Last Revised: September 19, 2017
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 Network Chico, an AZ individual ("Network Chico")
and you, and is made effective as of the date of your use of this
website ("Site") or the date of electronic acceptance. This
Agreement sets forth the general terms and conditions of your use
of the Site and the products and services purchased or
accessed through this Site (individually and collectively, the
“Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or purchase
Services, your use of this Site and your electronic acceptance of
this Agreement signifies that you have read, understand, acknowledge and
agree to be bound by this Agreement, along with the following policies
and the applicable product agreements, which are incorporated herein by
reference:
The terms “we”, “us” or “our” shall refer to Network Chico. The
terms “you”, “your”, “User” or “customer” shall refer to any individual
or entity who accepts this Agreement, has access to your account or
uses the Services. Nothing in this Agreement shall be deemed to
confer any third-party rights or benefits.
Network Chico may, in its sole and absolute discretion, change or
modify this Agreement, and any policies or agreements which are
incorporated herein, at any time, and such changes or modifications
shall be effective immediately upon posting to this Site. Your use
of this Site or the Services after such changes or modifications have
been made shall constitute your acceptance of this Agreement as last
revised. If you do not agree to be bound by this Agreement as last
revised, do not use (or continue to use) this Site or the
Services. In addition, Network Chico may occasionally notify you
of changes or modifications to this Agreement by email. It is
therefore very important that you keep your shopper account (“Account”)
information current. Network Chico assumes no liability or
responsibility for your failure to receive an email notification if such
failure results from an inaccurate email address.
2. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form
legally binding contracts under applicable law. By using this Site
or the Services, you represent and warrant that you are (i) at least
eighteen (18) years of age, (ii) otherwise recognized as being able
to form legally binding contracts under applicable law, or (iii) are
not a person barred from purchasing or receiving the Services found
under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate
entity, you represent and warrant that you have the legal authority to
bind such corporate entity to the terms and conditions contained in this
Agreement, in which case the terms "you", "your", "User" or "customer"
shall refer to such corporate entity. If, after your electronic
acceptance of this Agreement, Network Chico 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. Network Chico
shall not be liable for any loss or damage resulting from Network
Chico’s reliance on any instruction, notice, document or communication
reasonably believed by Network Chico 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, Network Chico reserves the right (but
undertakes no duty) to require additional authentication from you.
You further agree to be bound by the terms of this Agreement for
transactions entered into by you, anyone acting as your agent and anyone
who uses your account or the Services, whether or not authorized by
you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts.
In order to access some of the features of this Site or use some of the
Services, you will have to create an Account. You represent and warrant
to Network Chico that all information you submit when you create your
Account is accurate, current and complete, and that you will keep your
Account information accurate, current and complete. If Network
Chico has reason to believe that your Account information is untrue,
inaccurate, out-of-date or incomplete, Network Chico reserves the right,
in its sole and absolute discretion, to suspend or terminate your
Account. You are solely responsible for the activity that occurs
on your Account, whether authorized by you or not, and you must keep
your Account information secure, including without limitation your
customer number/login, password, Payment Method(s) (as defined below),
and shopper PIN. For security purposes, Network Chico recommends
that you change your password and shopper PIN at least once every six
(6) months for each Account . You must notify Network Chico
immediately of any breach of security or unauthorized use of your
Account. Network Chico 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 Network Chico 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. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other
policies and procedures, we shall use commercially reasonable efforts to
attempt to provide this Site and the Serviceson a twenty-four (24)
hours a day, seven (7) days a week basis. You acknowledge and agree that
from time to time this Site may be inaccessible or inoperable for any
reason including, but not limited to, equipment malfunctions; periodic
maintenance, repairs or replacements that we undertake from time to
time; or causes beyond our reasonable control or that are not reasonably
foreseeable including, but not limited to, interruption or failure of
telecommunication or digital transmission links, hostile network
attacks, network congestion or other failures. You acknowledge and agree
that we have no control over the availability of this Site or the
Service on a continuous or uninterrupted basis, and that we assume no
liability to you or any other party with regard thereto.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services , 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 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 in a manner (as
determined by Network Chico in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- 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 Network Chico or Network Chico’s Services.
