Universal Terms of Service for CSCWEBSITES.COM Software and Services
This Universal Terms of Service for CSCWEBSITES.COM Software and Services
Agreement ("Agreement") is by and between CSCWEBSITES.COM.com,
Comanter Consultants (known in this agreement as "CSCWEBSITES.COM,
COMANTER.COM & GoDaddy.com") a/an Fidodoor LLC, Go Daddy Inc.,
Arizona corporation and you, your heirs, agents, successors and assigns
("You"), and is made effective as of the date of electronic execution.
This Agreement sets forth the terms and conditions of Your use of CSCWEBSITES.COM
software (“Software”) and services (“Services”) and explains CSCWEBSITES.COM's
obligations to You and Your obligations to CSCWEBSITES.COM in relation
to the Software and Services You purchase.
This Agreement as well as any additional CSCWEBSITES.COM policies, together
with all modifications thereto, constitute the complete and exclusive agreement
between You and CSCWEBSITES.COM concerning Your use of CSCWEBSITES.COM's
Software and Services, and supersede and govern all prior proposals, agreements,
or other communications. All CSCWEBSITES.COM policies and agreements specific
to particular Software and Service are incorporated herein and made part
of this Agreement by reference, including the dispute policy (“UDRP”). By purchasing CSCWEBSITES.COM's Software or Services, You acknowledge
that You have read, understood, and agree to be bound by all terms and
conditions of this Agreement and any other policies or agreements made
part of this Agreement by reference, as well as any new, different or additional
terms, conditions or policies which CSCWEBSITES.COM may establish from
time to time, and any agreements that CSCWEBSITES.COM is currently bound
by or will be bound by in the future. You may view the latest versions
of these Agreements here or found in Policy and Agreement here.
In addition to transactions entered into by You on Your behalf, You also
agree to be bound by the terms of this Agreement for transactions entered
into on Your behalf by anyone acting as Your Agent, and transactions entered
into by anyone who uses the account You've established with CSCWEBSITES.COM,
whether or not the transactions were in Your behalf. You acknowledge that
CSCWEBSITES.COM's acceptance of any application made by You for Services
provided by CSCWEBSITES.COM will take place at the Internet Corporation
for Assigned Names and Numbers ("ICANN") accredited registrar's
offices located in Scottsdale, Arizona, USA.
The General Terms in Section A apply to all customers of CSCWEBSITES.COM. The Software and Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services and Schedule C apply to Section A and B only to contractors through the contract agreement.
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that CSCWEBSITES.COM may modify this Agreement and the Services
from time to time. You agree to be bound by any changes CSCWEBSITES.COM
may reasonably make to this Agreement when such changes are made. If You
have purchased Services or Software from CSCWEBSITES.COM, the term of this
Agreement shall continue in full force and effect as long as You take advantage
of and use the Software or Services. In the event You terminate Your usage,
CSCWEBSITES.COM will not refund any amounts You have paid. You agree that
CSCWEBSITES.COM shall not be bound by any representations made by third
parties who You may use to purchase Services from CSCWEBSITES.COM, and
that any statement of a general nature, which may be posted on CSCWEBSITES.COM's
web site or contained in CSCWEBSITES.COM's promotional materials, will
not bind CSCWEBSITES.COM. CSCWEBSITES.COM may, at times, offer certain
promotions with different charges and features.
You agree that You will be responsible for notifying CSCWEBSITES.COM should
You desire to terminate Your use of CSCWEBSITES.COM's Services. Notification
of Your intent to terminate must be provided to CSCWEBSITES.COM no earlier
than ten (10) days prior to Your billing date but no later than three (3)
days prior to Your billing date.
2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to CSCWEBSITES.COM,
as needed, while You are using CSCWEBSITES.COM's Services. You agree You
will notify CSCWEBSITES.COM within five (5) business days when any change
of the information You provided as part of the application and/or registration
process changes. Failure by You, for whatever reason, to respond within
five (5) business days to any inquiries made by CSCWEBSITES.COM to determine
the validity of information provided by You will constitute a material
breach of this Agreement.
