THESE ARE THE TERMS AND CONDITIONS (THE "AGREEMENT") APPLICABLE TO THE PURCHASE AND
SALE OF ECOMMERCE SERVICES AMONG YOU ("CUSTOMER", "YOU" OR "YOUR") AND WEB.COM GROUP, INC.
TOGETHER WITH ANY THIRD PARTY VENDORS (COLLECTIVELY, "WEB.COM"). IF YOU DO NOT AGREE TO BE LEGALLY
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY WEB.COM WITHIN THREE (3) DAYS
OF YOUR ORDER DATE, AND THE SERVICES WILL BE CANCELED, A REFUND OF ANY FUNDS ALREADY
PAID WILL BE ISSUED, AND THERE WILL BE NO FURTHER OBLIGATIONS BY EITHER PARTY. FAILURE
TO NOTIFY WEB.COM OF CANCELLATION WITHIN SUCH PERIOD SHALL BE DEEMED TO INDICATE
THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND
BY THEM.
In addition, the customer may elect to purchase additional services from Web.com,
or their partners and/or other third parties, which have their own terms and conditions
agreements and acceptable use agreements, aside from this agreement. Those agreements
will be presented to the customer at the time of purchase and/or account login,
and it is the customers' obligation to review, accept and abide by those agreements
as well as this agreement. Terms and conditions for all of our services can be found
at: http://www.web.com/Legal/Default.aspx
Web.com reserves the right to change or modify any of the terms and conditions contained
in this Agreement at any time and from time to time in its sole discretion, and
to determine whether and when any such changes apply to both existing or future
customers. Web.com may make changes or modifications to referenced policies and
guidelines without notice to you. Your continued use of the Software or Services
following Web.com's posting of any changes or modifications will constitute your
acceptance of such changes or modifications.
Software programs ("Software") referenced in this Agreement are either owned by Web.com or
licensed from a third party.
Web.com provides Software that enables Customers to build online stores through
which they can sell their products and services online. Web.com also provides other
services, including hosting of the online store, site design, email services, marketing
services, domain name registration, and other related services as may be offered
from time to time (collectively, "Services").
This Agreement is effective upon Your use of the Software. By accepting this Agreement
and subject to the terms and conditions of this Agreement, including those terms
and conditions that are set forth on the Web.com website located at www.web.com
("Web.com Site") that are incorporated herein by reference and may be accessed through
links in this Agreement, Web.com will provide You with a limited license to use
the Software and receive the Services.
You authorize Web.com to process any and all of Your account transactions initiated
through the use of the password and/or passphrase that You establish through registration
on the Web.com Site and You are solely responsible for maintaining the confidentiality
of such password and/or passphrase.
Notwithstanding anything contained in the foregoing, this Agreement will not bind
Web.com unless You meet the eligibility criteria for entering into this Agreement
as set forth in Section 1 of this Agreement.
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Eligibility Criteria. The Software license and Services are available
only to, and may only be used by individuals who can form legally binding contracts
under applicable law. Without limiting the foregoing, the Software and Services
are not available to children (persons under the age of 18). If You are registering
as a business entity, You represent that You have the authority to bind the entity
to this Agreement. Web.com uses many techniques to verify the accuracy of the information
You provide when You register on the Web.com Site. If for any reason, Web.com, in
its sole discretion, believes such information to be incorrect, it reserves the
right, without provision of any notice to You, to revoke any and all licenses under
this Agreement or to refuse to provide the Software license and Services under this
Agreement to You.
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Web.com Software and Trademark Ownership and Licenses.
2.1 Software Ownership. Software provided by Web.com, and all worldwide
intellectual property rights therein, are the exclusive property of Web.com. All
rights in and to the Software not expressly granted to You in this Agreement are
reserved by Web.com.
