WEBDADDY.PRO - UNIVERSAL TERMS OF SERVICE AGREEMENT LAST REVISED: 4/1/2024

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

  1. OVERVIEW THIS UNIVERSAL TERMS OF SERVICE AGREEMENT (THIS “AGREEMENT”) IS ENTERED INTO BY AND BETWEEN WEBDADDY.PRO, LLC, WEBDADDY.PRO PAYMENTS, LLC (FOR ANY PAYMENT SERVICES), AND POYNT, LLC (FOR ANY HARDWARE SERVICES) (“WEBDADDY.PRO”) AND YOU. IT 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”). ANY AGREEMENTS, ARRANGEMENTS, AND/OR ADDITIONAL POLICIES THAT APPLY TO CERTAIN SERVICES (“SERVICES AGREEMENTS”) 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 WEBDADDY.PRO. 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 SITE OR THE SERVICES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO CONFER ANY THIRD-PARTY RIGHTS OR BENEFITS.

 

  1. MODIFICATION OF AGREEMENT, SITE OR SERVICES

WEBDADDY.PRO 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, WEBDADDY.PRO 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. WEBDADDY.PRO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR YOUR FAILURE TO RECEIVE AN EMAIL NOTIFICATION IF SUCH FAILURE RESULTS FROM AN INACCURATE EMAIL ADDRESS. IN ADDITION, WEBDADDY.PRO MAY TERMINATE YOUR USE OF SERVICES FOR ANY VIOLATION OR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT BY YOU. WEBDADDY.PRO 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.

 

  1. ELIGIBILITY; AUTHORITY

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, AND/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, WEBDADDY.PRO 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. WEBDADDY.PRO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM WEBDADDY.PRO’S RELIANCE ON ANY INSTRUCTION, NOTICE, DOCUMENT, OR COMMUNICATION REASONABLY BELIEVED BY WEBDADDY.PRO 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, WEBDADDY.PRO 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.

 

  1. YOUR ACCOUNT

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 WEBDADDY.PRO 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 WEBDADDY.PRO HAS REASON TO BELIEVE THAT YOUR ACCOUNT INFORMATION IS UNTRUE, INACCURATE, OUT-OF-DATE, OR INCOMPLETE, WEBDADDY.PRO 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, WEBDADDY.PRO RECOMMENDS THAT YOU CHANGE YOUR PASSWORD AND SHOPPER PIN AT LEAST ONCE EVERY SIX (6) MONTHS FOR EACH ACCOUNT. YOU MUST NOTIFY WEBDADDY.PRO IMMEDIATELY OF ANY BREACH OF SECURITY OR UNAUTHORIZED USE OF YOUR ACCOUNT. WEBDADDY.PRO 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 WEBDADDY.PRO OR OTHERS INCUR CAUSED BY YOUR ACCOUNT, WHETHER CAUSED BY YOU, OR BY AN AUTHORIZED PERSON, OR BY AN UNAUTHORIZED PERSON.

 

  1. GENERAL RULES OF CONDUCT

YOU ACKNOWLEDGE AND AGREE THAT:

  1. YOUR USE OF THIS SITE AND THE SERVICES, INCLUDING ANY CONTENT YOU SUBMIT, WILL COMPLY WITH THIS AGREEMENT, ANY APPLICABLE SERVICES AGREEMENT OR POLICY THAT MAY APPLY TO YOUR SERVICES, AND ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS, RULES, AND REGULATIONS.
  2. YOU WILL NOT COLLECT OR HARVEST (OR PERMIT ANYONE ELSE TO COLLECT OR HARVEST) ANY USER CONTENT (AS DEFINED BELOW) OR ANY NON-PUBLIC OR PERSONALLY IDENTIFIABLE INFORMATION ABOUT ANOTHER USER OR ANY OTHER PERSON OR ENTITY WITHOUT THEIR EXPRESS PRIOR WRITTEN CONSENT.
  3. YOU WILL NOT USE THIS SITE OR THE SERVICES IN A MANNER (AS DETERMINED BY WEBDADDY.PRO IN ITS SOLE AND ABSOLUTE DISCRETION) THAT:
    1. IS ILLEGAL, OR PROMOTES OR ENCOURAGES ILLEGAL ACTIVITY.
    2. PROMOTES, ENCOURAGES, OR ENGAGES IN THE EXPLOITATION OF CHILDREN, OR ANY ACTIVITY RELATED TO THE PROLIFERATION OF CHILD SEXUAL ABUSE MATERIAL (CSAM).
    3. PROMOTES, ENCOURAGES, OR ENGAGES IN TERRORISM, VIOLENCE AGAINST PEOPLE, ANIMALS, OR PROPERTY.
    4. PROMOTES, ENCOURAGES, OR ENGAGES IN ANY SPAM OR OTHER UNSOLICITED BULK EMAIL, OR COMPUTER OR NETWORK HACKING OR CRACKING.
    5. VIOLATES THE RYAN HAIGHT ONLINE PHARMACY CONSUMER PROTECTION ACT OF 2008 OR SIMILAR LEGISLATION, OR PROMOTES, ENCOURAGES, OR ENGAGES IN THE SALE OR DISTRIBUTION OF PRESCRIPTION MEDICATION WITHOUT A VALID PRESCRIPTION.
    6. VIOLATES THE FIGHT ONLINE SEX TRAFFICKING ACT OF 2017 OR SIMILAR LEGISLATION, OR PROMOTES OR FACILITATES PROSTITUTION AND/OR SEX TRAFFICKING.
    7. INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER USER OR ANY OTHER PERSON OR ENTITY.
    8. VIOLATES THE PRIVACY OR PUBLICITY RIGHTS OF ANOTHER USER OR ANY OTHER PERSON OR ENTITY, OR BREACHES ANY DUTY OF CONFIDENTIALITY THAT YOU OWE TO ANOTHER USER OR ANY OTHER PERSON OR ENTITY.
    9. INTERFERES WITH THE OPERATION OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
    10. CONTAINS OR INSTALLS ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR OTHER CODE, FILES, OR PROGRAMS DESIGNED TO, OR CAPABLE OF, DISRUPTING, DAMAGING, OR LIMITING THE FUNCTIONALITY OF ANY SOFTWARE OR HARDWARE.
    11. CONTAINS FALSE OR DECEPTIVE LANGUAGE, OR UNSUBSTANTIATED OR COMPARATIVE CLAIMS, REGARDING WEBDADDY.PRO OR WEBDADDY.PRO’S SERVICES.
  4. YOU WILL NOT PERFORM ANY FALSE, ABUSIVE, OR FRAUDULENT ACTIVITY. YOU WILL NOT PERFORM ANY ACTION THAT IMPOSES, OR MAY IMPOSE, IN OUR DISCRETION, AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR INFRASTRUCTURE.
  5. YOU WILL NOT COPY OR DISTRIBUTE IN ANY MEDIUM ANY PART OF THIS SITE OR THE SERVICES, EXCEPT WHERE EXPRESSLY AUTHORIZED BY WEBDADDY.PRO.
  6. YOU WILL NOT MODIFY OR ALTER ANY PART OF THIS SITE OR THE SERVICES FOUND AT THIS SITE OR ANY OF ITS RELATED TECHNOLOGIES.
  7. YOU WILL NOT ACCESS WEBDADDY.PRO CONTENT (AS DEFINED BELOW) OR USER CONTENT THROUGH ANY TECHNOLOGY OR MEANS OTHER THAN THROUGH THIS SITE ITSELF, OR AS WEBDADDY.PRO MAY DESIGNATE.
  8. YOU AGREE TO BACK UP ALL OF YOUR USER CONTENT SO THAT YOU CAN ACCESS AND USE IT WHEN NEEDED. WEBDADDY.PRO DOES NOT WARRANT THAT IT BACKS UP ANY ACCOUNT OR USER CONTENT, AND YOU AGREE TO ACCEPT AS A RISK THE LOSS OF ANY AND ALL OF YOUR USER CONTENT.
  9. YOU WILL NOT RE-SELL OR PROVIDE THE SERVICES FOR A COMMERCIAL PURPOSE, INCLUDING ANY OF WEBDADDY.PRO’S RELATED TECHNOLOGIES, WITHOUT WEBDADDY.PRO’S EXPRESS PRIOR WRITTEN CONSENT.
  10. YOU WILL NOT CIRCUMVENT, DISABLE, OR OTHERWISE INTERFERE WITH THE SECURITY-RELATED FEATURES OF THIS SITE OR THE SERVICES FOUND AT THIS SITE (INCLUDING, WITHOUT LIMITATION, THOSE FEATURES THAT PREVENT OR RESTRICT USE OR COPYING OF ANY WEBDADDY.PRO CONTENT OR USER CONTENT) OR ENFORCE LIMITATIONS ON THE USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, THE WEBDADDY.PRO CONTENT, OR THE USER CONTENT THEREIN.
  11. YOU AGREE TO PROVIDE GOVERNMENT-ISSUED PHOTO IDENTIFICATION AND/OR GOVERNMENT-ISSUED BUSINESS IDENTIFICATION AS REQUIRED FOR VERIFICATION OF IDENTITY WHEN REQUESTED.
  12. YOU ARE AWARE THAT WEBDADDY.PRO MAY FROM TIME TO TIME CALL YOU ABOUT YOUR ACCOUNT, AND THAT, FOR THE PURPOSES OF ANY AND ALL SUCH CALL(S), YOU MAY BE SUBJECT TO CALL RECORDING AND HEREBY CONSENT TO THE SAME, SUBJECT TO ANY APPLICABLE LAWS AND OUR RESTRICTIONS AND OBLIGATIONS THEREUNDER, INCLUDING, WHERE PERMISSIBLE, TO RECORD THE ENTIRETY OF SUCH CALLS REGARDLESS OF WHETHER WEBDADDY.PRO ASKS YOU ON ANY PARTICULAR CALL FOR CONSENT TO RECORD SUCH CALL. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY SUCH RECORDING(S) MAY BE SUBMITTED AS EVIDENCE IN ANY LEGAL PROCEEDING IN WHICH WEBDADDY.PRO IS A PARTY. FURTHER, BY PROVIDING YOUR TELEPHONE OR MOBILE NUMBER, YOU CONSENT TO RECEIVE MARKETING TELEPHONE CALLS FROM OR ON BEHALF OF WEBDADDY.PRO THAT MAY BE INITIATED BY AN AUTOMATIC TELEPHONE DIALING SYSTEM AND/OR USE AN ARTIFICIAL OR PRERECORDED VOICE. YOU UNDERSTAND THAT PROVIDING CONSENT IS NOT A CONDITION OF PURCHASING ANY GOOD OR SERVICE FROM WEBDADDY.PRO. SIMILARLY, BY PROVIDING YOUR MOBILE NUMBER, YOU CONSENT TO RECEIVE MARKETING TEXT MESSAGES FROM OR ON BEHALF OF WEBDADDY.PRO THAT MAY BE SENT BY AN AUTOMATIC TELEPHONE DIALING SYSTEM. YOU UNDERSTAND THAT PROVIDING CONSENT IS NOT A CONDITION OF PURCHASING ANY GOOD OR SERVICE FROM WEBDADDY.PRO. MESSAGE AND DATA RATES MAY APPLY.
  13. WITHOUT LIMITING ANY OF THE RIGHTS SET FORTH ELSEWHERE IN THIS AGREEMENT, WEBDADDY.PRO EXPRESSLY RESERVES THE RIGHT TO DENY, CANCEL, TERMINATE, SUSPEND, OR LIMIT FUTURE ACCESS TO THIS SITE OR ANY SERVICES (INCLUDING BUT NOT LIMITED TO THE RIGHT TO CANCEL OR TRANSFER ANY DOMAIN NAME REGISTRATION) TO ANY USER (I) WHOSE ACCOUNT OR SERVICES WERE PREVIOUSLY TERMINATED OR SUSPENDED, WHETHER DUE TO BREACH OF THIS OR ANY OTHER AGREEMENT OR ANY WEBDADDY.PRO POLICY, OR (II) WHO OTHERWISE ENGAGES OR HAS ENGAGED IN INAPPROPRIATE OR UNLAWFUL ACTIVITY WHILE UTILIZING THE SITE OR SERVICES (AS DETERMINED BY WEBDADDY.PRO IN ITS SOLE AND ABSOLUTE DISCRETION).
  14. IF YOUR PURCHASE OR ACCOUNT ACTIVITY SHOWS SIGNS OF FRAUD, ABUSE, OR SUSPICIOUS ACTIVITY, WEBDADDY.PRO MAY CANCEL ANY SERVICE ASSOCIATED WITH YOUR NAME, EMAIL ADDRESS, OR ACCOUNT AND CLOSE ANY ASSOCIATED WEBDADDY.PRO ACCOUNTS. IF WEBDADDY.PRO, IN ITS SOLE DISCRETION, DETERMINES THAT ANY CONDUCTED ACTIVITY IS FRAUDULENT, WEBDADDY.PRO RESERVES THE RIGHT TO TAKE ANY NECESSARY LEGAL ACTION, AND YOU MAY BE LIABLE FOR MONETARY LOSSES TO WEBDADDY.PRO, INCLUDING LITIGATION COSTS AND DAMAGES. TO CONTEST CANCELLATION OF SERVICES OR FREEZING OR CLOSURE OF AN ACCOUNT, PLEASE CONTACT WEBDADDY.PRO CARE.
  1. PROTECTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

