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Love Your Website
Universal Terms of Service Agreement Last Revised: April 1, 2013 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 Love Your Website and you, and is made effective as of the date your services begin. This Agreement sets forth the general terms and conditions of your use of this website (this "Site") and the products and services (collectively, the "Services") found at this Site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site. Your acceptance of Love Your Website services signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and/or agreements, which are incorporated herein by reference: Privacy Policy Anti-Spam Policy Civil Subpoena Policy Criminal Subpoena Policy Dispute On Transfer Away Form Uniform Domain Name Dispute Resolution Policy ICANN Registrar Transfer Dispute Resolution Policy Trademark and/or Copyright Infringement Policy Brand Guidelines Permissions Policy Affiliate Program Service Agreement Billing Agreement The terms "we", "us" or "our" shall refer to Love Your Website. The terms "you", "your" or "User" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Love Your Website, in its sole and absolute discretion, may change or modify this Agreement, and the business policies and/or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately. 2. ELIGIBILITY; AUTHORITY This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. 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" or "User" shall refer to such corporate entity. If, after your acceptance of any services, Love Your Website 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. Love Your Website shall not be liable for any loss or damage resulting from Love Your Website's reliance on any instruction, notice, document or communication reasonably believed by Love Your Website 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, Love Your Website reserves the right (but undertakes no duty) to require additional authentication from you. 3. ACCOUNTS; TRANSFER OF DATA ABROAD (Does not apply to Managed Accounts) Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to have Love Your Website create a customer account (an "Account") for you. You represent and warrant to Love Your Website that all information you provide when we create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Love Your Website has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Love Your Website 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, and Payment Method(s) (as defined below). For security purposes, Love Your Website recommends that you change your password at least once every six (6) months for each Account you have with Love Your Website. You must notify Love Your Website immediately of any breach of security or unauthorized use of your Account. Love Your Website 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 Love Your Website or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. 4. GENERAL RULES OF CONDUCT You acknowledge and agree that: Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent. 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. You will not use this Site or the Services found at this Site in a manner (as determined by Love Your Website in its sole and absolute discretion) that: Is illegal, or promotes or encourages illegal activity; Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior; Promotes, encourages or engages in child pornography or the exploitation of children; Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; 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; Infringes on the intellectual property rights of another User or any other person or entity; 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; Interferes with the operation of this Site or the Services found at this Site; 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; or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Love Your Website or Love Your Website's Services. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Love Your Website. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies. You will not access Love Your Website Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Love Your Website may designate. You agree to back-up all of your User Content so that you can access and use it when needed. Love Your Website 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. You will not use this Site or the Services found at this Site, including any of Love Your Website's related technologies, for any commercial use without Love Your Website's express prior written consent. Love Your Website reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time. 5. YOUR USE OF Love Your Website CONTENT AND USER CONTENT In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Love Your Website Content and User Content posted to Love Your Website's corporate websites (i.e., those sites which Love Your Website directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. Love Your Website Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Love Your Website Content"), are owned by or licensed to Love Your Website 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. Love Your Website 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 Love Your Website. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Love Your Website reserves all rights not expressly granted in and to the Love Your Website Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Love Your Website that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party. Security. You agree not to 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 Love Your Website Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Love Your Website Content or the User Content therein. 6. Love Your Website'S USE OF USER CONTENT The provisions in this Section 6 apply specifically to Love Your Website's use of User Content posted to Love Your Website's corporate websites (i.e., those sites which Love Your Website directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. Generally. 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. With Respect to User Submissions. You acknowledge and agree that: Your User Submissions are entirely voluntary. Your User Submissions do not establish a confidential relationship or obligate Love Your Website to treat your User Submissions as confidential or secret. Love Your Website has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions. Love Your Website may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action. Love Your Website shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. With Respect to User Content (Other Than User Submissions). If you have a website hosted by Love Your Website or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website. However, if you post or publish your User Content to this Site, you authorize Love Your Website to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant Love Your Website 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 and Love Your Website's (and Love Your Website'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 Love Your Website may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Love Your Website shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Site or Love Your Website's (or Love Your Website's affiliates') business(es). 