You agree that CSCWEBSITES.COM may use and rely on any such information
provided by You for all purposes in connection with Your Services, subject
misleading or incomplete, or if CSCWEBSITES.COM has reasonable grounds
to suspect that Your information is inaccurate, not current, false, misleading
or incomplete, CSCWEBSITES.COM has the absolute right, in its sole discretion,
to terminate its Services and close Your account.
rights and CSCWEBSITES.COM's responsibilities with regard to Your personal
information. CSCWEBSITES.COM will not use Your information in any way inconsistent
4. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality
of Your customer number/login, password, credit card number, and shopper
PIN (collectively, the "Account Access Information"). You agree
You are entirely responsible for any and all activities that occur under
Your account. You agree to notify CSCWEBSITES.COM immediately of any unauthorized
use of Your account or any other breach of security. You agree CSCWEBSITES.COM
will not be liable for any loss that You may incur as a result of someone
else using Your Account Access Information, either with or without Your
knowledge. You further agree You could be held liable for losses incurred
by CSCWEBSITES.COM or another party due to someone else using Your Account
Access Information. For security purposes, You will be required to change
Your password and shopper PIN every six (6) months, for every CSCWEBSITES.COM
account, subject to CSCWEBSITES.COM's password and PIN guidelines. You
should keep Account Access Information in a secure location and take precautions
to prevent others from gaining access to Your Account Access Information.
You agree that You will be responsible for all activity in Your account,
whether initiated by You, or by others on Your behalf, or by any other
means. CSCWEBSITES.COM specifically disclaims liability for any activity
in Your account, whether authorized by You or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of CSCWEBSITES.COM's Software and Services,
You agree not to use them for any purpose that is unlawful or prohibited
by these terms and conditions, and You agree to comply with any applicable
local, state, federal and international laws, government rules or requirements.
You agree You will not be entitled to a refund of any fees paid to CSCWEBSITES.COM
if, for any reason, CSCWEBSITES.COM takes corrective action with respect
to Your improper or illegal use of its Services.
CSCWEBSITES.COM reserves the right at all times to disclose any information
as CSCWEBSITES.COM deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in CSCWEBSITES.COM's
If You have purchased Services, CSCWEBSITES.COM has no obligation to monitor
Your use of the Services. CSCWEBSITES.COM reserves the right to review
Your use of the Services and to cancel the Services in its sole discretion.
CSCWEBSITES.COM reserves the right to terminate Your access to the Services
at any time, without notice, for any reason whatsoever.
