All of UUDomains.com's Products and Services and Internet Related Products
and Services are offered to you either an individual or
business entity (hereinafter referred to as "User"
or "Users") "as is" and conditioned on these terms and
conditions, and the terms and conditions of the UUDomains.com
Website Use Policy.
UUDomains.com, its divisions, affiliates, service providers,
and subsidiaries (referred to as "UUD") does not monitor nor does
exercise any control over any User, the content of any web
site, electronic mail transmission, mailing list, or other
material created or accessible over the UUD website, server
or services.
UUD reserves the right to
cancel the service, or remove any materials UUD does become
aware of that are, in UUD's sole discretion, potentially
illegal, could subject UUD to liability, or violate this
policy.
Pricing and Payment on
UUDomains.com Service Orders.
All payments are made in US Dollars unless special
arrangements are made. The pricing, payment schedule and term of any corporate,
business or Internet product or service is determined by the
type of product or service and/or service plan the User
signs up for with UUDomains.com, including, but not limited
to, the use of a Website Lease, Auction Page, Domain Page,
Turn-Key websites, leased domain
name ("Service Order"). Prices are subject
to change at any time without notice. Service Order renewals
are subject to increase a minimum of 10%. All Service Order
requests are subject to acceptance by UUD. Upon acceptance
by UUD of a Service Order request, a written Service Order
proposal outlining the terms of the Service Order is sent to
the User via e-mail or fax.
The Service Order takes effect upon User's
acceptance, and payment is due and payable within 24 hours after
Service Order is completed to User's satisfaction or upon
request by UUD. User may be required to put down a 10%
deposit prior to the commencement of any work.
Unless stated otherwise, the Service Order
will automatically renew for identical successive periods
unless canceled via e-mail or modified by User or UUD prior
to the renewal date.
Any changes made by User to Service Order, which may incur
additional charges, shall be billed separately under a new
invoice. User will receive an e-mail invoice for said
additional charges, and payment is due upon receipt of
e-mail invoice.
UUD may refuse to accept and/or delay acceptance of any Service
Order without notice, or, delay completion of a Service
Order due to pending conditions or requirements UUD may choose
to exercise. Such completion delay may not be
unreasonable, however, and UUD agrees to provide User with
reasonable notice by E-mail or fax of any intent to delay
the completion of any Service Order.
UUD reserves the right to suspend the User's account and
services without notice should there be any problems with
the User's method of payment. This includes expired credit
cards, declined credit cards, inactive credit cards, and
invalid checks.
Unless stated otherwise on a Service
Order, UUD does not offer a money back
guarantee. In the event a money back guarantee is offered, it would be limited
to a 30-Day money back guarantee from the date of the Service Order, and shall
exclude setup fees, membership fees, and/ or installation charges, if
any. Refunds are processed within 60 days by
check. UUD will not
issue refunds or credits past the 30-Day money back
guarantee.
General
UUD does not guarantee or represent that
any product or service offered or rendered under a Service
Order, including, Products and Services, web services, Domain Pages,
Auction Page, Featured Seller
Page, Website Lease, Turn-Key websites, leased or financed domain names,
or any other product
or service offered or rendered by UUD, and/or any
advertisement purchased by a User would guarantee
success or meet the User's expectation or requirements. Further,
UUD will not be liable for any
losses, including losses that a User may incur due to interruption of service, or the
interruption of the UUD system. The Website Lease, Turn-Key websites, Domain Page, Auction Page, Featured Seller Page, and related URL, leased or financed domain names, and every other product or service offered or
rendered by UUD are the property of UUD,
and may be discontinued by UUD at any time. In such an
event, a refund is limited to the prepaid pro-rate
monthly charge or prepaid pro-rated pricing schedule of the product or service
rendered.
Unless otherwise stated, a User is not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the
product(s), service(s), processes or technology described in
a Service Order, or under any product or service offered or
rendered to a User, including, Website Lease, Domain Page,
Auction Page, Turn-Key websites, Featured
Seller Page, leased or financed domain names, or any other
product or service offered or rendered by UUD. All such rights are owned and retained by
UUD, its affiliates and/or any third party owner of such
rights.
UUD does not guarantee or
represent that you will sell your domain name as a result of
the Domain Page, Auction Page, Featured Seller Page or
through any other UUD product or service, nor that any UUD
product or service would guarantee success. On services that
include search engine registration, UUD does not guarantee
of represent that your website, web page, business, company,
Domain Page, Website Lease, Auction Page, Turn-Key websites or Featured Seller page would be
listed at top levels or first few pages in search engines.
UUD shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from
User or UUD's website or server. User agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.
UUD will exercise no control whatsoever
over the User and/or User's content of the information
passing through the UUD's website, server, network, service
or on the User's web sites.
UUD makes no warranties or guarantees of any kind, whether
expressed or implied for the service it is providing under any
Service Order. UUD also disclaims any warranty of
merchantability or fitness for particular purpose and will
not be responsible for any damages that may be suffered by
the User, including loss of data resulting from delays,
non-deliveries or service interruptions, or gaps by any
cause or errors or omissions of the User.