2.2 Software License.Software License. Subject to the terms and
conditions of this Agreement, Web.com grants to You a non-exclusive, non-transferable,
revocable, limited license to remotely access and use the Software on servers operated
by or for Web.com ("Web.com Servers") through the Web.com Site solely for the purpose
of building and maintaining an interactive store hosted by the Web.com Servers on
which You offer Your or a third party's products or services ("Your Store").
2.3 Software License Restrictions. You acknowledge that the Software
and its structure, organization, and source code constitute valuable trade secrets
of Web.com. Accordingly, except as expressly allowed under Section 2.2, You will
not, either directly or through a third party, (a) modify, adapt, alter, translate,
or create derivative works from the Software; (b) distribute, sublicense, lease,
rent, loan, or otherwise transfer the Software to any third party; (c) reverse engineer,
decompile, disassemble, or otherwise attempt to derive the source code for the Software
or (d) transfer your interest in and to Your Store to any third party.
2.4 Web.com Trademark Ownership, License and Restrictions. Subject
to the terms and conditions of this Agreement, and upon Your election to use and
pay applicable fees (if any) for certain features of the Software, Web.com grants
to You a non-exclusive, non-transferable, revocable, royalty-free license (without
the right to grant sublicenses) to use and reproduce those trademarks provided to
you by Web.com under this Agreement ("Web.com Marks"), solely for use in the display
on those locations on Your Store's web pages as designated by Web.com in its sole
discretion, and solely in accordance with Web.com's Trademarks Use Policy, that
is incorporated herein by reference and that Web.com may periodically change from
time to time. Web.com grants no rights in the Web.com Marks other than those expressly
granted in this Section 2.4. You acknowledge Web.com's exclusive ownership of the
Web.com Marks. You agree not to take any action inconsistent with such ownership
and You agree not to adopt, use, or attempt to register any trademarks or trade
names that are confusingly similar to the Web.com Marks or in such a way as to create
combination marks with the Web.com Marks. At Web.com's request (in its sole discretion),
You will immediately discontinue any use and display of the Web.com Marks. You acknowledge
and agree that, except with respect to the trademark license granted herein in and
to the Web.com Marks, no licenses are granted by Web.com to any other trademarks,
service marks, or trade names owned by Web.com, its parent, or affiliates.
2.5 Additional Features. Certain additional features that Web.com
may make available to You may require access to and/or installation of additional
software (including third party software) that is subject to supplemental or independent
terms and conditions ("Additional Software"). Similarly, Web.com may make available
additional services (including third party services) that are subject to supplemental
or independent terms and conditions ("Additional Services"). You agree that You
will not use such Additional Software or Additional Services unless You have agreed
to the applicable terms and conditions, including but not limited to Your payment
of additional fees as required.
Depending on the Services you elect to receive, You may be responsible for establishing
and maintaining a commercial relationship with a financial institution or money
transmitter such as a credit card processor, bank or PayPal. The terms of any such
relationship shall be between You and that entity and such terms may be more restrictive
or place limits on the operation of Your Store - you should contact those entities
for more information regarding such terms.
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Services.
3.1 Services. Upon activation of Your account and subject to the
payment of applicable fees, Web.com will provide certain hosting, support and other
miscellaneous Services for the Software licensed by You under this Agreement and
Your Store during the term of this Agreement as published on the Web.com Site. Your
Store shall be hosted on a Web.com Server on which several merchants may share the
resources and network capacity of that Web.com Server.
3.2 Domain Name Registration. At Your request and subject to Your
agreement to applicable terms and conditions and the payment of applicable fees,
Web.com Additional Services may include acquisition and registration of a second-level
domain name ("Domain Name") for Your Store on Your behalf. You hereby appoint Web.com
and third parties who provide domain name registration services to Web.com as Your
agent in the acquisition, registration and ongoing administration of Domain Names
on Your behalf and You authorize Web.com and third parties who provide domain name
registration services to Web.com to select and issue binding instructions to domain
name registrars and registries used to acquire, register and administer Domain Names
on Your behalf. Web.com provides this Service as a convenience to You only and You
hereby waive any and all claims that You may have, or which may later arise, against
Web.com for any and all damages, losses, claims or expenses arising out of or related
to the acquisition, registration and/or use of such Domain Name. In addition, Web.com
reserves the right, in Web.com's sole discretion, to refuse to acquire or register
any domain name requested by You, and to discontinue the use of any domain name
requested by you.
