, including via email. It is Customer’s sole responsibility to ensure Customer’s administrators maintain accurate contact information on the “THE COMPANY” management console and secure transmission at all times.
8. Customer Rights
8.1 Independent Determination. Customer is responsible for reviewing the information made available by “THE COMPANY” relating to data security and its Security Standards and making an independent determination as to whether the Covered Services meets Customer’s requirements and legal obligations as well as Customer’s obligations under this Addendum. The information made available is intended to assist Customer in complying with Customer’s obligations under applicable privacy laws, including the GDPR, in respect of data protection impact assessments and prior consultation.
8.2 Customer Audit Rights. Customer has the right to confirm “THE COMPANY” compliance with this Addendum as applicable to the Covered Services by making a specific request in writing, at reasonable intervals, to the address set forth in the Terms of Service. If “THE COMPANY” declines to follow any instruction requested by Customer regarding a properly requested and scoped audit or inspection, Customer is entitled to terminate this Addendum and the Terms of Service.
9. Transfers of Customer Data
9.1 U.S. Based Processing. Except where specifically noted in the Terms of Service, Customer Data will be transferred outside the United Kingdom or the EEA and processed in the United States.
9.2 Application of Standard Contractual Clauses. The Standard Contractual Clauses will apply to Customer Data that is transferred outside the EEA, either directly or via onward transfer, to any country not recognized by the European Commission as providing an adequate level of protection for Customer Data. The Standard Contractual Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the EEA. Notwithstanding the foregoing, the Standard Contractual Clauses will not apply where the data is transferred in accordance with a recognized compliance standard for the lawful transfer of Personal Data outside the EEA, such as when necessary for the performance of Covered Services pursuant to the Terms of Service or with your consent.
9.3 Application of UK Standard Contractual Clauses. The UK Standard Contractual Clauses will apply to Customer Data transferred via Covered Services from the United Kingdom, either directly or via onward transfer, to any country not recognized by the competent United Kingdom regulatory authority or governmental body as providing an adequate level of protection for Customer Data. The UK Standard Contractual Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the United Kingdom. Notwithstanding the foregoing, the UK Standard Contractual Clauses will not apply where the data is transferred in accordance with a recognized compliance standard for the lawful transfer of Customer Data outside the United Kingdom, such as when necessary for the performance of Covered Services pursuant to the Terms of Service or with your consent.
10. Termination of the Addendum
This Addendum will continue in force until the termination of our processing in accordance with the Terms of Service (the “Termination Date”).
11. Return or Deletion of Customer Data
As described in the Covered Services, the Customer may be provided controls that may use to retrieve or delete Customer Data. Deletion of Customer Data will take place thirty (30) days following Termination Date, subject to the terms of the particular Covered Services.
12. Limitations of Liability
The liability of each party under this Addendum will be subject to the exclusions and limitations of liability set out in the Terms of Service. Customer agrees that any regulatory penalties incurred by “THE COMPANY” in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this Addendum and any applicable privacy laws will count towards and reduce “THE COMPANY” liability under the Terms of Service as if it were liability to the Customer under the Terms of Service.
13. Entire Terms of Service; Conflict
This Addendum supersedes and replaces all prior or contemporaneous representations, understandings, agreements, or communications between Customer and “THE COMPANY”, whether written or verbal, regarding the subject matter of this Addendum, including any data processing addenda entered into between “THE COMPANY” and Customer with regard to the processing of personal data and on the free movement of such data. Except as amended by this Addendum, the Terms of Service will remain in full force and effect. If there is a conflict between the Terms of Service and this Addendum, the terms of this Addendum will control.
Appendix 1
DETAILS OF THE PROCESSING
1. Nature and Purpose of Processing. “THE COMPANY” will Process Customer Data as necessary to perform the Covered Services pursuant to the Terms of Service and as further instructed by Customer throughout its use of the Covered Services.
2. Duration of Processing. Subject to Section 10 and 11 of this Addendum, “THE COMPANY” will Process Customer Data during the effective date of the Terms of Service. Notwithstanding the foregoing, “THE COMPANY” may retain Customer Data, or any portion of it, if required by applicable laws or regulation, including applicable Data Protection Laws, provided that such Customer Data remains protected in accordance with the terms of this Addendum and applicable Data Protection Laws.