UUD is not responsible for any loss, erasure, or corruption
of User's computer, data or files whatsoever. Use of any
User information product or service obtained by way of UUD
is at Users and others own risk, and UUD specifically denies
any responsibility for the accuracy or quality of
information obtained through its services.
Connection speed represents the speed of connection to UUD
and does not represent guarantees of available end to end
bandwidth. UUD expressly limits its damages to the User for
any non-accessibility time or other down time to the
pro-rate monthly charge or pricing schedule during the
system unavailability.
UUD may impose reasonable rules and regulations regarding
the use of its service under any Service Order. Users shall
impose such rules and regulations on its customers to the
extent necessary to ensure compliance.
Bulk e-mail sent through a mail service external to our
system can not contain an e-mail address or a domain name
that is hosted by UUD . This generally results in complaints
being forwarded to our administrative staff and will be
cause for immediate account termination or suspension
without prior notification.
The UUD company names and logos, products and services, web
services, and all related product and service names, including,
but not limited to domain
names, websites, web pages, Featured Seller Page, Website Lease,
Auction Page, Turn-Key websites, Domain Page,
and/or any other website, web page or domain name that
is leased or financed to any User, other domain name(s) and/or
websites owned by UUD, other related or associated domain names,
leased domain name(s) or leased website(s), internet addresses,
domain name(s) or Uniform Resource Locator ("URL"), or URL
associated with a Domain Page, Website Lease, Auction Page, Features
Seller Page, or products and/or services, or products or
services under Service Orders, design marks and slogans (“collectively, “UUD
Mark”) are the property of UUD or its affiliates. User does not retain any rights whatsoever
in any UUD Mark, or any UUD Mark associated with any User or
User's online business under a product or service provided
by UUD to User, and/or under any service provided by UUD,
including products or services provided under any Service Order.
Unless otherwise stated in a Service
Order, Users are not authorized to use any UUD Mark in any advertising, publicity or in any other commercial manner without the prior written consent of
UUD.
UUD may grant a User, non-transferable and
non-exclusive limited right and limited license to use
certain UUD Mark, when such UUD Mark is being used by User under
a separate lease or finance agreement with UUD in form and
substance acceptable to UUD, or an agreement
to lease a domain name, or Website Lease, Turn-Key website, Domain Page, or
finance the purchase of a domain name, provided
that User do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublease, sublicense, grant a security
interest in or otherwise transfer any right in the UUD Mark.
User agree not to modify a UUD Mark and/or in any manner or
form, or to use modified versions of the UUD Mark and/or
Software. The limited license may be revoked by UUD at any
time after giving you a 30-day notice via email, fax or US
Mail, or revoked without notice at any time, in the event
User is in default, fails to comply with any provision under
this agreement, any other agreement or Service Order UUD has
reached or contracted with User.
User agree not to sell, resell, sublease,
sublicense a domain name that is leased or financed to a
User, a Website Lease, Domain Page, Turn-Key website, Featured Seller Page or
any other UUD Mark.
A domain name that is leased or financed to a User, a
Website Lease, Domain Page and Featured Seller Page are the
property of UUD. When it apply to a domain name that is sold
to a User under a financing agreement, the financed domain
name remains the property of UUD, until the financed domain
name is paid in full pursuant to the terms of the financing
agreement. In the event of a financing agreement
default, the service will be terminated and payments
made by User are non-refundable and User shall have to
further right to use the domain name.
Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which
User sends to UUD will be treated as being nonconfidential and nonproprietary.
UUD assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction.
UUD will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
UUD may also use User's status as a subscriber to the Service for the purpose of marketing to
User other UUD products and services.
The network resources of UUD and/or any
UUD affiliate may not be used to impersonate another person or misrepresent authorization to act on behalf of others or
UUD. All messages via UUD should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use
UUD's server for mass e-mail or "spamming" purposes.
UUD's services may not be used for illegal purposes, or in support of illegal activities.
UUD reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
(1) Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
(2) Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
(3)Threatening bodily harm or property damage to individuals or groups.
(4) Making fraudulent offers of products, items, or services originating from your account.
(5) Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
(6) Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address.
(7) Forging any message header, in part or whole, of any electronic transmission, originating or passing through
UUD services. (8) Distributing viruses to or from UUD systems.
Charges for Space and Server Traffic Above and Beyond that which are Allocated in
User's Hosting Plan and/or Service Order: (1) user agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package
and/or Service Order that User has selected. Said charges will be prorated and will appear on the following invoice.
(2) User agrees that it will be charged and will remit payment for extra server storage space and extra e-mail accounts pursuant to the web site hosting package that
User has selected. Said charges will be prorated and appear on the following invoice.
Financial Services
UUD is a direct lender for the financing and
leasing of certain domain names that are offered for sale or
lease on the UUD Site. UUD also works with third-party
direct business lenders for online financial services, that
include, but not limited
to, equipment leasing and finance, business loans, asset-based lending,
SBA loans, accounts receivable financing and business insurance ("Financial Services).