- You will not copy or distribute in any medium any part of this Site
or the Services , except where expressly authorized by Network Chico.
- 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 Network Chico Content (as defined below) or User
Content through any technology or means other than through this Site
itself, or as Network Chico may designate.
- You agree to back-up all of your User Content so that you can access
and use it when needed. Network Chico 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 re-sell or provide the Services for a commercial
purpose, including any of Network Chico’s related technologies, without
Network Chico's express prior written consent.
-
You agree to provide government-issued photo identification and/or
government-issued business identification as required for verification
of identity when requested.
-
You are aware that Network Chico may from time-to-time call you about
your account, and that, for the purposes of any and all such call(s),
you do not have any reasonable expectation of privacy during those
calls; indeed you hereby consent to allow Network Chico, in its sole
discretion, to record the entirety of such calls regardless of whether
Network Chico asks you on any particular call for consent to record such
call. You further acknowledge and agree that, to the extent
permitted by applicable law, any such recording(s) may be submitted as
evidence in any legal proceeding in which Network Chico is a party. Further,
by providing your telephone or mobile number, you consent to receive
marketing telephone calls from or on behalf of Network Chico that may be
initiated by an automatic telephone dialing system and/or use an
artificial or prerecorded voice. You understand that providing consent
is not a condition of purchasing any good or service from Network
Chico. Similarly, by providing your mobile number, you consent to
receive marketing text messages from or on behalf of Network Chico that
may be sent by an automatic telephone dialing system. You understand
that providing consent is not a condition of purchasing any good or
service from Network Chico. Message and data rates may apply.
6. YOUR USE OF Network Chico CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this
Section apply specifically to your use of Network Chico Content and
User Content posted to Network Chico’s corporate websites (i.e., those
sites which Network Chico 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.
Network Chico Content.
Except for User Content, the content on this Site and the Services ,
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 (“Network Chico Content”),
are owned by or licensed to Network Chico 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. Network Chico 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 Network Chico.
No right or license under any copyright, trademark, patent, or other
proprietary right or license is granted by this Agreement. Network Chico
reserves all rights not expressly granted in and to the Network Chico
Content, this Site and the Services, and this Agreement do not transfer
ownership of any of these rights.
User Content.
Some of the features of this Site or the Services 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”).
User Submissions include, but are not limited to, forum posts, content
submitted in connection with a contest, product reviews or
recommendations, or photos to be incorporated into a social media event
or activity. User Content includes all content submitted through
your Account. By posting or publishing User Content to this Site
or to the Services, you represent and warrant to Network Chico that (i)
you have all necessary rights to distribute User Content via this Site
or via the Services, 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) the User Content does 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 Network Chico Content or User Content) or
enforce limitations on the use of this Site or the Services found at
this Site, the Network Chico Content or the User Content therein.
7. Network Chico'S USE OF USER CONTENT
The provisions in this Section apply specifically to Network
Chico’s use of User Content posted to Network Chico’s corporate websites
(i.e., those sites which Network Chico 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 Network Chico to treat your User Submissions as confidential
or secret.
- Network Chico 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.
- Network Chico 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.
Network Chico 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 or other content hosted by Network Chico, you
shall retain all of your ownership or licensed rights in User Content.
By posting or publishing User Content to this Site or through the
Services, you authorize Network Chico 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. You hereby grant Network Chico a
worldwide, non-exclusive, royalty-free, sublicensable (through multiple
tiers), and transferable license to use, reproduce, distribute, prepare
derivative works of, combine with other works, display, and perform your
User Content in connection with this Site, the Services and
Network Chico’s (and Network Chico’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 Network Chico 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, Network Chico shall not use any User Content
that has been designated “private” or “password protected” by you for
the purpose of promoting this Site or Network Chico’s (or Network
Chico’s affiliates’) business(es).