WEBDADDY.PRO MAY PROCESS PERSONALLY IDENTIFIABLE INFORMATION (“PII”) ABOUT YOU, YOUR CUSTOMERS, AND/OR ANY INDIVIDUAL USING ANY SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY WEBSITE YOU HOST WITH WEBDADDY.PRO. TO THE EXTENT WEBDADDY.PRO PROCESSES PII FOR ITS PURPOSES IN PROVIDING THE SERVICES, WEBDADDY.PRO ACTS AS THE DATA CONTROLLER, AND WEBDADDY.PRO’S GLOBAL PRIVACY NOTICE APPLIES TO SUCH PROCESSING. TO THE EXTENT WEBDADDY.PRO PROCESSES PII ON YOUR BEHALF AS PART OF THE SERVICES, WEBDADDY.PRO ACTS AS THE DATA PROCESSOR, AND THE DATA PROCESSING ADDENDUM APPLICABLE TO THE SERVICES APPLIES TO SUCH PROCESSING.

  1. USER CONTENT

SOME OF THE FEATURES OF THIS SITE OR THE SERVICES, INCLUDING THOSE SERVICES THAT ARE HOSTED WITH WEBDADDY.PRO, MAY ALLOW USERS TO VIEW, POST, PUBLISH, SHARE, STORE, OR MANAGE:

  1. USER SUBMISSIONS: THESE INCLUDE 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.
  2. LITERARY, ARTISTIC, OR MUSICAL CONTENT: THIS CATEGORY ENCOMPASSES PHOTOS, VIDEOS, AND OTHER CREATIVE CONTENT.
  3. OTHER INFORMATION ABOUT BUSINESS OR CUSTOMERS: USERS MAY SHARE INFORMATION RELATED TO THEIR BUSINESS OR CUSTOMERS.

ALL CONTENT SUBMITTED THROUGH YOUR ACCOUNT OR PROCESSED ON YOUR BEHALF IS CONSIDERED USER CONTENT. BY POSTING, PUBLISHING, OR PROCESSING USER CONTENT TO THIS SITE OR VIA THE SERVICES, YOU REPRESENT AND WARRANT TO WEBDADDY.PRO THAT:

  1. YOU HAVE ALL NECESSARY RIGHTS TO DISTRIBUTE USER CONTENT VIA THIS SITE OR VIA THE SERVICES. THIS INCLUDES BEING THE AUTHOR OF THE USER CONTENT WITH THE RIGHT TO DISTRIBUTE IT OR HAVING APPROPRIATE DISTRIBUTION RIGHTS, LICENSES, CONSENTS, AND/OR PERMISSIONS IN WRITING FROM THE COPYRIGHT OR OTHER OWNER OF THE USER CONTENT.
  2. 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 CONTENT OTHER THAN USER SUBMISSIONS. BY POSTING OR PUBLISHING USER CONTENT TO THIS SITE OR THROUGH THE SERVICES, YOU AUTHORIZE WEBDADDY.PRO 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, THIS AGREEMENT, AND ANY SERVICES AGREEMENTS APPLICABLE TO THE USER CONTENT. YOU HEREBY GRANT WEBDADDY.PRO 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 WEBDADDY.PRO’S (AND WEBDADDY.PRO’S 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 WEBDADDY.PRO 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. YOU ALSO UNDERSTAND AND AGREE THAT WEBDADDY.PRO MAY RETAIN AND USE ANY USER CONTENT THAT HAS BEEN INCORPORATED INTO ANY DERIVATIVE WORKS AS ALLOWED PURSUANT TO ANY SERVICES AGREEMENTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WEBDADDY.PRO SHALL NOT USE ANY USER CONTENT THAT HAS BEEN DESIGNATED “PRIVATE” OR “PASSWORD PROTECTED” BY YOU FOR THE PURPOSE OF PROMOTING THIS SITE OR WEBDADDY.PRO’S (OR WEBDADDY.PRO’S AFFILIATES’) BUSINESS(ES). IF YOU HAVE A WEBSITE OR OTHER CONTENT HOSTED BY WEBDADDY.PRO, YOU SHALL RETAIN ALL OF YOUR OWNERSHIP OR LICENSED RIGHTS IN USER CONTENT.

 

WEBDADDY.PRO DATA. FOR THE AVOIDANCE OF DOUBT, USER CONTENT DOES NOT INCLUDE “WEBDADDY.PRO DATA,” WHICH MEANS:

  1. ALL INFORMATION RELATING TO WEBDADDY.PRO’S BUSINESS AND DELIVERY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO PERSONALLY IDENTIFIABLE INFORMATION (PII) CONCERNING YOU AND (WHERE APPLICABLE) YOUR EMPLOYEES OR REPRESENTATIVES.
  2. OTHER DATA CONCERNING OR RELATING TO YOUR ACCOUNT, TRANSACTION HISTORY, USE OF THE SERVICES, AND IDENTITY VERIFICATION.
  3. SUBJECT TO ANY RESTRICTIONS UNDER ANY APPLICABLE DATA PROTECTION LAWS, ANY PII THAT HAS BEEN AGGREGATED, PSEUDONYMIZED, OR ANONYMIZED (COLLECTIVELY, “DE-IDENTIFIED”) PURSUANT TO THE TERMS OF ANY SERVICES AGREEMENT.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO RIGHTS TO WEBDADDY.PRO DATA UNDER THIS OR ANY SERVICES AGREEMENT.

 

  1. AVAILABILITY OF WEBSITE/SERVICES
    SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR OTHER POLICIES AND PROCEDURES, WEBDADDY.PRO SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ATTEMPT TO PROVIDE THIS SITE AND THE SERVICES ON A 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.