CSCWEBSITES.COM reserves the right to terminate Services if Your usage
of the Services results in, or is the subject of, legal action or threatened
legal action, against CSCWEBSITES.COM or any of its affiliates or partners,
without consideration for whether such legal action or threatened legal
action is eventually determined to be with or without merit. CSCWEBSITES.COM
may review every account for excessive space and bandwidth utilization
and to terminate or apply additional fees to those accounts that exceed
Except as set forth below, CSCWEBSITES.COM may also cancel Your use of
the Services, after thirty (30) days, if You are using the Services, as
determined by CSCWEBSITES.COM in its sole discretion, in association with
spam or morally objectionable activities. Morally objectionable activities
will include, but not be limited to: activities designed to defame, embarrass,
harm, abuse, threaten, slander or harass third parties; activities prohibited
by the laws of the United States and/or foreign territories in which You
conduct business; activities designed to encourage unlawful behavior by
others, such as hate crimes, terrorism and child pornography; activities
that are tortuous, vulgar, obscene, invasive of the privacy of a third
party, racially, ethnically, or otherwise objectionable; activities designed
to impersonate the identity of a third party; illegal access to other computers
or networks (i.e., hacking); distribution of Internet viruses or similar
destructive activities; and activities designed to harm or use unethically
minors in any way. Notwithstanding anything to the contrary herein, in
the event CSCWEBSITES.COM cancels Your Services during the first thirty
(30) days after You purchase the Services, You will receive a refund of
any fees paid to CSCWEBSITES.COM in connection with the Services being
cancelled. In the event CSCWEBSITES.COM deletes Your Services because they
are being used in association with spam or morally objectionable activities,
no refund will be issued. You agree You will not be entitled to a refund
of any fees paid to CSCWEBSITES.COM if, for any reason, CSCWEBSITES.COM
takes corrective action with respect to Your improper or illegal use of
6. NO SPAM; LIQUIDATED DAMAGES.
You agree CSCWEBSITES.COM may immediately terminate any account which it
believes, in its sole 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 CSCWEBSITES.COM liquidated
damages of $1 for each piece of spam or unsolicited bulk email transmitted
from or otherwise connected with Your account, otherwise You agree to pay
CSCWEBSITES.COM's actual damages. You acknowledge You have read and understand
and agree to be bound by the terms and conditions of CSCWEBSITES.COM ’s
Anti-Spam Policy, available here . Such terms and conditions are applicable to the use of all CSCWEBSITES.COM
Software and Services and are incorporated herein.
7. INTELLECTUAL PROPERTY.
You agree that CSCWEBSITES.COM or its licensor holds all rights, title
and interest in all Software and Services and all intellectual property,
including other rights related to intangible property, unless otherwise
indicated. You acknowledge that no title or interest in such Intellectual
Property Rights is being transferred to You and You agree to make no claim
of interest in any such Services or Software.
You understand and agree that all content and materials contained in this
Agreement, other policies, the CSCWEBSITES.COM web site, and any affiliated
web sites, are protected by the various copyright, patent, trademark, service
mark and trade secret laws of the United States, as well as any other applicable
proprietary rights and laws, and that CSCWEBSITES.COM or its licensor expressly
reserves its rights in and to all such content and materials. You further
understand and agree that You are prohibited from using, in any manner
whatsoever, any of the content or materials described above without the
express written permission of CSCWEBSITES.COM or its licensor. No license
or right under any copyright, patent, trademark, service mark or other
proprietary right or license is granted to You or conferred upon You by
this Agreement or otherwise.
8. USE OF CSCWEBSITES.COM SOFTWARE.
If You have licensed software from CSCWEBSITES.COM, CSCWEBSITES.COM grants
You a limited, non-exclusive, nontransferable and non-assignable license
to use the software for such purposes as are ordinary and customary. You
are free to use the software on any computer, but not on two (2) or more
computers at one time.
You agree to not alter or modify the Software. You agree You are not authorized
to combine the Software with any other software program, create derivative
works based upon the Software, nor are You authorized to integrate any
plug-in or enhancement which uses or relies upon the Software. You further
agree not to reverse engineer, decompile or otherwise attempt to uncover
the source code.
CSCWEBSITES.COM reserves all rights to the Software. The Software and any
copies You are authorized to make are the intellectual property of CSCWEBSITES.COM.
The source code and its organization are the exclusive property of CSCWEBSITES.COM
and the Software is protected by copyright, including United States Copyright
Law. Except as expressly provided for in this section, this Agreement does
not grant You any rights in the Software and all rights are reserved by
CSCWEBSITES.COM PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. FEES AND PAYMENT.
As consideration for the Software or Services purchased by You and provided
to You by CSCWEBSITES.COM, You agree to pay CSCWEBSITES.COM at the time
You order. All fees are due immediately and are non-refundable unless otherwise
expressly noted, even if Your Services are suspended, terminated, or transferred
prior to the end of the Services term. CSCWEBSITES.COM expressly reserves
the right to modify pricing through email notification and/or notice on
its web site. Payment may be made by You by providing either a valid credit
card, an online check, a personal check, or using CSCWEBSITES.COM's prepaid
service Good as Gold, (“Prepaid Services”) to establish a cash reserve
for charge by CSCWEBSITES.COM (collectively, the "Payment Method").
Your Prepaid Services account may be funded by a money order or a personal
check under as further described, below. Your Payment Method on file must
be kept valid if You have any active products in Your account. For CSCWEBSITES.COM
Marketplace users, You may use either use a valid credit card, PayPal,
Prepaid Services or a valid gift card to make purchases. CSCWEBSITES.COM
Marketplace transactions are governed by the CSCWEBSITES.COM Marketplace
Returns and Refund policy published in the Marketpalce FAQ on the date
of Your original purchase.