3.3 Store Design and Customization. At Your request, and subject
to Web.com's acceptance of your request and Your payment of applicable fees, Web.com
will provide design and customization Services for Your Store as provided in this
Section 3.3 and in accordance with Web.com's then current customization terms and
conditions. You shall provide all text, music, sound, photographs, video, graphics,
logo data, software, design, information and all other content for Your Store to
Web.com within a time period designated by Web.com. Web.com shall transfer all Your
content into electronic form and a user-accessible format.
3.4 Changes in Services. Web.com reserves the right to change,
amend and/or otherwise alter the Services provided with equivalent or otherwise
equal Services without prior notice to You. You agree to receive administrative
communications from Web.com in regards to the Software, Services, Your account,
policy changes and system updates.
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Your Store & Content Control
4.1 Control of Your Store. You will be solely responsible for the
development, operation and maintenance of Your Store, including the operation of
Your Store, accepting, processing and filing customer orders generated through Your
Store, and handling any customer inquiries, complaints, or disputes arising from
orders or sales generated through Your Store. You agree that Web.com has no obligation
to back-up any data related to Your Store's operations and you should independently
take appropriate steps to maintain such data in accordance with Your needs and requirements.
4.2 Control of Your Store's Content. You will be solely responsible
for creating, managing, editing, reviewing, deleting and otherwise controlling the
content on Your Store, regardless of whether Web.com provides any design or customization
Services to You under this Agreement, including all descriptions of the products
and services You offer to customers of Your Store and user-generated content on
and related to Your Store. As a conduit, Web.com will give You complete discretion
over Your content provided it is compatible and interoperable with the Software
and Services provided by Web.com under this Agreement. You retain all rights, title
and interest in and to all intellectual property rights embodied in Your content,
exclusive of any content provided by Web.com. Notwithstanding anything contained
in the foregoing, if You breach any of the covenants in Section 5.1 of this Agreement,
Web.com is entitled to suspend or terminate Your Store and/or any access to information
or data related to Your account and the Software in accordance with Section 12 of
this Agreement.
4.3 Passive Conduit. You acknowledge that, by only providing You
with the ability to publish and distribute Your own or third party products, services
or content, Web.com and its Software are acting only as passive conduits for the
distribution and/ or publishing of such products, services or content on the Store.
Web.com has no obligation to You or any third party, and undertakes no responsibility,
to review Your Store, the products or services listed therein or any other content,
including but not limited to user-generated content, published and/or distributed
on Your Store to determine whether any such product, service or content may incur
liability to third parties. Notwithstanding anything to the contrary herein, if
Web.com believes in its sole discretion (as applicable) that Your Store or any products,
services, content or other materials in the Store or on Web.com Servers may create
liability for Web.com, You agree that Web.com may take any actions with respect
to the content or materials or Your Store that Web.com believes are prudent or necessary
to minimize or eliminate Web.com's potential liability. Web.com shall, as applicable,
be the sole judge of what content or materials may create liability for Web.com.
4.4 Content License. During the period that Web.com provides Services
to You pursuant to Section 3 of this Agreement, You hereby grant to Web.com and
its subcontractors a non-exclusive, irrevocable, non-sublicenseable, royalty-free,
worldwide license to reproduce, distribute, create derivative works of, transmit,
publicly perform, publicly display and digitally perform Your content solely for
the purposes provided in this Agreement.