  1. PRODUCT CREDITS

IF YOU RECEIVE A PRODUCT CREDIT (“CREDIT”), WHETHER FOR REDEEMING A SPECIFIC PRODUCT OR AS A BONUS WITH ANOTHER PURCHASE (“PURCHASED PRODUCT”), PLEASE NOTE THE FOLLOWING TERMS:

  1. THE CREDIT IS VALID FOR ONE (1) YEAR AND IS ONLY AVAILABLE WITH A VALID PURCHASE. IT MAY BE TERMINATED IF THE PURCHASED PRODUCT IS DELETED, CANCELED, TRANSFERRED, OR NOT RENEWED.
  2. IF THE CREDIT REMAINS UNREDEEMED, IT WILL EXPIRE ONE YEAR FROM THE DATE OF PURCHASING THE PURCHASED PRODUCT.
  3. UPON REDEMPTION, THE PRODUCT WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RENEWAL PRICE AFTER THE INITIAL SUBSCRIPTION PERIOD, UNLESS CANCELED.
  4. TO CANCEL AUTOMATIC RENEWAL, VISIT YOUR ACCOUNT OR CONTACT CUSTOMER SERVICE.
  5. IF YOUR PURCHASED PRODUCT INCLUDES A FREE DOMAIN NAME, CANCELING THE PRODUCT WILL RESULT IN DEDUCTING THE LIST PRICE OF THE DOMAIN NAME FROM THE REFUND AMOUNT. THE LIST PRICE IS THE PRICE LISTED ON WEBDADDY.PRO’S WEBSITE AND IS NOT SUBJECT TO PROMOTIONS OR DISCOUNTS.
  6. FOR CREDITS ISSUED AS A BONUS WITH ANOTHER PURCHASED PRODUCT, WE RESERVE THE RIGHT TO SWAP YOUR CREDIT FOR A SIMILAR PRODUCT AT OUR DISCRETION.

 

  1. MONITORING AND MODERATION OF CONTENT; RESTRICTIONS POLICY

WHEN USING THIS SITE AND/OR ANY SERVICE, YOU MUST NOT PROVIDE, POST, PUBLISH, SHARE, OR OTHERWISE MAKE AVAILABLE ANY ILLEGAL CONTENT OR CONTENT THAT IS INCOMPATIBLE WITH OR VIOLATES THIS AGREEMENT (INCLUDING WITHOUT LIMITATION SECTIONS 5, 7, AND 16 OF THIS AGREEMENT).

WHILE WEBDADDY.PRO GENERALLY DOES NOT PRE-SCREEN USER CONTENT (WHETHER POSTED TO A WEBSITE HOSTED BY WEBDADDY.PRO OR POSTED TO THIS SITE), IT 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. FOR EXAMPLE, WEBDADDY.PRO MAY VOLUNTARILY SCREEN OR PRE-SCREEN MATERIAL FOR POTENTIAL CHILD SEXUAL ABUSE MATERIAL AND TAKE ACTION AGAINST ANY SUCH MATERIAL.

WEBDADDY.PRO HAS THE AUTHORITY TO REMOVE ANY ITEM OF USER CONTENT (WHETHER POSTED TO A WEBSITE HOSTED BY WEBDADDY.PRO OR POSTED TO THIS SITE) AND/OR SUSPEND 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 WEBDADDY.PRO IN ITS SOLE AND ABSOLUTE DISCRETION), AT ANY TIME AND WITHOUT PRIOR NOTICE. IF WEBDADDY.PRO TERMINATES YOUR ACCESS TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, IT MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, REMOVE AND DESTROY ANY DATA AND FILES STORED BY YOU ON ITS SERVERS.

ADDITIONALLY, WEBDADDY.PRO RESERVES THE RIGHT (THOUGH IT UNDERTAKES NO DUTY) TO REVIEW THE USE OF THE SERVICES AND ACCOUNT ACTIVITY FOR ANY ACTIVITY THAT MAY POSE A RISK TO WEBDADDY.PRO AND/OR WEBDADDY.PRO’S SYSTEMS.

WEBDADDY.PRO ALSO RESERVES THE RIGHT, BUT UNDERTAKES NO DUTY, TO REVIEW THE USE OF THE SERVICES AND ACCOUNT ACTIVITY FOR ANY ACTIVITY THAT MAY POSE A RISK TO WEBDADDY.PRO AND/OR WEBDADDY.PRO’S SYSTEMS. ADDITIONALLY, WEBDADDY.PRO MAY REVIEW, ADJUST THE CONFIGURATIONS OF, AND/OR CHANGE THE SETTINGS OF ANY SERVICES, INCLUDING THE SETTINGS OF ANY HOSTED ENVIRONMENT, THAT WEBDADDY.PRO BELIEVES, IN ITS SOLE AND ABSOLUTE DISCRETION, MAY POSE A RISK TO WEBDADDY.PRO, WEBDADDY.PRO’S SYSTEMS, OR ANY OF ITS ENVIRONMENTS.

 

  1. EUROPEAN UNION DIGITAL SERVICES ACT (“DSA”) SUPPLEMENTAL TERMS OF SERVICE

THIS SECTION 11 APPLIES AS OF FEBRUARY 17, 2024, WHICH IS THE DATE OF ENTRY INTO EFFECT OF THE EU DIGITAL SERVICES ACT.

11.1 THIS SECTION SETS OUT PROVISIONS, PROCESSES, AND DISCLOSURES THAT SUPPLEMENT THE REST OF THIS AGREEMENT, AS REQUIRED UNDER THE DSA. THE DSA REGULATES THE PROVISION OF CERTAIN DIGITAL INTERMEDIARY SERVICES WITHIN THE EUROPEAN UNION (EU) AND NOTABLY ESTABLISHES RULES ON THE ROLE OF PROVIDERS, CONTENT MODERATION REQUIREMENTS, AND TRANSPARENCY OBLIGATIONS. THESE PROVISIONS APPLY TO YOU IF YOU ARE IN THE EU OR IF YOU ARE USING THE SITE OR SERVICES FALLING WITHIN THE SCOPE OF THE DSA. IN CASE OF ANY CONFLICT BETWEEN THE TERMS SET OUT IN THIS SECTION 11 AND THE OTHER PROVISIONS OF THIS AGREEMENT, THE TERMS OF SECTION 11 SHALL PREVAIL.

 

11.2 RULES OF CONDUCT. USERS ARE PROHIBITED FROM PROVIDING, PUBLISHING, OR TRANSMITTING CONTENT THAT IS INCOMPATIBLE WITH OR VIOLATES THIS AGREEMENT (INCLUDING WITHOUT LIMITATION SECTIONS 5, 7, AND 16) OR ANY APPLICABLE LAWS IN THE EU OR IN ANY EU COUNTRY (“UNAUTHORIZED CONTENT”).

11.3 CONTENT MODERATION OVERVIEW. WEBDADDY.PRO MAY VOLUNTARILY TAKE ACTION AGAINST ANY UNAUTHORIZED CONTENT, FOLLOWING THE GUIDELINES SET OUT IN SECTION 10 ABOVE. ADDITIONALLY, WEBDADDY.PRO MAY RECEIVE NOTICES THROUGH THE NOTICE AND ACTION MECHANISM (DESCRIBED BELOW) AND ORDERS FROM EU AUTHORITIES REPORTING THE PRESENCE OF ALLEGED ILLEGAL CONTENT ON (OR TRANSMITTED THROUGH) THIS SITE OR ANY SERVICE (INCLUDING WITHOUT LIMITATION ANY WEBSITE HOSTED BY WEBDADDY.PRO). WEBDADDY.PRO WILL PROCESS THESE ORDERS AND NOTICES AND TAKE ACTION BASED ON THE INFORMATION PROVIDED. THESE ACTIONS MAY INCLUDE THE RESTRICTIONS MENTIONED IN SECTION 11.5 BELOW OR ANY OTHER RESTRICTIONS REQUIRED BY THE RELEVANT AUTHORITY.

 

11.4 NOTIFYING ALLEGED ILLEGAL CONTENT – NOTICE AND ACTION MECHANISM. YOU MAY REPORT TO WEBDADDY.PRO THE PRESENCE OF CONTENT THAT YOU CONSIDER TO BE ILLEGAL IN THE EU OR ANY EU COUNTRY ON THIS SITE OR ANY SERVICE THROUGH THE MECHANISM ACCESSIBLE IN OUR SUPPORT CENTER (“NOTICE AND ACTION MECHANISM”). DEPENDING ON THE NATURE OF THE SERVICE CONCERNED BY THE NOTICE, THE WAY WEBDADDY.PRO PROCESSES AND ADDRESSES SUCH NOTICE MAY DIFFER.

11.5 RESTRICTIONS. WEBDADDY.PRO MAY, AT ANY TIME AND IN SOME CASES WITHOUT PRIOR NOTICE, REMOVE ANY UNAUTHORIZED CONTENT PROVIDED ON (OR THROUGH) THIS SITE OR ANY SERVICE OR SUSPEND OR TERMINATE ACCESS TO A WHOLE SERVICE (E.G., DISABLING A WEBSITE HOSTED BY WEBDADDY.PRO). ADDITIONALLY, WITH RESPECT TO “REPEAT OFFENDERS,” NAMELY USERS FREQUENTLY PROVIDING MANIFESTLY UNAUTHORIZED CONTENT, WEBDADDY.PRO MAY SUSPEND OR TERMINATE THEIR ACCESS TO THIS SITE OR TO THE SERVICES FOUND AT THIS SITE. GENERALLY, WEBDADDY.PRO WILL ISSUE A PRIOR WARNING BEFORE ANY SUSPENSION, EXCEPT IN EXCEPTIONAL CASES OR WHERE WEBDADDY.PRO IS OTHERWISE LEGALLY REQUIRED TO TAKE IMMEDIATE ACTION. WHEN DECIDING ON AND APPLYING SUCH RESTRICTIONS, WEBDADDY.PRO WILL ACT IN A TIMELY, DILIGENT, NON-ARBITRARY, OBJECTIVE, AND PROPORTIONATE MANNER.