8. PRODUCT CREDITS
In the event you are provided with a product credit (“Credit”),
whether for redemption of the purchase of a specific product or for
free with the purchase of another product (“Purchased Product”),
you acknowledge and agree that such Credit is only valid for one (1)
year and is only available with a valid purchase and may be terminated
in the event the product purchased is deleted, cancelled, transferred or
not renewed.The Credit will expire one (1) year from date of purchase
of the Purchased Product if the Credit has not been redeemed. In
the event that the Credit is redeemed, after the initial subscription
period, the product will automatically renew at the then-current
renewal price until cancelled. If you wish to cancel the automatic
renewal of the product, you may do so by visiting your Account or by
contacting customer service. In the event your Purchased
Product includes a free domain name, if you cancel the
Purchased Product, the list price for the domain name will be deducted
from the refund amount. The list price is the price of the domain
name listed on Network Chico’s website and is not subject to any
promotion, discount, or other reduction in price. For Credits issues for
free with another Purchased Product, you acknowledge and agree that we
may swap your Credit for a similar product, in our sole
discretion.
9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Network Chico generally does not pre-screen User Content (whether
posted to a website hosted by Network Chico or posted to this
Site). However, Network Chico 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. Network Chico may
remove any item of User Content (whether posted to a website hosted by
Network Chico 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 Network Chico in its sole
and absolute discretion), at any time and without prior notice. Network
Chico may also terminate a User’s access to this Site or the Services
found at this Site if Network Chico has reason to believe the User is a
repeat offender. If Network Chico terminates your access to this
Site or the Services found at this Site, Network Chico may, in its sole
and absolute discretion, remove and destroy any data and files stored by
you on its servers.
10. ADDITIONAL RESERVATION OF RIGHTS
Network Chico 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) for any reason (as determined by Network Chico
in its sole and absolute discretion), including but not limited to the
following: (i) to correct mistakes made by Network Chico 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 assist with our fraud and abuse
detection and prevention efforts, (iv) to comply with court orders
against you and/or your domain name or website and applicable local,
state, national and international laws, rules and regulations, (v) to
comply with requests of law enforcement, including subpoena requests,
(vi) to comply with any dispute resolution process, (vii) to defend any
legal action or threatened legal action without consideration for
whether such legal action or threatened legal action is eventually
determined to be with or without merit, (viii) to avoid any civil or
criminal liability on the part of Network Chico, its officers,
directors, employees and agents, as well as Network Chico’s affiliates,
including, but not limited to, instances where you have sued or
threatened to sue Network Chico, or (ix) to respond to an excessive
amount of complaints related in any way to your Account, domain name(s),
or content on your website.
Network Chico 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.
Network Chico expressly reserves the right to terminate, without
notice to you, any and all Services where, in Network Chico's sole
discretion, you are harassing or threatening Network Chico and/or any of
Network Chico's employees.
11. NO SPAM; LIQUIDATED DAMAGES
No Spam.
We do not tolerate the transmission of spam. We monitor all traffic to
and from our web servers for indications of spamming and maintain a spam
abuse complaint center to register allegations of spam abuse. Customers
suspected to be using our products and services for the purpose of
sending spam are fully investigated. If we determine there is a problem
with spam, we will take the appropriate action to resolve the
situation.
We define spam as the sending of
Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or
Unsolicited Facsimiles (Fax), which is email or facsimile sent to
recipients as an advertisement or otherwise, without first obtaining
prior confirmed consent to receive these communications. This can
include, but is not limited to, the following:
i. Email Messages
ii. Newsgroup postings
iii. Windows system messages
iv. Pop-up messages (aka "adware" or "spyware" messages)
v.
Instant messages (using AOL, MSN, Yahoo or other instant messenger
programs)
vi. Online chat room advertisements
vii. Guestbook or Website Forum postings
viii. Facsimile Solicitations
ix. Text/SMS Messages
We will not allow our servers and services to be used for the
purposes described above. In order to use our products and services, you
must not only abide by all applicable laws and regulations, which
include the Can-Spam Act of 2003 and the Telephone Consumer Protection
Act, but you must also abide by this no spam policy. Commercial
advertising and/or bulk emails or faxes may only be sent to recipients
who have "opted-in" to receive messages. They must include a legitimate
return address and reply-to address, the sender's physical address, and
an opt-out method in the footer of the email or fax. Upon request by us,
conclusive proof of opt-in may be required for an email address or fax
number.