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Covenants
5.1 Covenants by You. You covenant that any products, services,
or content published and distributed on Your Store and Your related activities shall
not violate the Web.com Acceptable Use Policy that is incorporated herein by reference
and as it may be amended from time to time, nor shall they:
(i) be false, inaccurate or misleading;
(ii) be fraudulent or involve the sale of counterfeit or stolen
items;
(iii) infringe or misappropriates any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy;
(iv) violate any law, statute, ordinance or regulation (including,
but not limited to, those governing privacy, publicity, export control, consumer
protection, unfair competition, antidiscrimination or false advertising);
(v) be defamatory, trade libelous, unlawfully threatening or harassing,
or advocating, promoting or providing assistance involving violence, significant
risk of death or injury, or other unlawful activities;
(vi) be obscene or contain child pornography;
(vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots,
easter eggs or other computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or personal
information;
(viii) involve the transmission of any unsolicited commercial or
bulk email (known as "spamming") and You shall not use Your account or Your Store
as a return address for unsolicited commercial mail originating elsewhere or participate
in any activities related to so-called pyramid or ponzi schemes;
(ix) involve the collection or attempt to collect personally identifiable
information of any person or entity, except with the express written consent of
that person or entity and of which consent You shall maintain a written record for
a period of three (3) years after any termination of this Agreement;
(x) be harmful or potentially harmful to the Web.com Server structure
as determined in Web.com's sole discretion, including without limitation overloading
the Web.com technical infrastructure;
(xi) involve subleasing Your account or offering "free space" on
or other access to Your account or Your Store to third parties;
(xii) create liability for Web.com and its subcontractors or expose
them to undue risk or otherwise engage in activities that Web.com, in its sole discretion,
determines to be harmful to Web.com's affiliates, operations, reputation, or goodwill;
and
(xiii) link directly or indirectly to or include descriptions of
goods or services that violate any applicable law, statute, ordinance or regulation,
or that violate Web.com's Prohibited and Restricted Items that is incorporated herein
by reference and may be amended from time to time. Furthermore, You agree to display
and adhere to a terms of use or other user-type agreement, as well as a privacy
policy, governing Your operation of Your Store and Your conduct with Your Store's
customers.
5.2 Breach of Covenant. Your failure to comply with the covenants
set forth in Section 5.1 of this Agreement will amount to a breach of this Agreement
and is cause for immediate suspension and/or termination under Section 12 of this
Agreement.
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Fees; Taxes; & Audit Rights
6.1 Fees. You shall pay the fees set forth for the Software license
and Services purchased by You. Web.com reserves the right to change fees for
the Software licenses and its Services from time to time without notice to You. Unless otherwise stated, all fees
are quoted in U.S. Dollars.
6.2 Payment Terms. Web.com will invoice You and You agree to pay
for (i) non-refundable monthly subscription and other annual or one-time fees, in
advance, including fees for the license of Software and Services to be rendered
to You by or on behalf of Web.com in the following month, and (ii) transaction fees
and all other fees designated to be paid in arrears based on the value of goods
and services sold through Your Store during the previous calendar month, in accordance
with the invoicing and payment requirements. Web.com will debit all fees payable
by You to Web.com directly from the credit card or PayPal account designated by
You when You register for Your Web.com account to receive a license to the Software
and receipt of Services from Web.com. Without limiting Web.com's other remedies,
any amount that is not retrievable from Your designated account when due will accrue
a late fee at one and one half percent (1½ %) per month or the maximum rate
permitted by applicable law, whichever is less, from the due date until paid.
6.3 Taxes. All fees under this Agreement exclude all applicable
sales, use, and other taxes and government charges, whether federal, state or foreign,
and You will be responsible for payment of all such taxes (other than taxes based
on Web.com's income), fees, duties, and charges, and any related penalties and interest,
arising from the payment of any and all fees under this Agreement including the
access to or license of the Software and performance of the Services hereunder.