 

11.6 UNFOUNDED NOTICES. IF ANY USER FREQUENTLY PROVIDES MANIFESTLY UNFOUNDED NOTICES THROUGH THE NOTICE AND ACTION MECHANISM, WEBDADDY.PRO MAY SUSPEND THE PROCESSING OF ITS NOTICES. WEBDADDY.PRO WILL GENERALLY ISSUE A PRIOR WARNING BEFORE ANY SUSPENSION, EXCEPT FOR EXCEPTIONAL CASES (AS DETERMINED BY WEBDADDY.PRO IN ITS REASONABLE DISCRETION) OR WHERE WEBDADDY.PRO IS LEGALLY REQUIRED TO TAKE IMMEDIATE ACTION.

11.7 MEASURES AND TOOLS FOR REVIEW. NOTICES AND ORDERS ARE GENERALLY SUBJECT TO HUMAN REVIEW. WEBDADDY.PRO MAY ALSO USE A MACHINE LEARNING MODEL THAT HELPS PROCESS CERTAIN CLAIMS AND DETECT PHISHING ON WEBSITES HOSTED BY WEBDADDY.PRO. ACTIONS TAKEN IN RESPONSE TO NOTICES AND/OR ORDERS THAT RELATE TO THE PROVISION OF CONTENT BY USERS OF THE SERVICE OR VISITORS OF THE SITE, IF ANY, ARE GENERALLY SUBJECT TO HUMAN REVIEW.

11.8 RIGHT TO TERMINATE THE USE OF THE SERVICES. YOU HAVE THE RIGHT TO TERMINATE THE USE OF THE SERVICES IN ACCORDANCE WITH SECTIONS 9 AND 14 OF THIS AGREEMENT.

 

11.9 CONTENT MODERATION DECISIONS.

  1. THIS SECTION MAY APPLY TO YOU IF:
    1. YOUR ISSUE RELATES TO A WEBDADDY.PRO ONLINE PLATFORM IN THE EU (MEANING EITHER A SERVICE INVOLVING THE SALE AND PURCHASE OF AFTERMARKET DOMAIN NAMES OR WEBDADDY COMMUNITY TO THE EXTENT PROVIDED IN THE EU).

 

  1. YOUR ISSUE CONCERNS: (Y) A DECISION TAKEN BY WEBDADDY.PRO FURTHER TO A NOTICE YOU SUBMITTED REGARDING THE PRESENCE OF INFORMATION CONSIDERED TO BE ILLEGAL CONTENT ON A WEBDADDY.PRO EU ONLINE PLATFORM.

  2. (Z) A DECISION TAKEN BY WEBDADDY.PRO TO REMOVE (OR NOT REMOVE) CONTENT OR TO SUSPEND, RESTRICT, OR TERMINATE (OR NOT SUSPEND, RESTRICT, OR TERMINATE) ACCESS TO A WEBDADDY.PRO EU ONLINE PLATFORM BASED ON UNAUTHORIZED CONTENT,

    (A “CONTENT MODERATION DECISION”).
  1. IF YOU DISAGREE WITH A CONTENT MODERATION DECISION, YOU MAY LODGE A COMPLAINT AGAINST IT WITH WEBDADDY.PRO. THE COMPLAINT MUST BE LODGED WITHIN SIX (6) MONTHS FROM THE DATE ON WHICH YOU ARE INFORMED OF THE CONTENT MODERATION DECISION. TO LODGE YOUR COMPLAINT, RESPOND TO THE EMAIL INFORMING YOU OF THE DECISION AND PROVIDE ANY ADDITIONAL CONTEXT OR INFORMATION FOR WEBDADDY.PRO TO REASSESS IT. WEBDADDY.PRO WILL REVIEW YOUR COMPLAINT AND RESPOND THROUGH ITS INTERNAL COMPLAINT-HANDLING SYSTEM (THE “INTERNAL COMPLAINT-HANDLING SYSTEM”).

    IF A USER FREQUENTLY PROVIDES MANIFESTLY UNFOUNDED COMPLAINTS THROUGH THE INTERNAL COMPLAINT-HANDLING SYSTEM, WEBDADDY.PRO MAY SUSPEND THE PROCESSING OF ITS COMPLAINTS AFTER A PRIOR WARNING.

  2. IF YOU DISAGREE WITH A CONTENT MODERATION DECISION AND/OR THE OUTCOME OF THE INTERNAL COMPLAINT-HANDLING SYSTEM, YOU MAY ALSO ENGAGE WITH ANY OUT-OF-COURT DISPUTE SETTLEMENT BODY CERTIFIED BY THE RELEVANT EU AUTHORITY. PLEASE NOTE THAT DECISIONS TAKEN BY THESE BODIES ARE NOT BINDING. ADDITIONALLY, WEBDADDY.PRO MAY REFUSE TO ENGAGE IN SUCH A PROCEDURE IF THE ISSUE HAS ALREADY BEEN RESOLVED CONCERNING THE SAME CONTENT AND THE SAME GROUNDS. THE LIST OF THESE CERTIFIED BODIES (IF ANY) IS EXPECTED TO BE PUBLISHED BY THE EU COMMISSION SHORTLY. WE WILL UPDATE THE TERMS OF THIS AGREEMENT ONCE THE RELEVANT INFORMATION BECOMES AVAILABLE.

  3. IN ANY CASE, YOU MAY ALSO INITIATE JUDICIAL PROCEEDINGS BEFORE A COMPETENT COURT, ACCORDING TO THE APPLICABLE LAW, AT ANY STAGE.

11.10 FOR THE PURPOSES OF SECTIONS 11.6 AND 11.9, THE TERM “FREQUENTLY” REFERS TO THE SUBMISSION OF 2 OR MORE UNFOUNDED NOTICES OR COMPLAINTS (AS RELEVANT) OVER A PERIOD OF 12 MONTHS. WHEN DETERMINING WHETHER A SPECIFIC BEHAVIOR REQUIRES SUCH A SUSPENSION OR TERMINATION AND THE DURATION OF THE SUSPENSION OR TERMINATION, WEBDADDY.PRO TAKES INTO ACCOUNT THE RELEVANT FACTS AND CIRCUMSTANCES. THESE MAY INCLUDE:

 

11.11 SEARCH ENGINE: RECOMMENDER SYSTEMS DISCLOSURE.

OUR SITE AND CERTAIN OF OUR SERVICES INCLUDE A SEARCH ENGINE THAT ENABLES YOU TO SEARCH FOR DOMAIN NAME REGISTRATIONS BASED ON YOUR QUERY, ACCOUNT SEARCH HISTORY, AND LOCATION.

THE SEARCH ENGINE GENERATES A LIST OF RESULTS BASED ON GENERIC MATCHING BETWEEN THE KEYWORDS OR CHARACTER SEQUENCES SEARCHED AND THE DOMAIN NAMES AVAILABLE FOR PURCHASE. IF THE EXACT DOMAIN NAME YOU SEARCHED FOR IS UNAVAILABLE, THE SEARCH ENGINE WILL DISPLAY RESULTS FOR DOMAIN NAMES THAT MATCH YOUR KEYWORDS AND CHARACTERS, POTENTIALLY INCLUDING ALTERNATIVE TOP-LEVEL DOMAIN NAMES, WHICH MAY TAKE INTO ACCOUNT YOUR LOCATION. FOR EXAMPLE, IF YOU ARE LOCATED IN GERMANY, THE SEARCH ENGINE MAY PRIORITIZE “.DE” TOP-LEVEL DOMAIN NAMES TO PRESENT YOU MORE TAILORED RESULTS. ADDITIONALLY, THE SEARCH MAY FEATURE PARTNERSHIPS LABELED “PROMOTED” IN THE SEARCH RESULTS.

THE KEYWORDS OR SEQUENCES OF CHARACTERS THAT YOU SEARCHED ARE THE MOST SIGNIFICANT PARAMETERS USED TO DETERMINE THE RESULTS, WHEREAS SEARCH HISTORY AND LOCATION ARE SECONDARY PARAMETERS USED TO FURTHER REFINE THE LIST OF RESULTS. AS CURRENTLY DESIGNED, THE SEARCH ENGINE DOES NOT ALLOW YOU TO CHANGE THESE PARAMETERS.

 

11.12 DSA POINT OF CONTACT. 

IF YOU HAVE ANY QUESTIONS OR QUERIES ABOUT THIS SECTION 11 OR ANY OTHER DSA-RELATED MATTERS, YOU CAN CONTACT US BY EMAIL AT DSAINQUIRIES@WEBDADDY.PRO.

  1. DISCONTINUED SERVICES; END OF LIFE POLICY

WEBDADDY.PRO 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 WEBDADDY.PRO 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 WEBDADDY.PRO, IN ANY WAY, EFFECTIVE ON THE EOL DATE. 

NOTICE AND MIGRATION. IN THE EVENT THAT ANY SERVICE WE OFFER HAS REACHED OR WILL REACH END OF LIFE (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, WEBDADDY.PRO WILL EITHER OFFER:

WEBDADDY.PRO 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, WE WILL ATTEMPT TO NOTIFY YOU THIRTY OR MORE DAYS IN ADVANCE OF THE EOL DATE. HOWEVER, IF THE SERVICE MAINTAINS REASONABLY EQUIVALENT FUNCTIONALITY WITHOUT SUCH FEATURE, FUNCTIONALITY, OR ASPECT (AS DETERMINED BY WEBDADDY.PRO IN ITS SOLE AND ABSOLUTE DISCRETION), WEBDADDY.PRO WILL NOT BE REQUIRED TO OFFER A COMPARABLE FEATURE OR FUNCTIONALITY FOR THE SERVICE OR A REFUND.

NO LIABILITY. WEBDADDY.PRO 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.