3. Categories of Data Subjects. Customer may upload Personal Data in the course of its use of the Covered Services, the extent to which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of Data Subjects:
4. Categories of Personal Data. Customer may upload Personal Data in the course of its use of the Covered Services, the type of and extent to which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data of Data Subjects:
5. Sensitive Data or Special Categories of Data. Customer may upload Sensitive Data in the course of its use of the Covered Services, the type of and extent to which is determined and controlled by Customer in its sole discretion. Customer is responsible for applying restrictions or safeguards that fully take into consideration the nature of the data and the risks involved prior to transmitting or processing any Sensitive Data via the Covered Services.
Appendix 2
Security Standards
I. Technical and Organizational Measures
We are committed to protect our customers’ information. Taking into account the best practices, the costs of implementation and the nature, scope, circumstances and purposes of processing as well as the different likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons we take the following technical and organizational measures. When selecting the measures, the confidentiality, integrity, availability and resilience of the systems are considered. A quick recovery after a physical or technical incident is guaranteed.
II. Data Privacy Program
Our Data Privacy Program is established to maintain a global data governance structure and secure information throughout its lifecycle. This program is driven by the office of the data protection officer, which oversees the implementation of privacy practices and security measures. We regularly test, assess and evaluate the effectiveness of its Data Privacy Program and Security Standards.
1. Confidentiality. “Confidentiality means that personal data is protected against unauthorized disclosure.”
We use a variety of physical and logical measures to protect the confidentiality of its customers’ personal data. Those measures include:
Physical Security
Access Control & Prevention of Unauthorized Access
Encryption
Data Minimization
Security Testing
2. Integrity. “Integrity refers to ensuring the correctness (intactness) of data and the correct functioning of systems. When the term integrity is used in connection with the term “data”, it expresses that the data is complete and unchanged.”
Appropriate change and log management controls are in place, in addition to access controls to be able to maintain the integrity of personal data such as:
Change & Release Management
Logging & Monitoring
3. Availability. “The availability of services and IT systems, IT applications, and IT network functions or of information is guaranteed, if the users are able to use them at all times as intended.”
We implement appropriate continuity and security measures to maintain the availability of its services and the data residing within those services:
4. Data Processing Instructions. “Data Processing Instructions refers to ensuring that personal data will only be processed in accordance with the instructions of the data controller and the related company measures”
We have established internal privacy policies, agreements and conduct regular privacy trainings for employees to ensure personal data is processed in accordance with customers’ preferences and instructions.
Appendix 3 – “THE COMPANY” Sub processors
Company Name | Country of Incorporation | Service Description | Categories of Data |
|---|---|---|---|
| Acronis International GmbH | Switzerland | Customer Back-ups | Backup snapshots. |
| Automatic Inc | United States of America | WooCommerce plugin and addons within Ecommerce WordPress. | Customer WordPress user profiles (including name and email address) and those of any employees/contractors. |
| Cisco International Limited, Cisco Solutions GmbH, Cisco Systems Inc | United Kingdom, Germany, United States of America | Provide and manage network solutions as part of our network, including metadata analysis. | Processes metadata of IP addresses, timestamps, and network traffic |
| cPanel Inc | United States of America | cPanel management software for Hosting and Server products. | Any customer data held within cPanel. |
| DENIC eG | Germany | Registration of .de domains | All account information necessary to provide the domain. Whois information. |
| Equinix Netherlands BV | Netherlands | Data center colocation facilities in the Netherlands. | No personal data is intentionally processed. |
| EURid vzw | Belgium | Registration of .eu domains | All account information necessary to provide the domain. Whois information. |
| Juniper Networks Inc | United States of America | Provide and manage network solutions as part of our network, including metadata analysis. | IP addresses, timestamps, network traffic |
| LivePerson Inc | United States of America | Chat tool “LiveEngage” on our website. | Chat transcripts, automated information such as IP address, operating system, and type of device. |
| LvivIT | Ukraine | Providing operational platform support. | All customer account information. |
| OVH Grouppe SAS | France | Data center colocation facilities in Germany, resale of server products. | Customer hosted data including but not limited to websites, applications, and data from the customer’s customer(s). This may also include network traffic. |