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Disclaimer Of Warranties. Web.com, its suppliers and service providers,
provide the software, additional software, and services, on an "as is" basis and
expressly disclaim any and all express, implied or statutory warranties, including
the warranties of merchantability, fitness for a particular purpose, quiet enjoyment,
title, non-infringement, and warranties arising from a course of dealing, usage
or trade practice are excluded. Web.com, its suppliers and service providers, do
not warrant that the software, additional software, or services will be error-free
or uninterrupted and make no representations regarding uptime, use, data security,
accuracy and reliability of their services. You acknowledge and agree that this
section 7 is reasonable and an essential element of this agreement and that in its
absence, the economic terms of this agreement would be substantially different.
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Limitation Of Liability In no event shall Web.com, its suppliers,
or service providers, or their officers, directors, employees, contractors or agents
be liable for lost profits or any special, incidental or consequential damages arising
out of or in connection with the software, the additional software, the services
or this agreement (however arising, including negligence). Web.com's, its suppliers',
and service providers', cumulative liability, and the liability of their officers,
directors, employees, contractors and agents to you or any third parties in any
circumstance is limited to [the greater of (a)] the amount of fees you pay to Web.com
for (i) the software license and (ii) the Services in the three (3) months immediately
preceding the month in which the action giving rise to the liability first arose,
and (b) one hundred u.s. dollars (u.s. $100). Some States do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to You.
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Indemnitys You agree to indemnify and hold Web.com, its suppliers,
and service providers, and their officers, directors, agents, and employees, harmless
from any and all losses, costs, liabilities or expenses (including without limitation
reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a)
any breach of the covenants in Section 5.1 of this Agreement, (b) any content provided
by You or generated by users of Your Store, (c) any claims arising from the sale
or license of goods or services in Your Store, or (d) any breach of this Agreement
or the documents it incorporates by reference. Web.com's, its suppliers' and service
providers' indemnity rights shall not be limited or offset by any contributory negligence
by Web.com.
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Customer Data, Your Data & Privacy Policy As between Web.com
and You, You shall own all data disclosed by or collected about (a) an individual
or entity that accesses Your Store to browse or shop ("Customer Data"), and (b)
You ("Your Data"). Web.com does not sell or rent Your Data to third parties for
marketing purposes without Your explicit consent and Web.com only uses and disclose
Your Data as described in the Web.com Privacy Information, that is incorporated
herein by reference and as it may be amended from time to time.
Web.com shall collect, store and process Customer Data and Your Data on computers
located in the United States that are protected by physical as well as technological
security devices. If You object to Customer Data or Your Data being collected, stored
or processed in this way, please do not use the Software or Services.
You shall maintain all Customer Data that is collected by or disclosed to You in
trust and confidence and use and disclose such information solely in accordance
with Your privacy policy. You must post, maintain and adhere to Your privacy policy
that informs Your Store customers what Customer Data is collected, how it is used,
the effective date of Your privacy policy and how customers of Your Stores can learn
of changes to Your privacy policy. You shall include a hyperlink to Your privacy
policy on the home page of Your Store and on all pages where You collect Customer
Data. In addition, You must prominently include within Your posted privacy policy
a statement notifying Your customers that Your Store is hosted by Web.com and that
Web.com has access to aggregated information about customers of Your Store in order
for Web.com to analyze performance and make improvements to Web.com products.
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Breach Without limiting other remedies, Web.com may limit Your
activity, issue a warning, temporarily suspend, indefinitely suspend or terminate
Your account or Your Store, in whole or in part, and refuse to provide some or all
of the Software functionality or Services to You if: (a) You fail to pay any fees
in accordance with Section 6 of this Agreement and the Price Policy; (b) You breach
the covenants in Section 5.1 of this Agreement; (c) You breach this Agreement or
the documents it incorporates by reference in any other manner; (d) Web.com is unable
to verify or authenticate any information You provide to Web.com; or (e) Web.com
believes that Your actions may cause financial loss or legal liability for You,
Your Store customers, or Web.com.