  1. BETA SERVICES

FROM TIME TO TIME, WEBDADDY.PRO MAY OFFER NEW SERVICES (LIMITED PREVIEW SERVICES OR NEW FEATURES TO EXISTING SERVICES) IN A PRE-RELEASE VERSION. THESE NEW SERVICES, NEW FEATURES, OR LIMITED PREVIEW SERVICES SHALL BE KNOWN, INDIVIDUALLY AND COLLECTIVELY, AS “BETA SERVICES”. IF YOU ELECT TO USE ANY BETA SERVICES, YOUR USE OF THE BETA SERVICES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

 (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) WEBDADDY.PRO 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) WEBDADDY.PRO 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 WEBDADDY.PRO 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 WEBDADDY.PRO; (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 WEBDADDY.PRO. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBDADDY.PRO 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.

  1. FEES AND PAYMENTS

YOU AGREE THAT YOUR PAYMENT METHOD MAY BE CHARGED BY ONE OF OUR AFFILIATED ENTITIES. IF, DURING YOUR PURCHASE, YOUR PAYMENT WAS IDENTIFIED AS BEING PROCESSED IN THE UNITED STATES, YOUR TRANSACTION WILL BE PROCESSED BY WEBDADDY, LLC; IF YOUR PAYMENT WAS IDENTIFIED AS BEING PROCESSED IN CANADA, YOUR TRANSACTION WILL BE PROCESSED BY WEBDADDY, LLC.; IF YOUR PAYMENT WAS IDENTIFIED AS BEING PROCESSED IN THE UNITED KINGDOM, YOUR TRANSACTION WILL BE PROCESSED BY WEBDADDY, LLC.; IF YOUR PAYMENT WAS IDENTIFIED AS BEING PROCESSED IN INDIA, YOUR TRANSACTION WILL BE PROCESSED BY WEBDADDY LLC; IF YOUR PAYMENT WAS IDENTIFIED AS BEING PROCESSED IN AUSTRALIA, YOUR TRANSACTION WILL BE PROCESSED BY WEBDADDY LLC. IF YOUR PAYMENT WAS IDENTIFIED AS BEING PROCESSED IN THE NETHERLANDS, YOUR TRANSACTION WILL BE PROCESSED BY WEBDADDY LLC. IF, DURING YOUR PURCHASE, YOUR PAYMENT WAS IDENTIFIED AS BEING PROCESSED IN A COUNTRY OR REGION THAT IS NOT LISTED ABOVE, YOUR TRANSACTION MAY BE PROCESSED BY AN ENTITY WITHIN THE DISCLOSED COUNTRY THAT IS AFFILIATED WITH OUR LOCAL PAYMENT SERVICE PROVIDER, AND SUBJECT TO THE PROVISIONS OF OUR PRIVACY POLICY.

(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. WEBDADDY.PRO RESERVES THE RIGHT TO CHANGE ITS PRICES AND FEES AT ANY TIME, AND SUCH CHANGES SHALL EITHER BE POSTED ONLINE AT THIS SITE AND EFFECTIVE IMMEDIATELY WITHOUT NEED FOR FURTHER NOTICE TO YOU OR NOTICE SHALL BE PROVIDED TO YOU BY EMAIL. 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”:

  1. VALID CREDIT CARD
  2. ELECTRONIC PAYMENT FROM YOUR PERSONAL OR BUSINESS CHECKING ACCOUNT, AS APPROPRIATE (AND AS DEFINED BELOW)
  3. INTERNATIONAL PAYMENT OPTION (AS DEFINED BELOW)
  4. IN-STORE CREDIT BALANCES, IF APPLICABLE (AND AS DEFINED BELOW)
  5. ANY OTHER METHOD YOU USE TO PAY FOR SERVICES AS DETERMINED BY WEBDADDY.PRO IN ITS SOLE AND ABSOLUTE DISCRETION, EACH A “PAYMENT METHOD”.

YOU ACKNOWLEDGE AND AGREE THAT WE MAY STORE YOUR SUCCESSFUL PAYMENT METHODS, AS DETERMINED BY US, USED TO PAY FOR A SERVICE AS A PAYMENT METHOD THAT WE MAY USE FOR PAYMENT FOR FUTURE PURCHASES OR RENEWALS. YOU CAN MANAGE YOUR STORED PAYMENT METHODS AND VIEW OR CHANGE YOUR AUTOMATIC RENEWAL SETTINGS AT ANY TIME BY LOGGING INTO YOUR WEBDADDY.PRO ACCOUNT. THE “EXPRESS CHECKOUT” FEATURE AUTOMATICALLY PLACES AN ORDER FOR THE APPLICABLE SERVICE AND CHARGES THE DESIGNATED 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, WEBDADDY.PRO’S ISSUANCE OF A REFUND RECEIPT IS ONLY CONFIRMATION THAT WEBDADDY.PRO HAS SUBMITTED YOUR REFUND TO THE PAYMENT METHOD CHARGED AT THE TIME OF THE ORIGINAL SALE, AND THAT WEBDADDY.PRO 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 WEBDADDY.PRO, 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 WEBDADDY.PRO 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. WEBDADDY.PRO 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, WEBDADDY.PRO 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 WEBDADDY.PRO 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, WEBDADDY.PRO 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, WEBDADDY.PRO WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL, SUBJECT TO SECTION 14(F) BELOW, ATTEMPT TO TAKE PAYMENT FIRST FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT (“PRIMARY PAYMENT METHOD”). IF THE PRIMARY PAYMENT METHOD FAILS, WE MAY ATTEMPT PAYMENT FROM YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH WEBDADDY.PRO ("DESIGNATED BACKUP PAYMENT METHOD). IF THERE IS NO PRIMARY PAYMENT METHOD OR A DESIGNATED BACKUP PAYMENT METHOD ASSOCIATED WITH A SERVICE, OR A BACKUP DESIGNATED PAYMENT METHOD FAILS, YOU AGREE THAT WE MAY ATTEMPT TO CHARGE ANY OTHER PAYMENT METHODS ON FILE IN YOUR ACCOUNT (“ALTERNATE PAYMENT METHODS”). RENEWALS WILL BE CHARGED AT WEBDADDY.PRO’S 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 HERE. 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 WEBDADDY.PRO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, WEBDADDY.PRO WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL, SUBJECT TO SECTION 14(F) BELOW, ATTEMPT TO TAKE PAYMENT FIRST FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT (“PRIMARY PAYMENT METHOD”). IF THE PRIMARY PAYMENT METHOD FAILS, WE MAY ATTEMPT PAYMENT FROM YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH WEBDADDY.PRO ("DESIGNATED BACKUP PAYMENT METHOD). IF THERE IS NO PRIMARY PAYMENT METHOD OR A DESIGNATED BACKUP PAYMENT METHOD ASSOCIATED WITH A SERVICE, OR A BACKUP DESIGNATED PAYMENT METHOD FAILS, YOU AGREE THAT WE MAY ATTEMPT TO CHARGE ANY OTHER PAYMENT METHODS ON FILE IN YOUR ACCOUNT (“ALTERNATE PAYMENT METHODS”). RENEWALS WILL BE CHARGED AT WEBDADDY.PRO’S 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 HERE. 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 WEBDADDY.PRO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

IF FOR ANY REASON WEBDADDY.PRO IS UNABLE TO CHARGE YOUR PAYMENT METHOD FOR THE FULL AMOUNT OWED, OR IF WEBDADDY.PRO 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 WEBDADDY.PRO 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. WEBDADDY.PRO ALSO RESERVES THE RIGHT TO CHARGE YOU REASONABLE “ADMINISTRATIVE FEES" FOR (I) TASKS WEBDADDY.PRO MAY PERFORM OUTSIDE THE NORMAL SCOPE OF ITS SERVICES, (II) ADDITIONAL TIME AND/OR COSTS WEBDADDY.PRO MAY INCUR IN PROVIDING ITS SERVICES, AND/OR (III) YOUR NONCOMPLIANCE WITH THIS AGREEMENT (AS DETERMINED BY WEBDADDY.PRO 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 WEBDADDY.PRO STAFF OR BY OUTSIDE FIRMS RETAINED BY WEBDADDY.PRO; (III) RECOUPING ANY AND ALL COSTS AND FEES, INCLUDING THE COST OF SERVICES, INCURRED BY WEBDADDY.PRO 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 WEBDADDY.PRO.

WEBDADDY.PRO 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. ADDITIONALLY, 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 IN OUR REFUND POLICY.

(C) INTERNATIONAL PAYMENT OPTIONS

GODADDY OFFERS A VARIETY OF ALTERNATIVE INTERNATIONAL PAYMENT OPTIONS THROUGH A VARIETY OF INTERNATIONAL PAYMENT PROVIDERS (“IPP”). IN THE EVENT YOU SELECT AN IPP, YOU REPRESENT THAT YOU HAVE ALREADY AGREED TO ANY AND ALL OF THE IPP’S APPLICABLE CUSTOMER SERVICE AGREEMENTS IN ADVANCE OF COMPLETING YOUR TRANSACTION AT GODADDY. YOU ALSO AGREE TO ALLOW THE IPP TO DEBIT THE FULL AMOUNT OF YOUR PURCHASE FROM THE SELECTED ACCOUNT OR PAYMENT METHOD, COLLECTIVELY “FUNDING SOURCES”. IN ADDITION, YOU AGREE TO ALLOW THE SELECTED IPP TO DEBIT, IF APPLICABLE, AN “EXCHANGE RATE CONVERSION FEE”, AS WELL AS ANY OTHER FEES OR CHARGES APPLICABLE TO YOUR AGREEMENT WITH THE IPP (COLLECTIVELY, THE “IPP FEES”), FROM YOUR FUNDING SOURCES. YOU UNDERSTAND AND AGREE THAT IPP FEES ARE SUBJECT TO CHANGE AT ANY TIME BY THE IPP WITHOUT NOTICE TO YOU BY GODADDY.