| Plesk International GmbH | Germany | Plesk control panel for VPS and Dedicated Servers and Website Builder Plus. | Any customer data held within the Plesk control panel as well as any customer data held on a hosted website. |
| Datadock SARL | France | Data center colocation facilities in France. | Hardware and network services. No personal data intentionally processed. |
| Branding Domains Media Temple Inc d/b/a Sucuri | United States of America | SAAS Product: Secure customer websites from malware | All account information required for the provision of the website, as well as customer data stored on the hosted website. |
| Branding Domains Media Temple Inc d/b/a Sucuri | United States of America | Internal: Web Application Firewall on our brand websites and in customer control panels to protect brand IT and customer data. | Website traffic inspection. Metadata of IP addresses, timestamps, and network traffic. |
| Starfield Technologies LLC | United States of America | SSL Certificates. | All customer account information as needed for an SSL certificate. |
| Domains By Proxy LLC | United States of America | Domain privacy services. | Domain registration and contact details. |
| Sellbrite, Inc. | United States of America | Online retailing tool | Transaction and product data from online store. |
| Turnkey Pay Solutions | United States of America | Payment processing tools. |
Appendix 4
See Section 9.2 of the Addendum for applicability of these SCCs
Standard Contractual Clauses (Controller to Processors)
SECTION I
Clause 1
Purpose and scope
Clause 2
Effect and invariability of the Clauses
Clause 3
Third-party beneficiaries
Clause 4
Interpretation
Clause 5
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 6
Description of the transfer(s)
The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7 – INTENTIONALLY OMITTED
SECTION II – OBLIGATIONS OF THE PARTIES
Clause 8
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organizational measures, to satisfy its obligations under these Clauses.
8.1 Instructions
8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.
8.3 Transparency
On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.
8.4 Accuracy
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data
Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).
8.6 Security of processing
8.7 Sensitive data
Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter ‘sensitive data’), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:
8.9 Documentation and compliance
Clause 9
Use of sub-processors
Clause 10
Data subject rights
Clause 11
Redress
Clause 12
Liability
Clause 13
Supervision
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES
Clause 14
Local laws and practices affecting compliance with the Clauses
Clause 15
Obligations of the data importer in case of access by public authorities
15.1 Notification
15.2 Review of legality and data minimization
SECTION IV – FINAL PROVISIONS
Clause 16
Non-compliance with the Clauses and termination
Clause 17
Governing law
These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of Federal Republic of Germany.
Clause 18
Choice of forum and jurisdiction
Annex I to the Standard Contractual Clauses
A. LIST OF PARTIES
Data Exporter(s): The data exporter is the entity identified as “Customer” in the Addendum
Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Exporter is deemed to have signed these standard contractual clauses.
Role: Controller
Data importer(s): “THE COMPANY”
Contact details: Office of the Data Protection Officer – Email “THE COMPANY” using the contact page.
Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Importer is deemed to have signed these standard contractual clauses.
Role: Processor
B. DESCRIPTION OF TRANSFER Categories of data subjects whose personal data is transferred are described in Appendix 1 of the Addendum.
Categories of personal data transferred are described in Appendix 1 of the Addendum.
Sensitive data transferred are described in Appendix 1 of the Addendum.
The frequency of the transfer is a continuous basis for the duration of the Terms of Service.
Nature of the processing is described in Section 2.2 and Appendix 1 of the Addendum.
Purpose(s) of the data transfer and further processing are described in Section 2.2 and Appendix 1 of the Addendum.
The period for which the personal data will be retained described in Appendix 1 of the Addendum.
For transfers to (sub-) processors, the subject matter, nature and duration of the processing is set forth in Annex III to the Standard Contractual Clauses.
C. COMPETENT SUPERVISORY AUTHORITY The North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information (‘LDI NRW’) is the competent supervisory authority.
Annex II to the Standard Contractual Clauses
The technical and organizational security measures implemented by the Data Importer are as in Annex 2 of the Addendum.
Annex III to the Standard Contractual Clauses
List of sub-processors are in Appendix 3 of the Addendum.
Annex I to the Standard Contractual Clauses
A. LIST OF PARTIES
Data Exporter(s): The data exporter is the entity identified as “Customer” in the Addendum
Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Exporter is deemed to have signed these standard contractual clauses.