Financial Services are offered by third-party direct lenders
("Lender(s) or Agent(s)") subject to their individual terms and
conditions.
Financial Services are offered to our Users for
convenience only, and User's use of the Financial Services are at user's own risk.
UUD will only work with Lenders or Agents that are national major Lenders or
Agents. All Financial Services are subject to, among other things, financial, collateral and credit qualifications and final approval by the Lender or Agent. Unless
otherwise stated, UUD will not be the lender on any of the
Financial Services offered on this Site. Rather, Financial
Services are referred to third-party Lenders on a referral
basis. The User would communicate directly with the Lender or Agent
and unless User request that UUD assist with the financing
process, all further dealings will be between the User and the Lender or
Agent.
UUD, Lender or Agent has no obligation to
consider your request for financing or for any Financial
Services offered on this Site or offered by any Lender or
Agent. Further, no User should make any commitment relying on the
products and services and/or Financial Services
offered on this Site or offered by any Lender or Agent. User agree to hold
UUD free of any liability whatsoever as a result of any dealings
between User and a Lender or Agent. UUD is not an agent for you or any Lender or Agent. The Lender or Agent is solely responsible for its services to you, and you agree that
UUD shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such Financial
Services or your business dealings with any Lender or Agent.
UUD does not guarantee that a User would secure a loan or a lease, or credit facility, or insurance
policy or the loan/lease or insurance terms or rates offered and made available by the Lender or Agent are the best terms or lowest rates available in the market.
UUD also does not guarantee that you will be able to obtain a loan, lease or credit facility, or insurance policy from any lender or Agent; loan approval and Financial Services
approval standards are established and maintained solely by individual Lenders or Agents. Other
restrictions and conditions apply. Void where prohibited or restricted by law.
No Professional Advice
The information, listings and
postings appearing in the Financial Services page, and/or
within the Site and in email alerts and/or other business
information, and/or certain products and services is/are
intended solely as general guidance and information, and
does not constitute legal, tax, accounting or other
professional advice. Financing, real estate and other
business related contracts, closing procedures and
disclosures are in part guided by state law. Individual
situations and state laws vary and Users are encouraged to
obtain appropriate advice from qualified professionals in
the applicable jurisdictions.
Termination
UUD may terminate any Service Order or product or service, including,
but not limited to, domain names that are leased to a User,
Domain Page, Turn-Key website, Website Lease and domain
names(s) associated with any of the services offered by UUD,
without
cause, by giving the other party 30 days notice via e-mail
or fax. In such event, User shall receive a refund of any of
User's prepaid amount equal to the unused and prorated
portion of service excluding any membership fees and setup charges.
User shall not be entitled to a refund, if the service was
not prepaid or for payments made to date of service
termination. Notwithstanding the above, UUD may terminate the service
under any Service Order at any time, without prorated
payments, if the
User fails to comply with the terms of the Service Order or
any provision under this agreement. If a User owns the
domain name, it is the User's
responsibility to point their domain(s) to another service
provider upon termination, cancellation or discontinuation
of service.
Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
UUD and User agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
Disputes
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than
any injunctive relief shall be subject to arbitration upon written demand of either party. Arbitration shall take place in
Broward County, Florida or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.
Confidentiality
User acknowledges that by reason of their relationship, both
User and UUD may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both
UUD and User agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
User and UUD further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the
User or UUD.
Notices
Except with respect to service of process as set forth in
above paragraph , all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
Indemnification by User
User shall indemnify and hold harmless UUD and any of its underlying service providers, information providers, licensors, employees,
officers or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to
User’s use of any service provided by UUD or any service
under any Service Order, or any act, error, or omission of
User or any user of User's account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the
service and/or any Service Order; or violation of any applicable law.
Limited Liability
User's expressly agrees that use of any service offered by
UUD including, but not limited to services under Service Orders, the UUD Site,
server and services is at User's sole risk. Neither, UUD,
its employees, officers, directors, agents, resellers,
affiliates, third party information providers, merchants
licensers or the like, warrant that the UUD Site, User's site
hosted by UUD or a UUD affiliate or service provider, Domain
Page, Website Lease, Turn-Key website, Auction Page, any other product or
service, or any of UUD's other products
or services will not be interrupted or be error free; nor
does UUD make any warranty as to the results that might be
obtained from the use of the product or service or services, including
services outlined in any Service Order, nor that the product
or service
will meet with User's expectations, or as to the accuracy,
or reliability of any information, service or merchandise
contained in or provided through the UUD website, server or
services.
Under no circumstances, including negligence, shall UUD, its
officers, employees, directors, agents or any one else
involved in creating, or distributing UUD's services be
liable for any direct, indirect, incidental, special or
consequential damages that result from the use of or
inability to use the UUD services; or that results from
mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation, or transmission or any
failure of performance, whether or not limited to acts of
God, communication failure, theft, destruction or
unauthorized access to UUD's services. Users agree that UUD's
damages are limited to prepaid pro-rate monthly charge or
prepaid pro-rated pricing schedule.
Other Conditions and
Restrictions Apply. Any rights not expressly granted herein
are reserved.
Website
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