If You signed up for a monthly payment plan, Your monthly billing date
will be determined based on the day of the month You purchase the Services
unless that date falls after the 28th of the month, in which case Your
billing date will be the 28th of each month. If You signed up for an annual
(or longer) payment plan, and You elected the automatic renewal option,
CSCWEBSITES.COM will automatically renew Your Services when they come up
for renewal and will take payment from the Payment Method You have on file
with CSCWEBSITES.COM, at CSCWEBSITES.COM's then current rates.
If for any reason CSCWEBSITES.COM is unable to charge Your Payment Method
for the full amount owed CSCWEBSITES.COM for the Services provided, or
if CSCWEBSITES.COM is charged a penalty for any fee it previously charged
to Your Payment Method, You agree that CSCWEBSITES.COM may pursue all available
remedies in order to obtain payment. If You pay by credit card and if for
any reason CSCWEBSITES.COM is unable to charge Your credit card with the
full amount of the Services provided, or if CSCWEBSITES.COM is charged
back for any fee it previously charged to the credit card You provided,
You agree that CSCWEBSITES.COM may pursue all available remedies in order
to obtain payment. You agree that among the remedies CSCWEBSITES.COM may
pursue in order to effect payment, shall include but will not be limited
to, immediate cancellation without notice to You of any domain names or
Services registered or renewed on Your behalf. CSCWEBSITES.COM reserves
the right to charge a reasonable administrative fee for administrative
tasks outside the scope of its regular Services, including additional costs
that it may incur in providing the Services and pass along to You. These
include, but are not limited to, customer service issues that cannot be
handled over email but require personal service, fees incurred by third
parties You have elected to use as payment methods, including PayPal and
Certegy, Inc., and disputes that require legal services. These charges
will be billed to the Payment Method we have on file for You. You may change
Your Payment Method at any time by logging into Your Account Manager. For CSCWEBSITES.COM Marketplace orders where payment has not been received
or CSCWEBSITES.COM has received a chargeback for any portion of the transaction,
You understand that in addition to any administrative fees CSCWEBSITES.COM
may charge for the handling of the chargeback, the seller may also pursue
all available lawful remedies to collect payment plus applicable fees,
or obtain the lost merchandise. CSCWEBSITES.COM is not responsible for
the actions of the sellers.
You agree that You are solely liable for arranging that Your Services are
renewed, and that CSCWEBSITES.COM shall not be liable to You or any third
party if it is unable to charge Your Payment Method in order to renew Your
While all transactions are processed in US dollars, CSCWEBSITES.COM may
provide an estimated conversion price to currencies other than US dollars.
You acknowledge and agree that the pricing displayed during the checkout
process is an estimate. Due to potential slight time delays between actual
purchase and the payment settlement, the actual price charged may fluctuate.
CSCWEBSITES.COM makes no representations or warranties that the estimated
price will be the same or substantially similar to the actual price You
will pay and You waive any and all claims based upon any discrepancy between
the estimate and the actual price and the price paid and any subsequent
refund. In addition, you may be charged VAT, GST or other localized taxes,
based on the country indicated in Your billing address section. Any amounts
to be charged will appear during the checkout process.
a. Good as Gold Prepaid Services
- Service Details.
By using CSCWEBSITES.COM's Prepaid Services, You can transfer funds to
CSCWEBSITES.COM in advance and use the balance of Your Prepaid Services
Account ("Account") as You please. You can use Your Account to
purchase any of the Software or Services of CSCWEBSITES.COM. As consideration
for the Services purchased by You and provided to You by CSCWEBSITES.COM,
You agree to pay CSCWEBSITES.COM in advance for the Services to be provided.