Role: Controller
Data importer(s): “THE COMPANY”
Contact details: Office of the Data Protection Officer by emailing “THE COMPANY” by using the contact page.
Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Importer is deemed to have signed these standard contractual clauses.
Role: Processor
B. DESCRIPTION OF TRANSFER Categories of data subjects whose personal data is transferred are described in Appendix 1 of the Addendum.
Categories of personal data transferred are described in Appendix 1 of the Addendum.
Sensitive data transferred are described in Appendix 1 of the Addendum.
The frequency of the transfer is a continuous basis for the duration of the Terms of Service.
Nature of the processing is described in Section 2.2 and Appendix 1 of the Addendum.
Purpose(s) of the data transfer and further processing are described in Section 2.2 and Appendix 1 of the Addendum.
The period for which the personal data will be retained described in Appendix 1 of the Addendum.
For transfers to (sub-) processors, the subject matter, nature and duration of the processing is set forth in Annex III to the Standard Contractual Clauses.
C. COMPETENT SUPERVISORY AUTHORITY The North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information (‘LDI NRW’) is the competent supervisory authority.
Annex II to the Standard Contractual Clauses
The technical and organizational security measures implemented by the Data Importer are as in Annex 2 of the Addendum.
Annex III to the Standard Contractual Clauses
List of sub-processors are in Appendix 3 of the Addendum.
Networking.app – PARTNER/AFFILIATE PROGRAM AGREEMENT AND TERMS OF SERVICE
I. PARTIES TO THIS AGREEMENT
“The Company”, (hereinafter referred to as “The Company”), This agreement is entered into by “The Company” and each of its Partner(s). “You” and “Your” refers to each and every Partner or sub-Partner of the “The Company” Partner Program. Participation in the program constitutes full and complete acceptance of the TOS set forth herein.
II. “THE COMPANY” RESPONSIBILITIES
A. CODED URL
Upon your acceptance into “The Company Partner Program” “The Company” will provide you with a URL, coded to specifically identify you. The coded URL, when clicked directly or through a banner ad embedded with the code, will redirect to the “The Company” web site. You may post this URL link in any location, as many times as you like, subject to the remaining terms of this agreement regarding acceptable links.
B. TRACKING
“The Company” agrees to track the customers referred to “The Company” via the link provided to you. “The Company” will utilize cookies to maintain tracking information for up to six months. “The Company” will pay you a commission for each such referral made in compliance with this agreement, pursuant to the commission schedule and the terms set forth in this Partner Program Agreement.
C. PAYMENTS
“The Company” agrees to pay Partner commissions upon receipt of all payment requirements to the specified destination which are on file in the Partner’s account.
III. PARTNER RESPONSIBILITIES
A. MINIMUM AGE
You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the “The Company” Partner program does not violate any law, ordinance, regulation or standard.
B. OPERATIVE LINK
You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify “The Company” if your coded URL ceases to function or ceases to function properly.
C. REPRESENTATIONS
You agree that you will not make any representations, promises, warranties or other statements about “The Company” or the “The Company” web site, products, or policies other than as may be expressly approved in writing by “The Company” or as otherwise provided to you by “The Company” for that purpose.
D. LINK
You may use the coded URL provided by “The Company” via the available “The Company” Link Library, or in any other form you wish, provided that your use of the URL is not in any way disparaging of “The Company” or otherwise not appropriate or acceptable in “The Company”’s sole opinion and judgment. You may not violate any copyright, trademark, or other intellectual property right of “The Company” or any other party. You may not violate the “The Company”’s Terms of Service.
E. AMENDMENTS
You agree that “The Company” may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by logging into your customer portal on a periodic basis to review messages and postings regarding your account and our Partner Program.
F. CUSTOMERS OF “THE COMPANY”
“The Company” will have the sole right and responsibility to service all customers secured through your coded URL. All dealings with customers for web hosting and related services shall be directly and solely between customer and “The Company”. “The Company” shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to its Partners. All customers of “The Company”, regardless of origin or referral, are the sole property and responsibility of “The Company”.
G. ADDRESS CHANGE
You agree to promptly notify “The Company” of any change in your mailing address, email address, or other relevant contact details in accordance to Tax Laws.