IT IS YOUR RESPONSIBILITY TO KEEP YOUR FUNDING SOURCES CURRENT AND FUNDED. YOU AGREE THAT (I) THE IPP OR WEBDADDY.PRO RESERVE THE RIGHT TO DECLINE A TRANSACTION FOR ANY REASON, AND (II) NEITHER THE IPP NOR WEBDADDY.PRO SHALL BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. YOU ACKNOWLEDGE THAT WEBDADDY.PRO WILL NOT ATTEMPT TO FULFILL THE SERVICES PURCHASED BY YOU UNTIL WEBDADDY.PRO RECEIVES CONFIRMATION OF PAYMENT FROM THE IPP THROUGH ITS ASSOCIATED PAYMENT PROCESSOR. THERE MAY BE A GAP OF SEVERAL HOURS OR DAYS BETWEEN THE TIME YOU PLACE AN ORDER AND THE TIME THE IPP CONFIRMS PAYMENT THROUGH ITS ASSOCIATED PAYMENT PROCESSOR. IF WEBDADDY.PRO DOES NOT RECEIVE CONFIRMATION OF PAYMENT FROM THE IPP THROUGH ITS ASSOCIATED PAYMENT PROCESSOR WITHIN THIRTY (30) DAYS FROM WHEN THE ORDER IS PLACED, YOUR ORDER MAY BE CANCELLED. IN SUCH CASES, YOU WILL NEED TO COMMENCE THE PURCHASE PROCESS AGAIN. IF YOU WISH TO CANCEL PAYMENT FOR A PENDING TRANSACTION, YOU MAY DO SO THROUGH YOUR WEBDADDY.PRO ACCOUNT. PAYMENTS RECEIVED ON PREVIOUSLY CANCELLED ORDERS WILL BE AUTOMATICALLY REFUNDED TO THE ORIGINAL PAYMENT METHOD WHEN POSSIBLE.

IF, AT THE TIME WEBDADDY.PRO RECEIVES CONFIRMATION OF PAYMENT FROM THE IPP (THROUGH ITS ASSOCIATED PAYMENT PROCESSOR), EITHER (I) THE SERVICES (INCLUDING DOMAIN NAMES) ARE NO LONGER AVAILABLE FOR PURCHASE; OR (II) A PENDING ORDER HAS BEEN CANCELLED IN OUR SYSTEMS; OR (III) THE CONFIRMATION OF PAYMENT DOES NOT MATCH THE DOLLAR AMOUNT OF THE PENDING ORDER, AND AS A RESULT YOUR PURCHASE IS EITHER OVER-FUNDED OR UNDER-FUNDED, WEBDADDY.PRO MAY AUTOMATICALLY ISSUE A PARTIAL REFUND (IN THE CASE OF OVER-FUNDING) OR A FULL REFUND (IN THE CASE OF UNDER-FUNDING) TO YOUR FUNDING SOURCE. IF THE IPP (OR ITS ASSOCIATED PAYMENT PROCESSOR) IMPOSES REFUND LIMITATIONS OF ANY KIND, WEBDADDY.PRO RESERVES THE RIGHT TO ISSUE REFUNDS TO AN IN-STORE CREDIT BALANCE OR AS A BANK TRANSFER, WHEN THE PAYMENT PROCESSOR CANNOT REFUND BACK TO THE PAYMENT METHOD. IF YOU RECEIVE A FULL REFUND, YOU WILL NEED TO BEGIN THE PURCHASE PROCESS AGAIN. YOU AGREE THAT THE IPP RESERVES THE RIGHT NOT TO REFUND IPP FEES ASSOCIATED WITH A REFUNDED TRANSACTION. ACCORDINGLY, ANY REFUNDS ISSUED BY WEBDADDY.PRO WILL BE NET OF THE IPP FEES UNLESS OTHERWISE SPECIFIED.

(F) IN-STORE CREDIT BALANCES

IF YOUR WEBDADDY.PRO ACCOUNT CONTAINS A CREDIT ISSUED BY US, IT MAY ONLY BE APPLIED TO THE PURCHASE OF A SERVICE (EACH AN “IN-STORE-CREDIT”) SUBJECT TO THE FOLLOWING TERMS:

  1. YOU MAY APPLY ANY AVAILABLE IN-STORE CREDIT TO ANY FUTURE PURCHASE OF SERVICES IN YOUR ACCOUNT.
  2. YOU AUTHORIZE WEBDADDY.PRO TO APPLY ANY AVAILABLE IN-STORE CREDITS TO ANY UPCOMING PRODUCT RENEWALS, OUTSTANDING ADMINISTRATIVE FEES, CHARGEBACKS, OR OTHER FEES RELATED TO YOUR ACCOUNT, INCLUDING PARTIAL PAYMENTS.

REGARDLESS OF THE AMOUNT OF IN-STORE CREDIT AVAILABLE IN YOUR ACCOUNT, WEBDADDY.PRO IS NOT RESPONSIBLE FOR THE LOSS OF PRODUCTS RESULTING FROM AN INABILITY TO COLLECT FUNDS FROM YOUR PAYMENT METHODS OR THE IN-STORE CREDIT. IN-STORE CREDITS WILL BE APPLIED BASED ON THE CURRENCY SELECTED IN THE SHOPPING CART AT THE TIME OF PURCHASE (OR RENEWAL). IF YOU HAVE MORE THAN ONE IN-STORE CREDIT, THEN THE CREDITS WILL BE PROCESSED ACCORDING TO THE AGE OF THE CREDIT, WITH THE OLDEST IN-STORE CREDIT BEING APPLIED FIRST. IF ADDITIONAL FUNDS ARE REQUIRED TO COMPLETE THE PURCHASE OR RENEWAL, IN-STORE CREDITS HELD IN A NON-SELECTED CURRENCY WILL BE CONVERTED USING WEBDADDY.PRO’S DAILY EXCHANGE RATE BASED ON THE AGE OF THE IN-STORE CREDIT (OLDEST TO NEWEST) UNTIL EITHER (I) ENOUGH FUNDS ARE ALLOCATED TO COMPLETE THE TRANSACTION, OR (II) THERE IS NO AVAILABLE BALANCE LEFT IN YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT AT THE TIME OF CONVERSION, WEBDADDY.PRO MAY ALSO IMPOSE AN ADDITIONAL ADMINISTRATIVE FEE.

 

YOU CAN VERIFY YOUR AVAILABLE IN-STORE CREDITS AT ANY TIME THROUGH YOUR ACCOUNT ON THE WEBDADDY.PRO WEBSITE. PLEASE NOTE THAT IN-STORE CREDITS ARE NON-TRANSFERABLE, MAY ONLY BE USED IN THE ACCOUNT IN WHICH THEY WERE ACQUIRED, AND MAY EXPIRE. COMPLIMENTARY IN-STORE CREDITS WILL EXPIRE TWO YEARS AFTER ISSUANCE OR WITHIN ANY OTHER TIME PERIOD SPECIFIED BY WEBDADDY.PRO. IN THE EVENT THAT WEBDADDY.PRO TERMINATES YOUR ACCOUNT, ANY REMAINING AVAILABLE IN-STORE CREDITS WILL BE FORFEITED.

ADDITIONALLY, THE FUNDS ASSOCIATED WITH YOUR IN-STORE CREDITS WILL BE HELD BY WEBDADDY.PRO AND WILL NOT ACCRUE INTEREST ON YOUR BEHALF. IF ANY INTEREST DOES ACCRUE, YOU AGREE THAT WEBDADDY.PRO IS ENTITLED TO RECEIVE AND KEEP THOSE AMOUNTS TO COVER COSTS ASSOCIATED WITH SUPPORTING THE IN-STORE CREDITS FUNCTIONALITY.

 

(G) EXPIRED DOMAIN NAME PURCHASES

FOR EXPIRED DOMAIN NAMES PURCHASED THROUGH YOUR ACCOUNT, YOU AGREE THAT YOU ARE RESPONSIBLE FOR PAYMENT WITHIN FORTY-EIGHT (48) HOURS OF AUCTION CLOSE FOR THE SUCCESSFUL BID AMOUNT PLUS THE ONE (1) YEAR RENEWAL OR TRANSFER FEE (FROM THE END OF THE DOMAIN NAME’S PREVIOUS REGISTRATION PERIOD), PLUS ICANN FEE, IF APPLICABLE, OR ANY VALID PAYMENT METHOD ASSOCIATED WITH THE ACCOUNT, WILL BE CHARGED ON THE THIRD DAY FOLLOWING THE AUCTION CLOSE. IF WE ARE UNABLE TO COLLECT PAYMENT, YOU MAY LOSE THE RIGHTS TO PURCHASE THE DOMAIN NAME.

(H) GENERAL TERMS REGARDING PAYOUTS FROM WEBDADDY.PRO

WEBDADDY.PRO WILL MAKE ANY PAYMENT(S) OWED TO YOU TO THE PAYMENT METHOD OF YOUR CHOICE, SUBJECT TO THE TERMS BELOW (“PAYOUT(S)”). IN ORDER TO RECEIVE A PAYOUT FROM WEBDADDY.PRO, YOU WILL NEED TO SET UP A PAYEE AND ASSIGN IT TO YOUR ACCOUNT.

SET UP A PAYEE ACCOUNT

PAYEE ACCOUNT INFORMATION

FEE CHANGES

 

  1. ADDITIONAL RESERVATION OF RIGHTS

GODADDY EXPRESSLY RESERVES THE RIGHT TO ACCESS ANY ACCOUNT AND ANY DATA HOSTED BY YOU THROUGH THE SERVICES, AS WELL AS 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 GODADDY IN ITS SOLE AND ABSOLUTE DISCRETION), INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (I) TO CORRECT MISTAKES MADE BY GODADDY 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 GODADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS GODADDY'S AFFILIATES, INCLUDING, BUT NOT LIMITED TO, INSTANCES WHERE YOU HAVE SUED OR THREATENED TO SUE GODADDY, 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 GODADDY’S BUSINESS, OPERATIONS, REPUTATION OR SHAREHOLDERS.