Payment is to be made by You providing either a valid credit card, wire
transfer, a money order, or personal check. All money orders will be delayed
ten (10) days until the money is credited, which may delay Your usage of
the product or Services, and any money order that does not clear will result
in a $25 processing fee. Personal checks may only be used for payments
of $100 or more, and may not be made for less than the amount required
at purchase. Personal checks under $1,000 are subject to the same processing
fees as wire transfers. All personal checks will be delayed fourteen (14)
days until the money is credited, which may delay Your usage of the Software
or Services. You agree that if the EFT or bank draft is returned unpaid,
You will pay a service charge of $25.00 or the maximum amount allowed by
law, which may be debited from Your account using an EFT or bank draft.
You can verify the remaining funds in Your Account at any time by logging
in to Manage Your Account or through the shopping cart on the CSCWEBSITES.COM
web site. Should You decide to terminate Your Account and seek a refund
of Your Prepaid Services, Your refund will be made by check net of any
discounts, including, but not limited to, reduced or waived wire transfer
fees and/or the Cash Discount.
You acknowledge that funds transferred to Your Account will be held in
an account by CSCWEBSITES.COM, which will not accrue or pay interest for
Your benefit. To the extent interest may accrue, if any, You understand
and agree that CSCWEBSITES.COM shall be entitled to receive and keep any
such amounts to cover costs associated with the Prepaid Services.
You acknowledge that all transactions using Prepaid Services will be conducted
in U.S. Dollars and that it is Your responsibility to arrange for foreign
currency translations prior to funding Your Account. Wire transfers received
by CSCWEBSITES.COM in foreign currencies will be returned and You will
be responsible for the cost of returning such funds. Your Account must
be funded on an initial basis with no less than one hundred dollars ($100.00),
paid in U.S. funds. You agree that You will be responsible for all wire
transfer fees, both incoming and outgoing, associated with Your Account.
Any non-U.S. wire transfers may be subject to fees by either Your bank,
intermediary banks or CSCWEBSITES.COM's bank, which may reduce the amount
of the money received by CSCWEBSITES.COM's bank and subsequently funded
into Your Prepaid Good as Gold Account. Customers funding a Good as Gold
Account who wire $1,000 or more shall not be subject to a $20 wire transfer
processing fee from CSCWEBSITES.COM. You hereby expressly give CSCWEBSITES.COM
permission to reduce Your Account by the amount of wire transfer fees CSCWEBSITES.COM
incurs in order to receive Your funds. All fees are subject to change and
will be updated online in this Agreement.
Prepaid Services Accounts will receive a 2% discount on purchases (the
"Cash Discount") , except for items purchased on CSCWEBSITES.COM
Marketplace . The Cash Discount will be reflected in Your Account balance.
Thus, purchases will reduce the balance of Your Account by 98% of the total
purchase price of each transaction. For example, if Your Account is funded
with an initial amount of $100.00 and You make a $10.00 purchase, Your
Account will be reduced by only $9.80. CSCWEBSITES.COM reserves the right
to discontinue or change the Cash Discount at any time, without notice.
- Your Use of Prepaid Services
Use of funds in Your Account can only be made through the CSCWEBSITES.COM
purchase process at CSCWEBSITES.COM's web site. Purchases may not be made
unless there are sufficient, available funds in Your Account at the time
of purchase to cover the entire purchase amount, including any related
fees as set forth herein or in other relevant agreements.
Additional funds may be added to Your Account at any time. The minimum
increment for funds transfers is one hundred dollars ($100.00).
You will be able to access Your Account activity and records from the Manage
Your Account link on CSCWEBSITES.COM's web site. Your Account will show
purchases and the amount of funds remaining in Your Account. CSCWEBSITES.COM
reserves the right at all times to disclose any information about Your
Account as CSCWEBSITES.COM deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part from
Your Account, in the sole discretion of CSCWEBSITES.COM.