7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY Love Your Website generally does not pre-screen User Content (whether posted to a website hosted by Love Your Website or posted to this Site). However, Love Your Website 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. Love Your Website may remove any item of User Content (whether posted to a website hosted by Love Your Website or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Love Your Website in its sole and absolute discretion), at any time and without prior notice. Love Your Website may also terminate a User's access to this Site or the Services found at this Site if Love Your Website has reason to believe the User is a repeat offender. If Love Your Website terminates your access to this Site or the Services found at this Site, Love Your Website may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. 8. ADDITIONAL RESERVATION OF RIGHTS Love Your Website expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by Love Your Website 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, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) 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, or (vii) to avoid any civil or criminal liability on the part of Love Your Website, its officers, directors, employees and agents, as well as Love Your Website's affiliates. Love Your Website expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels. Love Your Website expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) that it deems necessary, in its sole and absolute discretion, for unpaid services. 9. NO SPAM; LIQUIDATED DAMAGES You acknowledge you have read, understand and agree to be bound by Love Your Website's Anti-Spam Policy referenced above and available here. You agree Love Your Website may immediately terminate any Account which it believes, in its 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 Love Your Website liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account. 10. TRADEMARK AND/OR COPYRIGHT CLAIMS Love Your Website supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Love Your Website's Trademark and/or Copyright Infringement Policy referenced above and available here. 11. LINKS TO THIRD-PARTY WEBSITES This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Love Your Website. Love Your Website assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Love Your Website does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Love Your Website from any and all liability arising from your use of any third-party website. Accordingly, Love Your Website encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. 12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". Love Your Website, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Love Your Website, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Love Your Website ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Love Your Website, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 13. LIMITATION OF LIABILITY IN NO EVENT SHALL Love Your Website, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Love Your Website IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Love Your Website's total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action. 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. 14. INDEMNITY You agree to protect, defend, indemnify and hold harmless Love Your Website and its officers, directors, employees, and agents, 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 Love Your Website 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 corporate policies and/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. 15. FEES AND PAYMENTS You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Love Your Website expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. Where refunds are issued, Love Your Website's issuance of a refund receipt is confirmation that Love Your Website has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle. Except as prohibited in any product-specific agreement, you may pay for Services by providing a valid credit card, an electronic check (from your personal or business checking account, as appropriate), PayPal (as defined below), or by sending Love Your Website a USPS check ormoney order. Your Payment Method on file must be kept valid if you have any active Services in your Account. For Love Your Website Affiliate buyers, you may use either a valid credit card or paypal to make purchases. For Love Your Website Affiliate buyers, Love Your Website Affiliate purchases and transactions are governed by the Love Your Website Affiliate Returns and Refunds Policy in effect on the date of the purchase or transaction in question. Some Love Your Website Services offer an automatic renewal option. While the details of the automatic renewal option vary from Service to Service, generally the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you select the manual renewal option, Love Your Website will automatically renew your Services when they come up for renewal and will take payment from the Payment Method you have on file with Love Your Website at Love Your Website's then current rates. If you are being billed on a monthly basis, your monthly billing date will always be the 1st of every month. In an effort to ensure that there is no interruption of Services, Love Your Website may participate in "recurring billing programs" or "account updater services" supported by your credit card provider (and ultimately dependent on your bank's participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Love Your Website will automatically update your payment profile on your behalf. Love Your Website makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and Love Your Website shall not be liable to you or any third party regarding the same. If for any reason Love Your Website is unable to charge your Payment Method for the full amount owed for the Services provided, or if Love Your Website is charged a penalty for any fee it previously charged to your Payment Method, you agree that Love Your Website may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason Love Your Website is unable to charge your credit card with the full amount owed for the Services provided, or if Love Your Website is charged back for any fee it previously charged to the credit card you provided, you agree that Love Your Website may pursue all available lawful remedies in order to obtain payment. You agree that the remedies Love Your Website may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf. Love Your Website reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks Love Your Website may perform outside the normal scope of its Services, (ii) additional time and/or costs Love Your Website may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Love Your Website in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, Alipay, and Certegy (as defined below), fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with Love Your Website. For Love Your Website Affiliate buyers, if Love Your Website has not received payment for a transaction or Love Your Website has received a chargeback for all or any portion of the transaction, you understand that in addition to any administrative fees or processing fees Love Your Website may charge for the handling of the chargeback, the Love Your Website Affiliate seller may also pursue all available lawful remedies in order to (i) collect payment (plus applicable fees) or (ii) obtain the lost merchandise. Love Your Website is not responsible for the actions of the Love Your Website Affiliate sellers. While all transactions are processed in U.S. dollars, Love Your Website may provide an estimated conversion price to currencies other than U.S. dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimated conversion price at the time of purchase. Due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Love Your Website makes no representations or warranties that the estimated conversion price will be the same as, or reflective of, either (a) the amount processed or (b) the amount posted to your bank statement, and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, you acknowledge and agree that you may be charged exchange rate conversion fees, 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. (A) PAY BY PAYPAL By using Love Your Website's pay by PayPal option ("PayPal"), you can purchase Love Your Website Services using PayPal. In connection therewith, you agree to allow Paypal, Inc. ("PayPal") to debit the full amount of your purchase from your PayPal account, which is non-refundable. PayPal will create an electronic funds transfer ("EFT") or bank draft which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and the check must be payable in U.S. dollars. It is your responsibility to keep your PayPal Account current and funded. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Love Your Website shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, you agree that PayPal and Love Your Website may pursue all available lawful remedies in order to obtain payment (plus applicable fees). Love Your Website is not responsible for the actions of PayPal. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees provided below, or as otherwise permitted by law. These fees may be debited from your Checking Account using an EFT or bank draft. (B) PAY BY CHECK OR ELECTRONIC CHECK) By using Love Your Website's pay by check option ("Pay By Check"), you can purchase Love Your Website Services using an electronic check (from your personal or business checking account, as appropriate). You agree to allow your bank to debit the full amount of your purchase from your checking account ("Checking Account"), which is non-refundable. Love Your Website will create an electronic funds transfer ("EFT") or bank draft which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and the check must be payable in U.S. dollars. It is your responsibility to keep your Checking Account current and funded. You acknowledge and agree that (i) Love Your Website reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, Love Your Website shall not be liable to you or any third party regarding the same. If for any reason Love Your Website is unable to withdraw the full amount owed for the Services provided, you agree that Love Your Website may pursue all available lawful remedies in order to obtain payment (plus applicable fees). Love Your Website is not responsible for the actions of your banking institution. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees provided below, or as otherwise permitted by law. These fees may be debited from your Checking Account using an EFT or bank draft. AK $30 IN $20 MO $25 OK $25 VT $25 AZ $25 IA $30 MT $30 OR $25 VI $15 AR $25 KS $30 NE $25 PA $25 VA $50 CA $25 KY $25 NV $25 PR $15 WA $25 CO $40 ME $25 NH $25 RI $25 WV $25 CT $20 MD $35 NJ $25 SC $30 WI $25 DE $40 MA $25 NM $25 SD $40 WY $30 DC $15 MI $25 NY $20 TN $30 HI $30 MN $30 NC $25 TX $30 FL: $25.00 for face value less than or equal to $50.00 $30.00 for face value of $50.01 up to and including $300.00 $40.00 for face value greater than $300.00 Or five percent (5%) of face value, whichever is greater GA: $30.00 or five percent (5%) of face value of check, whichever is greater ID: $20.00 or face value of check, whichever is less LA: $25.00 or five percent (5%) of face value of check, whichever is greater OH: $30.00 or ten percent (10%) of face value of check, whichever is greater By clicking the box labeled "I agree" to the terms of the Pay by Check Agreement, you authorize the information provided to be used for the creation of an EFT or bank draft and you authorize a debit of the full amount of your purchase from your Checking Account. In addition, in the event (i) the Services (including domain names) in your shopping cart are no longer available for purchase by the time Love Your Website receives confirmation of payment, or (ii) you change the Services (including domain names) in your shopping cart after Love Your Website redirects you for payment (and, as a result, your purchase is either over-funded or under-funded), Love Your Website will automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Account. If you receive a full refund (in the case of under-funding), you will have to begin the purchase process again. You acknowledge and agree that Love Your Website reserves the right not to refund the any Fees associated with an over-funded or under-funded transaction. Accordingly, any refunds issued by Love Your Website may be net of the Fees unless otherwise specified. By clicking the box labeled "Pay Online" you agree to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase (as well as the PayPal Fees) from your Paypal Account. 16. MANAGED SERVICES - POST MONTHLY BILLING All monetary transactions, including credit card charges, will occur in US dollars ($). All services are on a monthly post-payment basis. Monthly charges and the current balance due are always available via the Web Billing Services link provided to you at the time of initial setup. You agree to pay any and all prices and fees due for Services purchased at this Site, or through verbal communication with Love Your Website at the time you order or request the Services, including but not limited to design, programming, hosting, domain registration, and domain transfer. Managed Services will be post billed on the 1st of every month. It is expected that payment is due upon receipt of said billing. Love Your Website is not responsible for any bills lost by the USPS or electronic mail, as your bills are always available online through the link provided to you at the the time of services ordered. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Love Your Website expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal. (A)Late Payments If the Client fails to make an outstanding payment to us by the due date, we reserve the right to refuse to provide the service to the Client until payment for previous service rendered is paid in full. At our sole discretion, if the Client is habitually late in making payments, we reserve the right to require estimated payments to be made in advance, or to require a deposit as a condition of the Client's continued use of the service. For balances more than thirty (30) days old, we may begin charging interest on the entire amount due to the maximum extent permitted by the laws of the State of Illinois. If a payment is more than forty-five (45) days past due, we reserve the right to submit the debt to a collection agency for payment. 17. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 18. NO THIRD-PARTY BENEFICIARIES Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 19. 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 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 to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, 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. 20. COMPLIANCE WITH LOCAL LAWS Love Your Website makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 21. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Maricopa County, Arizona. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. 22. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall for all purposes be construed 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. 23. CONTACT INFORMATION If you have any questions about this Agreement, please contact us by email or regular mail at the following address: Love Your Website Legal Department 3502 Grove Ave Berwyn, IL 60402 legal@loveyourwebsite.com Revised: 8/1/2010 Copyright © 1996-2012 LoveYourWebsite.com, All Rights Reserved. |