If we determine the account, products, or services in question are
being used in association with spam, we may re-direct, suspend, or
cancel any account, web site hosting, domain registration, email boxes,
or other applicable products or services. In such event, at our
election, we may require you to respond by email to us stating that you
will cease to send spam and/or have spam sent on your behalf and to
require a non-refundable reactivation fee to be paid before the site,
email boxes, and/or services are reactivated.
We encourage all customers and recipients of email generated from our
products and services to report suspected spam. Suspected abuse can be
reported by email or through our Spam Abuse Complaint Center on the
Web. Web: report abuse.
Liquidated Damages.
You agree that we may immediately terminate any Account which we
believe, in our sole and absolute discretion, is transmitting or is
otherwise connected with any spam or other unsolicited bulk email. In
addition, if actual damages cannot be reasonably calculated then you
agree to pay us liquidated damages in the amount of $1.00 for each piece
of spam or unsolicited bulk email transmitted from or otherwise
connected with your Account.
12. TRADEMARK AND/OR COPYRIGHT CLAIMS
Network Chico 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 Network Chico’s Trademark and/or Copyright
Infringement Policy referenced above and available here.
13. 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 Network Chico.
Network Chico assumes no responsibility for the content, terms and
conditions, privacy policies, or practices of any third-party websites.
In addition, Network Chico 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 Network Chico from any and all liability
arising from your use of any third-party website. Accordingly, Network
Chico 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.
14. 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”. Network Chico,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD
PARTY SERVICE PROVIDERS 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. Network Chico,
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 Network Chico 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 Network Chico,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT
LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES),
AND THIRD PARTY SERVICE PROVIDERS 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.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL Network Chico,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY
SERVICE PROVIDERS, 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 Network Chico 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 Network
Chico’s total aggregate liability exceed $10,000.00 U.S. Dollars.
THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall
survive any termination or expiration of this Agreement or your use of
this Site or the Services found at this Site.
16. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Network
Chico and its officers, directors, employees, agents, and
third party service providers from and against any and all claims,
demands, costs, expenses, losses, liabilities and damages of every kind
and nature (including, without limitation, reasonable attorneys’ fees)
imposed upon or incurred by Network Chico directly or indirectly arising
from (i) your use of and access to this Site or the Services found at
this Site; (ii) your violation of any provision of this Agreement or the
policies or agreements which are incorporated herein; and/or (iii) your
violation of any third-party right, including without limitation any
intellectual property or other proprietary right. The
indemnification obligations under this section shall survive any
termination or expiration of this Agreement or your use of this Site or
the Services found at this Site.
17. DISCONTINUED SERVICES; END OF LIFE POLICY
Network Chico reserves the right to cease offering or providing any
of the Services at any time, for any or no reason, and without prior
notice. Although Network Chico makes great effort to maximize the
lifespan of all its Services, there are times when a Service we offer
will be discontinued or reach its End-of-Life ("EOL"). If that is the
case, that product or service will no longer be supported by Network
Chico, in any way, effective on the EOL date.
Notice and Migration. In
the event that any Service we offer has reached or will reach EOL, we
will attempt to notify you thirty or more days in advance of the EOL
date. It is your responsibility to take all necessary steps to replace
the Service by migrating to a new Service before the EOL date, or by
entirely ceasing reliance on said Service before the EOL date. In either
case, Network Chico will either offer a comparable Service for you to
migrate to for the remainder of the term of your purchase, a prorated
in-store credit, or a prorated refund, to be determined by Network Chico
in its sole and absolute discretion. Network Chico may, with or without
notice to you, migrate you to the most up-to-date version of the
Service, if available. You agree to take full responsibility for any and
all loss or damage arising from any such migration.
No Liability. Network
Chico will not be liable to you or any third party for any
modification, suspension, or discontinuance of any of the Services we
may offer or facilitate access to.