WEBDADDY.PRO SIMILARLY 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.

WEBDADDY.PRO ALSO RESERVES THE RIGHT TO TERMINATE, WITHOUT NOTICE TO YOU, ANY AND ALL SERVICES WHERE, IN WEBDADDY.PRO’S SOLE DISCRETION, YOU ARE HARASSING OR THREATENING WEBDADDY.PRO AND/OR ANY OF WEBDADDY.PRO’S EMPLOYEES.

 

WEBDADDY.PRO CONTENT. EXCEPT FOR USER CONTENT, THE CONTENT ON THIS SITE AND WITHIN THE SERVICES, INCLUDING WITHOUT LIMITATION WEBDADDY.PRO DATA AND THE TEXT, SOFTWARE, SCRIPTS, SOURCE CODE, API, GRAPHICS, PHOTOS, SOUNDS, MUSIC, VIDEOS, AND INTERACTIVE FEATURES AND THE TRADEMARKS, SERVICE MARKS, LOGOS CONTAINED ON THIS SITE AND WITHIN THE SERVICES (“WEBDADDY.PRO CONTENT”), ARE OWNED BY OR LICENSED TO WEBDADDY.PRO 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. WEBDADDY.PRO 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 WEBDADDY.PRO. NO RIGHT OR LICENSE UNDER ANY COPYRIGHT, TRADEMARK, PATENT, OR OTHER PROPRIETARY RIGHT OR LICENSE IS GRANTED BY THIS AGREEMENT. WEBDADDY.PRO RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE WEBDADDY.PRO CONTENT, THIS SITE, AND THE SERVICES, AND THIS AGREEMENT DOES NOT TRANSFER OWNERSHIP OF ANY OF THESE RIGHTS.

  1. 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.

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:

  1. EMAIL MESSAGES
  2. NEWSGROUP POSTINGS
  3. WINDOWS SYSTEM MESSAGES
  4. POP-UP MESSAGES (AKA "ADWARE" OR "SPYWARE" MESSAGES)
  5. INSTANT MESSAGES (USING AOL, MSN, YAHOO OR OTHER INSTANT MESSENGER PROGRAMS)
  6. ONLINE CHAT ROOM ADVERTISEMENTS
  7. GUESTBOOK OR WEBSITE FORUM POSTINGS
  8. FACSIMILE SOLICITATIONS
  9. TEXT/SMS MESSAGES


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 ABIDE BY ALL APPLICABLE LAWS AND REGULATIONS IN THE GEOGRAPHIC REGIONS IN WHICH YOU USE AND OR DIRECT THE USE OF THE SITE AND SERVICES, WHICH INCLUDE BUT ARE NOT LIMITED TO THE CAN-SPAM ACT OF 2003 AND THE TELEPHONE CONSUMER PROTECTION ACT IN THE UNITED STATES. 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.


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 $2.00 FOR EACH PIECE OF SPAM OR UNSOLICITED BULK EMAIL TRANSMITTED FROM OR OTHERWISE CONNECTED WITH YOUR ACCOUNT.

  1. TRADEMARK AND/OR COPYRIGHT CLAIMS

WEBDADDY.PRO ALSO STANDS FIRMLY IN SUPPORT OF INTELLECTUAL PROPERTY PROTECTION. IF YOU WISH TO SUBMIT EITHER OF THE FOLLOWING CLAIMS:

  1. TRADEMARK CLAIM: IF YOU BELIEVE THERE HAS BEEN A VIOLATION OF A MARK ON WHICH YOU HOLD A VALID, REGISTERED TRADEMARK OR SERVICE MARK.
  2. COPYRIGHT CLAIM: IF YOU HOLD A BONA FIDE COPYRIGHT AND BELIEVE THERE HAS BEEN INFRINGEMENT RELATED TO MATERIAL UNDER YOUR COPYRIGHT.

PLEASE REFER TO WEBDADDY.PRO’S TRADEMARK AND/OR COPYRIGHT INFRINGEMENT POLICY FOR FURTHER GUIDANCE. WE ARE COMMITTED TO SAFEGUARDING INTELLECTUAL PROPERTY RIGHTS! 📜🔒

 

  1. LINKS TO THIRD-PARTY WEBSITES

WEBDADDY.PRO ALSO ACKNOWLEDGES THE IMPORTANCE OF THIRD-PARTY WEBSITES. WHILE OUR SITE AND SERVICES MAY CONTAIN LINKS TO SUCH EXTERNAL SITES, PLEASE NOTE THE FOLLOWING:

BY USING OUR SITE OR THE SERVICES FOUND HERE, YOU EXPRESSLY RELEASE WEBDADDY.PRO FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. WE ENCOURAGE YOU TO EXERCISE CAUTION AND REVIEW THE TERMS, PRIVACY POLICIES, AND OTHER GOVERNING DOCUMENTS OF EACH EXTERNAL WEBSITE YOU VISIT. STAY INFORMED AND MAKE INFORMED CHOICES! 🌐🔍

 

  1. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

WEBDADDY.PRO SHARES A SIMILAR PERSPECTIVE REGARDING REPRESENTATIONS AND WARRANTIES. PLEASE TAKE NOTE OF THE FOLLOWING:

FURTHERMORE, PLEASE BE AWARE THAT AUTO-GENERATED OUTPUTS, INCLUDING TEXT, LOGOS, NAMES, SLOGANS, ETC., HAVE NOT UNDERGONE REVIEW FOR ACCURACY OR INTELLECTUAL PROPERTY CLEARANCE. WEBDADDY.PRO DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF THESE OUTPUTS, NOR DOES IT VERIFY WHETHER THEY MAY INFRINGE ON THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IF YOU INTEND TO RELY ON ANY AUTO-GENERATED OUTPUT, SEEK INDEPENDENT PROFESSIONAL LEGAL ADVICE. LET’S PRIORITIZE ACCURACY AND DUE DILIGENCE! 📜💡


YOU ACKNOWLEDGE AND AGREE THAT NEITHER ORAL NOR WRITTEN INFORMATION OR ADVICE PROVIDED BY WEBDADDY.PRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS WILL:

  1. CONSTITUTE LEGAL OR FINANCIAL ADVICE: SUCH INFORMATION OR ADVICE WILL NOT SERVE AS LEGAL OR FINANCIAL ADVICE.
  2. CREATE A WARRANTY: IT WILL NOT CREATE ANY WARRANTY OF ANY KIND REGARDING THIS SITE OR THE SERVICES FOUND HERE.

USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THIS DISCLAIMER OF REPRESENTATIONS AND WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND HERE. STAY INFORMED AND MAKE INFORMED CHOICES! 📚🔍

 

  1. LIMITATION OF LIABILITY

WEBDADDY.PRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THESE DAMAGES MAY RESULT FROM:

  1. ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE
  2. ACCURACY, COMPLETENESS, OR CONTENT OF LINKED SITES
  3. SERVICES FOUND AT THIS SITE OR LINKED SITES
  4. PERSONAL INJURY OR PROPERTY DAMAGE
  5. THIRD-PARTY CONDUCT
  6. UNAUTHORIZED ACCESS TO OUR SERVERS AND DATA
  7. SERVICE INTERRUPTION OR CESSATION
  8. VIRUSES, WORMS, BUGS, TROJAN HORSES, OR SIMILAR THREATS
  9. REVIEW, SCANNING, ACCESS, OR MODIFICATION OF SERVICES
  10. USER CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, OR HARMFUL
  11. AUTO-GENERATED OUTPUTS CREATED USING THE SERVICES

WEBDADDY.PRO DISCLAIMS ALL WARRANTIES AND ASSUMES NO LIABILITY. REMEMBER THAT THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND HERE. LET’S PROCEED WITH CAUTION AND AWARENESS! 🚫

 

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WEBDADDY.PRO’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 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.

  1. INDEMNITY

YOU AGREE TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS WEBDADDY.PRO 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 WEBDADDY.PRO 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.

  1. COMPLIANCE WITH LOCAL LAWS

WEBDADDY.PRO ASSERTS NO REPRESENTATION OR WARRANTY THAT THE CONTENT ACCESSIBLE ON THIS SITE OR THE SERVICES FOUND AT THIS SITE IS SUITABLE IN EVERY COUNTRY OR JURISDICTION. FURTHERMORE, ACCESS TO THIS SITE OR THE SERVICES FOUND AT THIS SITE FROM COUNTRIES OR JURISDICTIONS WHERE ITS CONTENT IS ILLEGAL IS STRICTLY PROHIBITED. USERS WHO OPT TO ACCESS THIS SITE OR THE SERVICES FOUND AT THIS SITE BEAR THE RESPONSIBILITY FOR ADHERING TO ALL LOCAL LAWS, RULES, AND REGULATIONS. 