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Suspension and Termination
12.1 Suspension. At the discretion of Web.com and for any reason
set forth in Section 12 of this Agreement, Web.com may suspend Your account by deactivating
any access by You or by Your customers to any information contained on the Web.com
Servers related to Your account while maintaining the information and data related
to Your account upon the Web.com Servers. Suspension shall specifically include
the disabling of Your Store and/or any access to information or data related to
Your account. In the event of any such suspension You will be notified and given
an opportunity to correct such breach. In the event that such breach is not corrected
within ten (10) days of the receipt of such notice the account may be terminated
under Section 12.2 of this Agreement. Fees under this Agreement will continue to
accrue on suspended accounts as if they were not suspended. You will remain responsible
for the payment of any such fees during any such period of suspension.
12.2 Termination. This Agreement and all of its terms shall remain
in full force and effect until it is terminated in accordance with the terms of
this Agreement. This Agreement may be terminated either by Web.com (a) immediately
by Web.com, (b) after a period of suspension as set forth in
Section 12.1 of this Agreement, or (c) upon thirty (30) days written notice for
any reason. YOU may terminate this Agreement upon twenty-four hours notice by telephoning
Web.com's designated customer support center. Your termination request may be recorded
by Web.com and will require Your user name and password and verification code.
12.3 Rights Upon Termination. In the event of expiration or termination
for any reason, the licenses granted under Section 2 of this Agreement shall automatically
and immediately cease and You shall destroy all copies of the Software in Your possession,
if any. Upon termination, there will be no refund provided to You except as set
forth in the Price Policy and all outstanding fees owed by You shall become immediately
due and payable. Termination shall not affect the rights of Web.com to recover from
You losses, damages, indemnity, defense costs, expert costs, collection costs and/or
attorneys fees or expert witnesses' cost or other costs of any kind under this Agreement.
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Use of PayPal Some of the licenses for Software and Services may
require You to use PayPal as the Payment Solution for Your Store. Using PayPal as
a "Payment Solution" means that You use PayPal exclusively to process online payments
from Your Store customers. Other licenses will have the option of using PayPal as
a Payment Solution or a Payment Mark or You may choose not to use PayPal. Using
PayPal as a "Payment Mark" means that You are providing PayPal as a payment option
to customers of Your Store in conjunction with a third party online payment processing
solution. In order to use PayPal with Your Store, You are required to sign up for
a Business or Premier PayPal account and comply with the PayPal User Agreement and
PayPal Privacy Policy.
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General
14.1 Governing Law. This Agreement shall be governed in all respects
by the laws of the State of Florida without giving effect to any conflicts of law
principles that would require the application of the laws of a different jurisdiction.
14.2 Legal Compliance. You shall comply with all applicable domestic
and international laws, statutes, ordinances and regulations regarding Your use
of the Software, the Services, and Your listing and sale of products and services
on Your Store.
14.3 No Agency. You and Web.com are independent contractors, and
no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
14.4 Force Majeure. Except for the payment of any fees due and
payable under this Agreement, neither party's delay in the performance of any duties
or obligations under this Agreement will be considered a breach of this Agreement
if such delay is caused by a labor dispute, shortage of materials, fire, earthquake,
flood, failures in electric power or telecommunications services, or any other event
beyond the control of the party.
14.5 Disputes. In the event a dispute arises between You and Web.com,
Web.com goal is to provide You with a neutral and cost effective means of resolving
the dispute quickly. Accordingly, You and Web.com agree that any claim or controversy
at law or equity that arises out of this Agreement, the Software, or Services ("Claims")
shall be resolved in accordance with one of the subsections below or as otherwise
mutually agreed upon in writing by the parties. Before resorting to these alternatives,
Web.com strongly encourages You to first contact Web.com directly as provided in
Section 14.6 to seek a resolution and Web.com will consider reasonable requests
to resolve the dispute through alternative dispute resolution procedures, such as
mediation, as an alternative to litigation.