18. FEES AND PAYMENTS
You acknowledge and agree that your Payment Method may be charged by
one of our affiliated entities, Wild West Domains, LLC, Wild West
Domains Canada, Inc., Universal Domains and Hosting Services India Pvt
Ltd, or Europe Domains Hosting Services, Ltd. If,
during your purchase, your payment was identified as being processed in
the United States, your transaction will be processed by Wild West
Domains, LLC, 14455 N. Hayden Rd., Scottsdale, AZ 85260; if your payment
was identified as being processed in Canada, your transaction will be
processed by Wild West Domains Canada, Inc., 2900-550 Burrard Street,
Vancouver, BC V6C 043; if your payment was identified as being processed
in the United Kingdom, your transaction will be processed by Europe
Domains Hosting Services, Ltd., 5 New Street Square, London EC4A3TW; if
your payment was identified as being processed in India, your
transaction will be processed by Universal Domains and Hosting Services
India Pvt Ltd, Flat 101, Sai Krishna Enclave, 6-1-132/99, Plot No. 99,
Skanagiri, Padmaraonagar 50061. If, during your purchase,
your payment was identified as being processed in a country that is not
listed above, your transaction may be processed by an entity within the
disclosed country that is affiliated with our local payment service
provider, and subject to the provisions of our Privacy Policy.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services
purchased or obtained at this Site at the time you order the
Services. All prices and fees are non-refundable unless otherwise
expressly noted in the Refund Policy section below, even if your
Services are suspended, terminated, or transferred prior to the end of
the Services term. Network Chico 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 or obtained 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.
Except as prohibited in any product-specific agreement, you may pay
for Services by utilizing any of the following “Payment Methods”: (i) by
providing a valid credit card, (ii) by using Network Chico’s “Good As
Gold Prepaid Services” (defined below); (iii) via an electronic check
from your personal or business checking account, as appropriate (and as
defined below); (iv) by using PayPal (as defined below), (v) by using an
International Payment Option (as defined below) or (vi) via in-store
credit balances, if applicable (and as defined below), each a “Payment
Method”. For Services that offer “Express Checkout”, clicking the
Express Checkout button will automatically place an order for that
Service and charge the primary Payment Method on file for your
Account. Confirmation of that order will be sent to the email
address on file for your Account. Your Payment Method on file must
be kept valid if you have any active Services in your Account.
In addition, you acknowledge and agree that the location for the
processing of your payments may change based on the type of Payment
Method chosen, any changes or updates made to your Payment Method, or
based on the currency selected for the Payment Method.
Other than as required by applicable law, Network Chico does not
retain hard copy or electronic versions of mandate, standing order or
standing instruction forms and/or any signed consents relating to your
usage of our automatic renewal services, and we are therefore unable to
provide any such document upon request. You may view or change
your automatic renewal settings at any time by logging into your Network
Chico account.
You acknowledge and agree that where refunds are issued to your
Payment Method, Network Chico's issuance of a refund receipt is only
confirmation that Network Chico has submitted your refund to the Payment
Method charged at the time of the original sale, and that Network Chico
has absolutely no control over when the refund will be applied towards
your Payment Method’s available balance. You further acknowledge
and agree that the payment provider and/or individual issuing bank
associated with your Payment Method establish and regulate the time
frames for posting your refund, and that such refund posting time frames
may range from five (5) business days to a full billing cycle, or
longer.
In the event a refund is issued to your Payment Method and the
payment provider, payment processor or individual issuing bank
associated with your Payment Method imposes any limitations on refunds,
including but not limited to, limitations as to the timing of the refund
or the number of refunds allowed, then Network Chico, in its sole and
absolute discretion, reserves the right to issue the refund either (i)
in the form of an in-store credit; or (ii) via issuance of a Network
Chico check, which will be sent to the mailing address on file for your
Account. Network Chico also has the right, but not
the obligation, to offer an in-store credit for customers seeking
refunds, even if there are no limitations on refunds imposed by the
Payment Method. For the avoidance of doubt, any and all refunds
processed via the issuance of either in-store credits or a Network Chico
check are solely within Network Chico’s discretion and are not
available at customer request.
If you are being billed on a monthly basis, your monthly billing date
will be based on the date of the month you purchased the Services
unless that date falls after the 28th of the month, in which case your
billing date will be the 28th of each month.