H. PROMOTION RESTRICTIONS
In addition, you acknowledge and agree you shall not:
Enter into any arrangement or agreement under which a third party pays you fees or shares in any revenues, royalties or commissions for the customers referred by you.
Purchase or generate traffic to your Web Site or Publishing Location by any of the following methods: unsolicited bulk emailing, icq postings, unsolicited chat room postings, zero pixel frames, iframes, hitbots, click bots, spiders, cgi-scripts, JavaScript®, click farms, Flash®, cookie stuffing, auction listings, PPC search on terms trademarked by “The Company” (or any variations or derivations thereof), or any other similar method.
Share any revenue generated by your royalties, commissions or otherwise with any referred customer directly or indirectly (“Subsidized Sale”). Any such Subsidized Sale will not be considered a valid sale and will not carry a commission. Determination of whether a sale is considered a Subsidized Sale is in the sole discretion of “The Company”.
IV. COMMISSIONS
A. COMMISSION RATE
Commissions are paid on a month-to-month basis for each account purchased via your coded URL, subject to the terms and conditions set forth herein. “The Company” reserves the right to determine whether a sale is considered a valid sale, in its sole discretion, according to internal mechanisms and automated systems, and may adjust commissions at the time of payout to ensure only valid sales for new customer accounts carry a commission payment. Determination of whether a sale is considered valid is in the sole discretion of “The Company”. An account that is purchased either in a Partner’s name (or a name other than the true customer) and/or is discounted without an authorized and dedicated coupon code will not be eligible for a referral commission.
A commission is not finalized until it becomes a Qualified Commission, even after the payment of a commission has been made.
B. QUALIFIED COMMISSION
A “qualified commission” is one for which the new account which is the subject of the commission has remained in good standing continuously for at least 180 days from its inception. “The Company” shall make all decisions as to whether any commission is a “qualified commission.” If at any time after a commission has been awarded and/or paid and the related customer’s account is terminated or cancelled, for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.
“The Company” reserves the right to pay only for referrals from customers that are Active. An Active customer is defined as a customer who, in the sole discretion of “The Company”, hosts valid content and maintains a website and domain name pointed at “The Company’s nameservers, web and mail servers.
Any Partner referral that is not specifically identified as such by the Partner within thirty (30) days from the date of completion of the sale shall not be credited to Partner’s account and you will not be paid for any such referral.
C. PAYMENT DATE
Payments will only be paid once your commissions account balance reaches a minimum level of at least Fifty Dollars ($50). “The Company” shall make no payment to you until this minimum balance is achieved. Commissions will be paid 30 to 60 days after a sale meeting the minimum level was completed. Commissions are paid within 7 to 15 business days of the payout month.
D. PAYMENT FORM
Commissions are paid through a PayPal account. For payments to be made through PayPal, you must provide us with your Partner username and your PayPal ID.
E. PARTNER COSTS ASSOCIATED WITH COMMISSION PAYOUT TYPE
1. PAYPAL:
Using PayPal, “The Company”, at its sole discretion, may deduct a processing fee of 2.9% of the total amount plus a flat rate of $.30 per payment to cover the costs associated with sending this form of payment. This deduction is similar to a credit card processing fee.
2. Alternative Payment Methods (ACH or Check by Mail) :
If you are unable to accept payment via PayPal, you must contact us to make special arrangements. We will notify you of any additional processing fees which may apply. Be advised, however, that payments sent via ACH or via Check by Mail, are subject to income tax reporting for all USA based Partners.
F. TAX REGULATION FOR NON-PAYPAL COMMISSION PAYMENTS ONLY
Due to the tax laws though the Internal Revenue Service (IRS), the United States Department of Treasury requires that every US resident and US-based corporation that is receiving Partner commissions must submit a completed and signed W9 form. Before we can conduct Partner payouts, we must have the completed and signed form in our possession.
To avoid any delays in your Partner payments, please submit the appropriate document, properly filled out and signed, via one of the following resources:
EMAIL:
info@server2x.com
V. OWNERSHIP AND LICENSES
A. PROPERTY OWNERSHIP
Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used, or which may be developed and/or used by it in the future.
B. LICENSE
“The Company” grants you as a Partner a revocable, non-exclusive, worldwide License to use, reproduce and transmit the “The Company” logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and “The Company” to accomplish the purpose and intent of this Partner agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This License is neither assignable nor transferable.