(a) Binding Arbitration. For any Claim (excluding Claims for injunctive
or other equitable relief) where the total amount of the award sought is less than
$10,000, You or Web.com may elect to resolve the dispute through binding arbitration
conducted by telephone, on-line and/or based solely upon written submissions where
no in-person appearance is required. In such cases, the arbitration shall be administered
by the American Arbitration Association ("AAA") or the Judicial Arbitration and
Mediation Service ("JAMS") in accordance with their applicable rules, or any other
established Alternative Dispute Resolution provider mutually agreed upon by the
parties. Any judgment on the award rendered by the arbitrator may be entered in
any court having jurisdiction thereof.
(b) Court. Alternatively, any Claim may be adjudicated by a court
of competent jurisdiction located in Duval County, Florida or where the defendant
is located (in Web.com's case Jacksonville, Florida, and in Your case Your home
address or principal place of business). You and Web.com agree to submit to the
personal jurisdiction of the courts located within the county of Duval, Florida.
(c) Alternative Dispute Resolution. Alternatively, Web.com will
consider use of other alternative forms of dispute resolution, such as binding arbitration
to be held in Duval County, Florida or another location mutually agreed upon by
the parties. All Claims (excluding requests for injunctive or equitable relief)
between the parties must be resolved using the dispute resolution mechanism that
is selected in accordance with this Section 14.5 by the first party to file a Claim.
Should either party file an action contrary to this Section, the other party may
recover attorneys' fees and costs up to $1000, provided that the party seeking the
award has notified the other party in writing of the improperly filed Claim, and
the other party has failed to withdraw the Claim.
14.6 Notices. Notice to Customer shall be deemed effective when
a) sent via e-mail to the last known Customer contact e-mail address, or if none,
to the last known Customer fax number, or if none, when deposited in first-class
U.S. mail with sufficient postage attached addressed to the last known Customer
mailing address or b) posted at
http://www.web.com/legal/terms-of-service/ecommerce.aspx, as updated from
time to time. Notices required to be given by Customer may be made by calling Web.com
at 1-800-311-2707.
14.7 Assignment. You shall not assign, transfer or delegate this
Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation
in contravention of the foregoing provision shall be null and void. You agree that
this Agreement may be assigned by Web.com, in Web.com's sole discretion.
14.8 No Third Party Beneficiary. You acknowledge and agree that
nothing herein, express or implied, is intended to nor shall be construed to confer
upon or give to any person, other than the parties, any interests, rights, remedies
or other benefits with respect to or in connection with any agreement or provision
contained herein or contemplated hereby.
14.9 Severability; Waiver. If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Web.com's failure to act with respect to a breach
by You or others does not waive Web.com's right to act with respect to subsequent
or similar breaches.
14.10 Construction. Headings are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of such section.
When used in this Agreement, the term "including" means "including without limitation,"
unless expressly stated to the contrary.
14.11 Survival. Sections 2.4 (Ownership), 6.1 (Fees) with respect
to any outstanding fees owed for the Services, 7 (Disclaimer of Warranties), 8 (Limitation
of Liability), 9 (Indemnity), 10 (Customer Data, Your Data, & Privacy Policy), 12.3
(Rights Upon Termination), and 15 (General) shall survive any termination or expiration
of this Agreement.
14.12 Disclosures. The services hereunder are offered by Web.com, located at 12808 Gran Bay Parkway West, Jacksonville, FL 32258.
14.13 Additional Terms The following policies are incorporated
into this Agreement by reference and provide additional terms and conditions related
to the Services offered by Web.com:
(a) Trademarks Use Policy
(b) Acceptable Use Policy
(c) Prohibited and Restricted Items Policy
(d) Privacy Information
Each of these policies may be amended from time to time and the amended policies
shall be automatically effective thirty (30) days after they are initially posted
on the Web.com Site. In addition, when using particular services on the Web.com
Site, You agree that You are subject to any posted policies or rules applicable
to services You use through the Web.com Site, which may be posted from time to time.
All such posted policies or rules are hereby incorporated by reference into this
Agreement.
14.14 Entire Agreement. This Agreement sets forth the entire understanding
and agreement between You and Web.com with respect to the subject matter hereof.