Also, where in Network Chico's estimation, it believes you owe it
money for any reason, Network Chico reserves the right to offset any
payments into your Account until Network Chico is made whole.
In order to ensure that you
do not experience an interruption or loss of Services, all
Services are offered on automatic renewal. Except for
reasons described below in this section, automatic renewal
automatically renews the applicable Service upon expiration of the then
curent term for a renewal period equal in time to the most recent
service period (except for domain names which may renew for the original
service period). For example, if your last service
period is for one year, your renewal period will typically be for one
year. However, in the event renewal with the
Payment Method on file fails, Network Chico may attempt to
renew the applicable service for a period less than the original
subscription period to the extent necessary for the transaction to
succeed.
Unless you disable the
automatic renewal option, Network Chico will automatically renew the
applicable Service when it comes up for renewal and will take payment
from the Payment Method you have on file with Network Chico at Network
Chico’s then current rates, which you acknowledge and agree may be
higher or lower than the rates for the original service period. In
order to see the renewal settings applicable to you and your Services,
simply log into your Account manager from this Site and follow the
steps found here.
If you do not wish for any Service to automatically renew, you may
elect to cancel renewal, in which case, your Services will
terminate upon expiration of the then current term, unless you manually
renew your Services prior to that date (in which case the Services will
again be set to automatic renewal). In other
words, should you elect to cancel your product and fail to manually
renew your Services before they expire, you may experience an
interruption or loss of Services, and Network Chico shall not be liable
to you or any third party regarding the same.
In addition, Network Chico
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 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, Network Chico will automatically update your payment
profile on your behalf. Network Chico 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) cancelling products
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 Network
Chico shall not be liable to you or any third party regarding the same.
If
for any reason Network Chico is unable to charge your Payment Method
for the full amount owed for the Services provided, or if Network Chico
receives notification of a chargeback, reversal, payment dispute, or is
charged a penalty for any fee it previously charged to your Payment
Method, you agree that Network Chico may pursue all available lawful
remedies in order to obtain payment, including but not limited to,
immediate cancellation, without notice to you, of any domain names or
Services registered or renewed on your behalf. Network Chico also
reserves the right to charge you reasonable "administrative fees" or
"processing fees" for (i) tasks Network Chico may perform outside the
normal scope of its Services, (ii) additional time and/or costs Network
Chico may incur in providing its Services, and/or (iii) your
noncompliance with this Agreement (as determined by Network Chico in its
sole and absolute discretion). Typical administrative or
processing fee scenarios include, but are not limited to (i) customer
service issues that require additional personal time or attention; (ii)
UDRP actions(s) in connection with your domain name(s) and/or disputes
that require accounting or legal services, whether performed by Network
Chico staff or by outside firms retained by Network Chico; (iii)
recouping any and all costs and fees, including the cost of Services,
incurred by Network Chico as the results of chargebacks or other payment
disputes brought by you, your bank or Payment Method processor. These
administrative fees or processing fees will be billed to the Payment
Method you have on file with Network Chico.
Network Chico may offer product-level pricing in various currencies;
however, transaction processing is supported only in U.S. dollars and a
select number of the currency options displayed on this Site ("Supported Currency" or “Supported Currencies”).
If the currency selected is a Supported Currency, then the transaction
will be processed in the Supported Currency and the pricing displayed
during the checkout process will be the actual amount processed and
submitted to your bank for payment. If the currency selected is not a
Supported Currency, then the transaction will be processed in U.S.
dollars and the pricing displayed during the checkout process will be an
estimated conversion price at the time of purchase. In either case
(whether the currency selected is a Supported Currency or not), if the
transaction is processed in a currency that differs from the currency of
your bank account, you may be charged exchange rate conversion fees by
your bank. In addition, 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 Network Chico makes
no representations or warranties that (a) the amount submitted to your
bank for payment will be the same as the amount posted to your bank
statement (in the case of a Supported Currency) or (b) the estimated
conversion price will be the same as either the amount processed or the
amount posted to your bank statement (in the case of a non-Supported
Currency), 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, regardless of the selected currency, you
acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
(B) REFUND POLICY
Products and Services available for refunds are described here (“Refund Policy”).