- Specific Representations and Warranties
You agree that CSCWEBSITES.COM makes no representations or warranties of
any kind in connection with Prepaid Services. CSCWEBSITES.COM expressly
reserves the right to deny, cancel or transfer any Account that it deems
necessary, in its discretion, to protect the integrity and stability of
the Prepaid Services system, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance with
any dispute resolution process, or to avoid any liability, civil or criminal,
on the part of CSCWEBSITES.COM, as well as its affiliates, subsidiaries,
officers, directors and employees. CSCWEBSITES.COM also reserves the right
to freeze an Account during resolution of a dispute.
b. Payment By Check
By using CSCWEBSITES.COM's pay by check option (“Pay By Check”), You can
purchase CSCWEBSITES.COM Software and Services using a personal check.
In consideration for the Software and Services purchased by You and provided
to You by CSCWEBSITES.COM, You agree to allow Certegy Check Services, Inc.
("Certegy") to debit the full amount of this transaction from
Your checking account, which is non-refundable. Certegy 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 to
have available funds in it. You agree that Certegy and CSCWEBSITES.COM
will not be responsible for payments that fail to go through as a result
of Your checking account no longer existing, or holding insufficient funds.
If for any reason Certegy is unable to withdraw the full amount owed for
the Services provided, You agree that Certegy and CSCWEBSITES.COM may pursue
all available remedies in order to obtain payment. You agree that if the
EFT or bank draft is returned unpaid, You will pay a service charge of
$25.00 or the maximum amount allowed by law, which may be debited from
Your account using an EFT or bank draft.
The check may not be for less than the full amount required at that time.
Personal checks under $1,000 are subject to the same processing fees as
wire transfers. All personal checks may be delayed up to fourteen (14)
days until the money is credited, which may delay Your usage of the Software
By clicking the box labeled “I agree” to the terms of the Pay by Check
terms, You authorize the information provided to be used for the creation
of an electronic funds transfer (EFT) or bank draft, and You authorize
a debit of THE FULL AMOUNT of this order from Your checking account.
c. Pay by PayPal
By using CSCWEBSITES.COM's pay by PayPal, Inc. (“PayPal”) option (“Pay
by PayPal”), You can purchase CSCWEBSITES.COM Software and Services using
PayPal. In consideration for the Software and Services purchased by You
and provided to You by CSCWEBSITES.COM, You agree to allow PayPal to debit
the full amount of this transaction from Your PayPal account balance or
the Preferred Funding Source You established with PayPal, which is non-refundable.
It is Your responsibility to keep Your PayPal Account current, to have
available funds in it and to have Your PayPal Account backed by a valid
credit card. You agree that PayPal and CSCWEBSITES.COM will not be responsible
for payments that fail to go through as a result of Your Funding Source
no longer existing, or holding insufficient funds. If for any reason PayPal
is unable to withdraw the full amount owed for the Services provided, You
agree that PayPal and CSCWEBSITES.COM may pursue all available remedies
in order to obtain payment. You agree that if the transaction is returned
unpaid, You will pay a service charge of $25.00 or the maximum amount allowed
by law, which may be debited from Your account by PayPal or charged to
Your Preferred Funding Source.
By clicking the box labeled “I agree” to the terms of the Pay by PayPal
terms, You authorize the information provided to be used for the creation
of an electronic funds transfer (EFT), and You authorize a debit of THE
FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding
10. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf
of You hereby represent and warrant that they have the right, power, legal
capacity and appropriate authority to enter into this Agreement, and that
they own and have not transferred to any other person or entity any of
the rights, claims or interests that are the subject of this Agreement.
You represent and warrant that You are 18 years of age or older, or that
You have an agent authorized by law to represent You who is 18 years of
age or older who is entering into this Agreement on Your behalf. You warrant
that each action You make is being done so in good faith and that You have
no knowledge of it infringing upon or conflicting with the legal rights
of a third party or a third party's trademark or trade name.