C. CEASE USE UPON DEMAND
You agree to immediately cease the use of any mark upon request made by “The Company” to the email address provided by you and maintained on file for you by “The Company”. You agree to immediately cease the use of any link created by you to “The Company” upon request by “The Company” to the email address provided by you and maintained on file for you by “The Company”.
VI. TERMINATION
A. EFFECT UPON COMMISSION
Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under paragraph VI.B. herein, any commission which has become a qualified commission as of the date of such termination will be paid post termination. Any commission, which is not a qualified commission as of the date of notice of termination, shall not thereafter become a qualified commission.
B. BREACH OF THIS AGREEMENT
The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of “The Company” termination of this agreement in its entirety.
C. SUSPENSION
Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by “The Company” will become a termination under VI.B. as of the date of the initial suspension.
D. SURVIVAL
Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Sections VII shall survive such termination and remain in full force and effect.
VII. GENERAL
A. AUTHORITY
Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
B. NON-INFRINGMENT
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and “The Company” that you will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
C. VIOLATION OF LAW
You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard. You understand and accept responsibility to file any necessary paperwork or tax forms with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.
D. TERMS OF SERVICE
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and “The Company” that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the “The Company” Terms of Service which are incorporated herein as though set forth at length herein.
E. UNSOLICITED EMAIL
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and “The Company” that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the “The Company” Partner Program.
F. DEFAMATION/LIBEL
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and “The Company” that you will not transmit any information which is or might be considered to be defamatory or libelous.
G. DECENCY
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and “The Company” that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
H. UNFAIR COMPETITION
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and “The Company” that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the “The Company” Terms of Service.
I. DAMAGE TO “THE COMPANY”
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and “The Company” that you will not take any action that would in any way damage “The Company” or otherwise compromise it’s servers or equipment including utilize or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
J. NO AUTOMATIC LINKS
You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
K. WARRANTY DISCLAIMER
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY “THE COMPANY” PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT “THE COMPANY” MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, “THE COMPANY” DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL “THE COMPANY” BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
L. LIMITATION OF LIABILITY
IN NO INSTANCE SHALL “THE COMPANY” BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT “THE COMPANY” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS PARTNER AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.M. or (iv) either party’s liability for death or personal injury or their own acts of fraud.
M. INDEMNIFICATION
You agree to indemnify, defend and hold harmless “The Company” and its Partners, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney’s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
N. INDEPENDENT CONTRACTORS
Each party shall act as an independent contractor and shall have NO authority to obligate or bind the other in any respect.
O. CHOICE OF VENUE
This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Alabama. Any action to enforce this Agreement shall be dealt with by the appropriate court of competence within Franklin County, Alabama, USA.
P. SEVERABILITY
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
Q. INTEGRATION
This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by “The Company” on the “The Company” web site.
R. USE CONSTITUTES FULL ACCEPTANCE AND SIGNATURE
Your agreement to the terms set forth herein is manifested by any participation in the “The Company” Partner program including the submission of the Partner application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered, or otherwise changed by “The Company” without notice to any other party other than changing the agreement itself made available by “The Company” to the Partners on the “The Company” web site.
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Networking.app “THE COMPANY” (referred to hereafter as “the Service” OR “THE COMPANY” ) as an agent of “THE COMPANY” and you and is made effective as of the date of your use of this website (“Site”) or the date of 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 this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to “THE COMPANY”. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
“THE COMPANY” may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. 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, “THE COMPANY” may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. “THE COMPANY” assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, “THE COMPANY” may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. “THE COMPANY” RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found 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”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, “THE COMPANY” finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. “THE COMPANY” shall not be liable for any loss or damage resulting from “THE COMPANY” reliance on any instruction, notice, document or communication reasonably believed by “THE COMPANY” to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, “THE COMPANY” reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to “THE COMPANY” that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If “THE COMPANY” has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, “THE COMPANY” reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, “THE COMPANY” recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify “THE COMPANY” immediately of any breach of security or unauthorized use of your Account. “THE COMPANY” will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss “THE COMPANY” or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
You acknowledge and agree that:
“THE COMPANY” offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. “THE COMPANY” Controller to Processor Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Your Data, including transfers of Your Data from the European Economic Area to a third country, meets with compliance under applicable data privacy laws.