  1. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

 

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 WEBDADDY.PRO, EXCEPT FOR DISPUTES GOVERNED BY THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY REFERENCED ABOVE. FOR THE PURPOSES OF THIS SECTION, A “DISPUTE” SHALL MEAN ANY DISPUTE, CLAIM, OR ACTION BETWEEN YOU AND WEBDADDY.PRO ARISING UNDER OR RELATING TO ANY WEBDADDY.PRO SERVICES OR PRODUCTS, WEBDADDY.PRO’S WEBSITES, THIS AGREEMENT, OR ANY OTHER TRANSACTION INVOLVING YOU AND WEBDADDY.PRO, WHETHER IN CONTRACT, WARRANTY, MISREPRESENTATION, FRAUD, TORT, INTENTIONAL TORT, STATUTE, REGULATION, ORDINANCE, OR ANY OTHER LEGAL OR EQUITABLE BASIS. IT SHALL BE INTERPRETED TO BE GIVEN THE BROADEST MEANING ALLOWABLE UNDER LAW. YOU AND WEBDADDY.PRO AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR WEBDADDY.PRO FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. MOREOVER, NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, 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 WEBDADDY.PRO FURTHER AGREE:

  1. ARBITRATION REQUIREMENT: ALL DISPUTES BETWEEN THE PARTIES SHALL BE ARBITRATED IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT.
  2. INTERSTATE COMMERCE: THIS AGREEMENT DOCUMENTS A TRANSACTION IN INTERSTATE COMMERCE.
  3. FEDERAL ARBITRATION ACT (FAA): THE FEDERAL ARBITRATION ACT (9 U.S.C. §1, ET SEQ.) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION.
  4. SURVIVAL: THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
  5. WAIVER OF JUDGE OR JURY: BY OPTING FOR ARBITRATION, YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING. GROUNDS FOR APPEAL ARE LIMITED.
  6. DAMAGES AND RELIEF: THE ARBITRATOR MAY AWARD DAMAGES SIMILAR TO A COURT WITHIN PROPER JURISDICTION, SUBJECT TO THE LIMITATION OF LIABILITY IN SECTION 20 OF THIS AGREEMENT. DECLARATORY OR INJUNCTIVE RELIEF IS GRANTED ONLY TO THE EXTENT NECESSARY FOR INDIVIDUAL CLAIMS.
  7. COST CONSIDERATIONS: IN SOME CASES, ARBITRATION COSTS MAY EXCEED LITIGATION COSTS. DISCOVERY RIGHTS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
  8. ENFORCEABILITY: THE ARBITRATOR’S DECISION IS 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 WEBDADDY.PRO MUST FIRST SEND TO THE OTHER PARTY A NOTICE OF THE DISPUTE THAT SHALL INCLUDE A WRITTEN STATEMENT SETTING 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 WEBDADDY.PRO MUST BE ADDRESSED TO: WEBDADDY.PRO, 100 S. MILL AVE, TEMPE, AZ 85281, ATTN.: LEGAL DEPARTMENT (THE “WEBDADDY.PRO NOTICE ADDRESS”). 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 WEBDADDY.PRO AND YOU DO NOT REACH AN AGREEMENT TO RESOLVE THE DISPUTE WITHIN SIXTY (60) DAYS AFTER THE DISPUTE NOTICE IS RECEIVED, YOU OR WEBDADDY.PRO 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 WEBDADDY.PRO 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 WEBDADDY.PRO 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 THIS AGREEMENT, 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 THIS AGREEMENT, THE RULES SET FORTH IN THIS AGREEMENT 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 20 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 THIS AGREEMENT. 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 THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT 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), OR IN MARICOPA COUNTY, ARIZONA, AT YOUR OPTION.

(G) INITIATION OF ARBITRATION PROCEEDING. IF EITHER YOU OR WEBDADDY.PRO DECIDE TO ARBITRATE A DISPUTE, WE AGREE TO THE FOLLOWING PROCEDURE:

  1. WRITE A DEMAND FOR ARBITRATION: THE DEMAND MUST INCLUDE A DESCRIPTION OF THE DISPUTE AND THE AMOUNT OF DAMAGES SOUGHT TO BE RECOVERED. YOU CAN FIND A COPY OF A DEMAND FOR ARBITRATION AT WWW.ADR.ORG (“DEMAND FOR ARBITRATION: CONSUMER ARBITRATION RULES”).
  2. SEND ONE COPY OF THE DEMAND FOR ARBITRATION TO AAA BY MAIL AT AMERICAN ARBITRATION ASSOCIATION CASE FILING SERVICES, 1101 LAUREL OAK ROAD, SUITE 100, VOORHEES, NJ 08043.
  3. 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 WEBDADDY.PRO OR YOU SHALL NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR DETERMINES THE AMOUNT, IF ANY, TO WHICH YOU OR WEBDADDY.PRO 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.

  1. DISPUTES INVOLVING $75,000.00 OR LESS: WEBDADDY, LLC WILL PROMPTLY REIMBURSE YOUR FILING FEES AND PAY THE AAA’S AND ARBITRATOR’S FEES AND EXPENSES. IF YOU REJECT WEBDADDY’S LAST WRITTEN SETTLEMENT OFFER MADE BEFORE THE ARBITRATOR WAS APPOINTED (“WEBDADDY’S LAST WRITTEN OFFER”), AND YOUR DISPUTE PROCEEDS TO AN ARBITRATOR’S DECISION (CALLED AN “AWARD”) THAT EXCEEDS WEBDADDY’S LAST WRITTEN OFFER, WEBDADDY WILL:

    1. PAY THE GREATER OF THE AWARD OR $1,000.00.
    2. PAY TWICE YOUR REASONABLE ATTORNEY’S FEES, IF ANY.

  2. DISPUTES INVOLVING MORE THAN $75,000.00: THE AAA RULES WILL GOVERN PAYMENT OF FILING FEES AND THE AAA’S AND ARBITRATOR’S FEES AND EXPENSES.

  3. DISPUTES INVOLVING ANY AMOUNT: IN ANY ARBITRATION YOU INITIATE, WEBDADDY, LLC WILL SEEK ITS AAA OR ARBITRATOR’S FEES AND EXPENSES, OR YOUR REIMBURSED FILING FEES, ONLY IF THE ARBITRATOR FINDS THE ARBITRATION FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE. IN ANY ARBITRATION INITIATED BY WEBDADDY, LLC, WEBDADDY, LLC WILL PAY ALL FILING, AAA, AND ARBITRATOR’S FEES AND EXPENSES. WEBDADDY, LLC WILL SEEK ITS ATTORNEY’S FEES OR EXPENSES FROM YOU IN ANY ARBITRATION. FEES AND EXPENSES ARE 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 WEBDADDY.PRO BY E-MAILING LEGALOPTOUT@WEBDADDY.PRO WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). IN THE E-MAIL, YOU MUST PROVIDE YOUR:

AND STATE THE FOLLOWING: “I WISH TO OPT OUT OF THE ARBITRATION PROVISION CONTAINED IN WEBDADDY.PRO’S UNIVERSAL TERMS OF SERVICE AGREEMENT.”

BY PROVIDING YOUR INFORMATION IN THE METHOD ABOVE, YOU ARE OPTING OUT OF THE AGREEMENT TO ARBITRATE CONTAINED IN WEBDADDY.PRO’S UNIVERSAL TERMS OF SERVICE. YOUR OPT-OUT REQUEST WILL ONLY BE VALID IF MADE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THE UNIVERSAL TERMS OF SERVICE. IN THE EVENT THAT YOU OPT-OUT CONSISTENT WITH THE PROCEDURE SET FORTH ABOVE, ALL OTHER TERMS 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 THIS AGREEMENT TO THE CONTRARY, YOU AND WEBDADDY.PRO AGREE THAT IF WEBDADDY.PRO MAKES ANY FUTURE AMENDMENTS TO THE DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER PROVISIONS (OTHER THAN A CHANGE TO WEBDADDY.PRO’S ADDRESS) IN THIS AGREEMENT, WEBDADDY.PRO 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 THIS AGREEMENT 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 THIS AGREEMENT. 

(N) EXCLUSIVE VENUE FOR OTHER CONTROVERSIES. WEBDADDY.PRO 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 MARICOPA COUNTY, ARIZONA, OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 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.

  1. UNCLAIMED PROPERTY; MAINTENANCE CHARGES

PLEASE TAKE NOTE THAT IF A CUSTOMER MAINTAINS AN OUTSTANDING ACCOUNT BALANCE (A CREDIT POSITIVE BALANCE) IN IN-STORE CREDITS, OR ANY OTHER FORM, FOR THREE (3) YEARS OR MORE, WEBDADDY.PRO IS OBLIGATED TO TRANSFER SUCH ACCOUNT BALANCE TO THE RELEVANT U.S. STATE IN ACCORDANCE WITH STATE LAW.

ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT IN-STORE CREDITS WILL BE CONSIDERED INACTIVE IF THEY REMAIN UNUSED FOR 12 MONTHS AND HAVE NOT BEEN UTILIZED TO PAY FOR A SERVICE OR FEE. IN THE CASE OF INACTIVE IN-STORE CREDITS, WEBDADDY.PRO MAY, AS PERMITTED BY LAW, WITHHOLD A MONTHLY MAINTENANCE CHARGE FROM THE AVAILABLE IN-STORE CREDITS. THIS CHARGE WILL BE THE LESSER OF $25.00 OR THE TOTAL IN-STORE CREDITS AVAILABLE ON THE DATE OF THE MAINTENANCE CHARGE. IF NO IN-STORE CREDITS ARE AVAILABLE, FURTHER MAINTENANCE CHARGES WILL NOT BE APPLIED. PLEASE NOTE THAT WE MAY APPLY THE MAINTENANCE CHARGE TO IN-STORE CREDITS WITHOUT PRIOR NOTICE TO YOU.

  1. SUCCESSORS AND ASSIGNS
    THIS AGREEMENT SHALL BE BINDING UPON AND BENEFICIAL TO THE PARTIES HERETO AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS.
  2. NO THIRD-PARTY BENEFICIARIES
    NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO GRANT ANY THIRD-PARTY RIGHTS OR BENEFITS.

 

  1. U.S. EXPORT LAWS

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.

  1. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

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. 




  1. ENGLISH LANGUAGE CONTROLS

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. 

  1. CONTACT INFORMATION

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT US BY EMAIL OR REGULAR MAIL AT THE FOLLOWING ADDRESS:

WEBDADDY.PRO LEGAL DEPARTMENT
℅ SATZ LAW GROUP LLC
277 FAIRFIELD RD
SUITE 212
FAIRFIELD. NJ 07004 USA
LEGAL@WEBDADDY.PRO