CSCWEBSITES.COM expressly reserves the right to deny, cancel or transfer
any domain name registration that it deems necessary, in its discretion,
to protect the integrity and stability of the registry, to comply with
any applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of CSCWEBSITES.COM, as well
as its affiliates, subsidiaries, officers, directors and employees. CSCWEBSITES.COM
also reserves the right to freeze a domain name during resolution of a
11. LIMITATION OF LIABILITY .
IN NO EVENT SHALL CSCWEBSITES.COM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL,
FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED,
ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES
YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES
OR OTHERWISE, EVEN IF CSCWEBSITES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability
for damages as contained herein. In such states, CSCWEBSITES.COM's liability
is limited to the full extent permitted by law. You agree that in no event
shall CSCWEBSITES.COM's maximum aggregate liability exceed the total amount
paid by You for the particular Software or Service in dispute purchased
12. DISCLAIMER OF WARRANTIES .
CSCWEBSITES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CSCWEBSITES.COM MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED. CSCWEBSITES.COM DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS
OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN
WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless CSCWEBSITES.COM and its
contractors, agents, employees, officers, directors, shareholders, and
affiliates from any loss, liability, damages or expense, including reasonable
attorneys' fees, resulting from any third party claim, action, proceeding
or demand related to Your (including Your agents affiliates, or anyone
using Your account, software or services with CSCWEBSITES.COM whether or
not on Your behalf, and whether or not with Your permission) use of the
Software or Services You purchased from CSCWEBSITES.COM or Your breach
of this Agreement or incorporated agreements and policies. In addition,
You agree to indemnify and hold CSCWEBSITES.COM harmless from any loss,
liability, damages or expense, including reasonable attorneys' fees, arising
out of any breach of any representation or warranty provided herein, any
negligence or willful misconduct by You, or any allegation that Your account
infringes a third person's copyright, trademark or proprietary or intellectual
property right, or misappropriates a third person's trade secrets. This
indemnification is in addition to any indemnification required of You elsewhere.
Should CSCWEBSITES.COM be notified of a pending law suit, or receive notice
of the filing of a law suit, CSCWEBSITES.COM may seek a written confirmation
from You concerning Your obligation to indemnify CSCWEBSITES.COM. Your
failure to provide such a confirmation may be considered a breach of this
Agreement. You agree that CSCWEBSITES.COM shall have the right to participate
in the defense of any such claim through counsel of its own choosing. You
agree to notify CSCWEBSITES.COM of any such claim promptly in writing and
to allow CSCWEBSITES.COM to control the proceedings. You agree to cooperate
fully with CSCWEBSITES.COM during such proceedings.
You agree to cooperate fully with CSCWEBSITES.COM during such proceedings.
You agree You will not be entitled to a refund of any fees paid to CSCWEBSITES.COM
if, for any reason, CSCWEBSITES.COM takes corrective action with respect
to Your improper or illegal use of its Services. You also agree that if
CSCWEBSITES.COM is notified that a complaint has been filed with a governmental,
administrative or judicial body, regarding a Site Analytics account of
Yours with CSCWEBSITES.COM, that CSCWEBSITES.COM, in its sole discretion,
may take whatever action CSCWEBSITES.COM deems necessary regarding further
modification, assignment of and/or control of your account to comply with
the actions or requirements of the governmental, administrative or judicial
body until such time as the dispute is settled.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This Agreement shall be deemed entered into in the State of Arizona. Except
for disputes concerning the user of a domain name registered with CSCWEBSITES.COM,
You agree that the laws and judicial decisions of Maricopa County, Arizona,
shall be used to determine the validity, construction, interpretation and
legal effect of this Agreement. You agree that any action relating to or
arising out of this Agreement shall be brought in the courts of Maricopa
County, Arizona. For the adjudication of disputes concerning the use of
any domain name registered with CSCWEBSITES.COM, You agree to submit to
jurisdiction and venue in the U.S. District Court for the District of Arizona
located in Phoenix, Arizona.
You agree to waive the right to trial by jury in any proceeding that takes
place relating to or arising out of this Agreement.
You agree that all notices (except for notices concerning breach of this
Agreement) from CSCWEBSITES.COM to You may be posted on our Web site. Notices
concerning breach will be sent either to the email or postal address You
have on file with CSCWEBSITES.COM. In either case, delivery shall be deemed
to have been made five (5) days after the date sent.