For the purposes of the Controller to Processor DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the Terms of Service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the Controller to Processor DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the Controller to Processor DPA, please send an email request by using the contact page provided.
Some of the features of this Site or the Services, including those Services that are hosted with “THE COMPANY”, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to “THE COMPANY” that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate “THE COMPANY” to treat your User Submissions as confidential or secret, that “THE COMPANY” has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that “THE COMPANY” may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
“THE COMPANY” shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize “THE COMPANY” to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant “THE COMPANY” a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and “THE COMPANY” (and “THE COMPANY” affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. 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 “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that “THE COMPANY” may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, “THE COMPANY” shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or “THE COMPANY” (or “THE COMPANY” affiliates’) business(es). If you have a website or other content hosted by “THE COMPANY”, you shall retain all of your ownership or licensed rights in User Content.
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure 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 this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on “THE COMPANY” website and is not subject to any promotion, discount, or other reduction in price. For Credits issued for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.
“THE COMPANY” generally does not pre-screen User Content (whether posted to a website hosted by “THE COMPANY” or posted to this Site). However, “THE COMPANY” reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. “THE COMPANY” may remove any item of User Content (whether posted to a website hosted by “THE COMPANY” or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by “THE COMPANY” in its sole and absolute discretion), at any time and without prior notice. “THE COMPANY” may also terminate a User’s access to this Site or the Services found at this Site if “THE COMPANY” has reason to believe the User is a repeat offender. If “THE COMPANY” terminates your access to this Site or the Services found at this Site, “THE COMPANY” may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
“THE COMPANY” reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although “THE COMPANY” makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by “THE COMPANY”, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, “THE COMPANY” will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by “THE COMPANY” in its sole and absolute discretion. “THE COMPANY” may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by “THE COMPANY” in its sole and absolute discretion, “THE COMPANY” will not be required to offer a comparable feature or functionality for the Service or a refund.
No Liability. “THE COMPANY” will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.
From time to time, “THE COMPANY” may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then 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 work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) “THE COMPANY” 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 substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) “THE COMPANY” may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that “THE COMPANY” may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to “THE COMPANY”; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”.
You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by “THE COMPANY”. To the fullest extent permitted by law, “THE COMPANY” disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You agree that your Payment Method may be charged by one of our affiliated entities. Your transaction will be processed by PayPal.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of 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 noted in the Refund Policy.
Price Changes. ”The Company” reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card; (ii) “Prepaid Services” (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal; (v) International Payment Option (as defined below); (vi) via in-store credit balances, if applicable (and as defined below); or (vii) any other method you use to pay for Services as determined by “THE COMPANY” in its sole and absolute discretion, each a “Payment Method”. The “Express Checkout” feature automatically places an order for the applicable Service and charges the default Express Checkout Payment Method for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.
Refunds Issued. You agree that where refunds are issued to your Payment Method, “THE COMPANY” issuance of a refund receipt is only confirmation that “THE COMPANY” has submitted your refund to the Payment Method charged at the time of the original sale, and that “THE COMPANY” has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then “THE COMPANY”, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of a “THE COMPANY” check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. “THE COMPANY” also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.
Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.
Auto-Renewal Terms. Other than as required by applicable law, “THE COMPANY” does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your “THE COMPANY” account.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL UNLESS OTHERWISE SPECIFIED ON THIS SITE. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, “THE COMPANY” MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.
UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, “THE COMPANY” WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT OR YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH “THE COMPANY”. IN AUTOMATICALLY RENEWING YOUR SERVICES, “THE COMPANY” WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT. IN THE EVENT “THE COMPANY” CANNOT SUCCESSFULLY CHARGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT METHOD(S) DESIGNATED AS “BACKUP” IN YOUR ACCOUNT. RENEWALS WILL BE CHARGED AT “THE COMPANY” THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE STEPS FOUND IN YOUR ACCOUNT. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE. IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND “THE COMPANY” SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
IN ADDITION, “THE COMPANY” MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, “THE COMPANY” WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. “THE COMPANY” MAKES NO GUARANTEES 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) CANCELLING PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND “THE COMPANY” SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason “THE COMPANY” is unable to charge your Payment Method for the full amount owed, or if “THE COMPANY” receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that “THE COMPANY” may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. “THE COMPANY” also reserves the right to charge you reasonable “administrative” fees” for (i) tasks “THE COMPANY” may perform outside the normal scope of its Services, (ii) additional time and/or costs “THE COMPANY” may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by “THE COMPANY” in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by “THE COMPANY” staff or by outside firms retained by “THE COMPANY”; (iii) recouping any and all costs and fees, including the cost of Services, incurred by “THE COMPANY” as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with “THE COMPANY”.
“THE COMPANY” may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT“), Goods and Services Tax (“GST“), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
(B) REFUND POLICY
Products and Services available for refunds are described here – (“Refund Policy”).
“THE COMPANY” expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by “THE COMPANY” in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by “THE COMPANY” in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of “THE COMPANY”, its officers, directors, employees and agents, as well as “THE COMPANY” affiliates, including, but not limited to, instances where you have sued or threatened to sue “THE COMPANY”, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to “THE COMPANY” business, operations, reputation or shareholders.
“THE COMPANY” expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
“THE COMPANY” expressly reserves the right to terminate, without notice to you, any and all Services where, in “THE COMPANY” sole discretion, you are harassing or threatening “THE COMPANY” and/or any of “THE COMPANY” employees.
“THE COMPANY” Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“THE COMPANY Content”), are owned by or licensed to “THE COMPANY” in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. “THE COMPANY” Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of “THE COMPANY”. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. “THE COMPANY” reserves all rights not expressly granted in and to the “THE COMPANY” Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
15.NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
“THE COMPANY” supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to “THE COMPANY” Trademark and/or Copyright Infringement Policy referenced above and available here.
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by “THE COMPANY”. “THE COMPANY” assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, “THE COMPANY” does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release “THE COMPANY” from any and all liability arising from your use of any third-party website. Accordingly, “THE COMPANY” encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. “THE COMPANY”, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. “THE COMPANY”, 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 LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND “THE COMPANY” ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY “THE COMPANY”, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY 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 OR THE SERVICES FOUND AT THIS SITE.
IN NO EVENT SHALL “THE COMPANY”, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT “THE COMPANY” IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL “THE COMPANY” TOTAL AGGREGATE LIABILITY EXCEED $1,000.00 U.S. DOLLARS.
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 OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless “THE COMPANY” and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by “THE COMPANY” directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
“THE COMPANY” makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section shall apply to all Disputes between you and “THE COMPANY”, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and “THE COMPANY” arising under or relating to any “THE COMPANY” Services or Products, “THE COMPANY” websites, these Terms, or any other transaction involving you and “THE COMPANY”, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND “THE COMPANY” AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR “THE COMPANY” FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and “THE COMPANY” further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 19 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall 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 “THE COMPANY” must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to “THE COMPANY” must be mailed. The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If “THE COMPANY” and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or “THE COMPANY” may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND “THE COMPANY” AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR “THE COMPANY” WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 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 shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 19 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), at your option.
(G) Initiation of Arbitration Proceeding. If either you or “THE COMPANY” decide to arbitrate a Dispute, we agree to the following procedure:
iii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by “THE COMPANY” or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or “THE COMPANY” is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(I) Arbitration Fees and Payments.
iii. Disputes involving any amount. In any arbitration you commence, “THE COMPANY” will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. 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 filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
(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 “THE COMPANY” BY E-MAILING a notice though our contact page 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 “THE COMPANY” Universal Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in “THE COMPANY” 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 any provision in these Terms to the contrary, you and “THE COMPANY” agree that if “The Company” makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to “THE COMPANY” address) in these Terms, “THE COMPANY” will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing 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 governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
(M) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
(N) Exclusive Venue for Other Controversies. “THE COMPANY” and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of The United States District Court, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.
Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) “THE COMPANY” is unable to issue payment to such customer or (ii) “THE COMPANY” issued payment to such customer in the form of a paper check, but the check was never cashed, then “THE COMPANY” shall turn over such account balance to the State in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, “THE COMPANY” may withhold a dormancy charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site, or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
If you have any questions about this Agreement, please contact us by filling out the contact form on the contact page.
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