Notices from You to CSCWEBSITES.COM shall be made either by email, sent
to the address provided on the CSCWEBSITES.COM web site, or first class
mail to CSCWEBSITES.COM's address at:
Attn: Legal Counsel
14455 North Hayden Rd., Suite 219
Scottsdale, AZ, 85260.
The headings in the Agreement are descriptive only and in the event of
a conflict between a heading and the underlying terms of this Agreement,
the terms of this Agreement shall control.
17. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it
refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete
and only Agreement between You and CSCWEBSITES.COM regarding the Services
You agree that the terms of this Agreement are severable. If any part of
this Agreement is determined to be unenforceable or invalid, that part
of the agreement will be interpreted in accordance with applicable law
as closely as possible, in line with the original intention of both parties
to the Agreement. The remaining terms and conditions of the Agreement will
remain in full force and effect.
The failure of CSCWEBSITES.COM to enforce any of the provisions within
this Agreement or its incorporated agreements and policies against You
or others shall not be construed to be a waiver of the right of CSCWEBSITES.COM
thereafter to enforce such provisions.
20. FORCE MAJEURE.
CSCWEBSITES.COM will make every effort to keep its web site and Services
operational. However, certain technical difficulties and other factors
outside of its control may, from time to time, result in temporary service
interruptions. You agree not to hold CSCWEBSITES.COM liable for any of
the consequences of such interruptions.
Sections A-1, A-7, A-10, A-12, A-13, A-14, A-15, A-16, A-17, A-18, A-19,
A-20, A-21 and A-22 shall survive any termination or cancellation of this
22. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon
any third party any rights, remedies, obligations, or liabilities under
or by reason of this Agreement, except as expressly provided in this Agreement.
B. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS
If You purchase Services from CSCWEBSITES.COM, the following Software and
Services specific agreements, specific to the Services you purchase or
use, shall apply and are incorporated within this Agreement in addition
to Sections A-1-21:
Change of Registrant Agreement ConsoliDate Domain Name Back Ordering and Monitoring Agreement Domain Name Proxy ® Agreement Domain Name Registration Agreement Domain Name Transfer Agreement Domain Transfer Validation Service Agreement CSCWEBSITES.COM Auctions Member Agreement Parked Page Service Agreement Premium Domain Name Agreement
Email Services User Agreement Hosted Exchange Email End User License Agreement WebMail End User License Agreement
Web Site Hosting
Ad Supported Hosting Service Agreement Dedicated Hosting Agreement Web Site and Virtual Dedicated Server Service Agreement
Web Site Creation
Website Tonight ® End User License Agreement
SmartSpace End User License Agreement
Brand Identity Design Service Agreement
Cash Parking Custom Header Design Service Agreement
Power Content Design Service and Maintenance Agreement
Power Content Service Hosting Agreement
Power Content Update Service Agreement
Traffic Service Agreement
Web Banner Design Service Agreement
Web Site Design Service and Maintenance Agreement
Web Site Design Service End User License Agreement
Web Site Header Design Service Agreement
Website Update Service Agreement
Other Software and Services
Big Send End User License Agreement Calendar End User License Agreement CashParking Service Agreement Customer Manager End User License Agreement Deluxe Business Registration and Business Registration Service Agreement
Discount Domain Club Service Agreement Domain Buy Service Agreement Domain Name Appraisal Service Agreement Domain Ownership Protection Service Agreement Express Email Marketing™ End User License Agreement Fax Thru Email Service Agreement Gift Card Service Agreement CSCWEBSITES.COM Marketplace Agreement CSCWEBSITES.COM Marketplace Prohibited Items Policy CSCWEBSITES.COM Marketplace Returns and Refunds Good As Gold End User License Agreement Instant Mobilizer End User License Agreement Online File Folder End User License Agreement Photo Album Service Agreement Quick Blogcast End User License Agreement Quick Shopping Cart™ End User License Agreement Site Analytics Service Agreement Traffic Blazer® End User License Agreement
API Reseller Agreement Reseller Agreement Super Reseller Agreement
Created: 01/05/1985 Revised: 4/29/2009
Copyright © 1985 - 2009 CSCWEBSITES.COM, Inc. All Rights Reserved.