In the event you purchase a product that includes a free domain
name, if you cancel the product, the list price for the domain name will
be deducted from the refund amount. The list price is the price of the
domain name listed on Network Chico’ website and is not subject to any promotion, discount, or other reduction in price.
(C) GOOD AS GOLD PREPAID SERVICES
Service Details
By using Good As Gold Prepaid Services, you may transfer funds to
Network Chico in order to fund your Good As Gold Prepaid Services
account (“Good As Gold Account”).
You may then use your Good As Gold Account to purchase
any Services. You may fund your Good As Gold Account by wire
transfer. All payments must be for the full amount required at
purchase.
You acknowledge that funds transferred to your Good As Gold Account
will be held by Network Chico and will not accrue or pay interest for
your benefit. To the extent any interest may accrue, you understand and
agree that Network Chico shall be entitled to receive and keep any such
amounts to cover costs associated with Good As Gold Prepaid Services.
You acknowledge that all transactions using Good As Gold Prepaid Services will be conducted in U.S. dollars.
Your Good As Gold Account must be funded on an initial basis with no less than funds equivalent to $100.00 U.S. dollars.
Wire transfers may be initiated in
foreign currency to fund your Good As Gold Account, however the natural
currency of the Wild West Domains bank account is U.S. Dollars.
Foreign currency wires will be automatically converted and deposited in
U.S. Dollars. Please note that exchange rate fees may apply.
You agree that you will be responsible for all wire transfer fees, both
incoming and outgoing, associated with your Good As Gold Account. Any
non-U.S. wire transfers may be subject to fees by your bank,
intermediary banks, or Network Chico’s bank, which may reduce the amount
of the money received by Network Chico’s bank and subsequently funded
into your Good As Gold Account. You hereby expressly authorize
Network Chico (i) to reduce your Good As Gold Account by the amount
of wire transfer fees Network Chico incurs in order to receive your
funds; and/or (ii) to charge a twenty-dollar ($20.00) service fee
(“Service Fee”) in connection with the termination of your Good As Gold
Account. All fees are subject to change at any time, and such
changes shall be posted online and effective immediately without
need for further notice to you.
You can verify the remaining funds in your Good As Gold Account at
any time by logging into “Manage Your Account” or through the shopping
cart on the Network Chico website. Should you decide to terminate your
Good As Gold Account (or should Network Chico opt to terminate your Good
As Gold Account because you have breached an obligation under the Good
As Gold Service Agreement), then the balance in your Good As Gold
Account will be refunded, net the Service Fee.
Additional funds may be added to your Good As Gold Account at any
time. The preferred minimum increment for funds transfers is $100.00.
Your Use of Good As Gold Prepaid Services
Use of funds in your Good As Gold Account can only be made through
the Network Chico purchase process at Network Chico’s website. Purchases
may not be made unless there are sufficient, available funds in your
Good As Gold 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.
You will be able to access your Good As Gold Account activity and
records from the “Manage Your Account” link on Network Chico’s website.
Your Good As Gold Account will show purchases and the amount of funds
remaining in your Good As Gold Account. Network Chico reserves the right
at all times to disclose any information about your Good As Gold
Account as Network Chico 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 Good As Gold Account, in the sole and absolute discretion of
Network Chico.
(D) PAY BY CHECK (ELECTRONIC CHECK)
By using Network Chico’s pay by check option (“Pay By Check”),
you can purchase Network Chico Services using an electronic check (from
your personal or business checking account, as appropriate). In
connection therewith, you agree to allow Certegy Check Services, Inc. (“Certegy”) to debit the full amount of your purchase from your checking account (“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
funded. You acknowledge and agree that (i) Certegy 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 Certegy nor Network Chico shall be liable to you or
any third party regarding the same. If for any reason Certegy is
unable to withdraw the full amount owed for the Services provided, you
agree that Certegy and Network Chico may pursue all available lawful
remedies in order to obtain payment (plus applicable fees).
Network Chico is not responsible for the actions of Certegy. 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. All fees are in U.S. Dollars.
Network Chico and its service providers, including but not limited to
Certegy Check Services, Inc. and Complete Payment Recovery Services,
Inc., may provide you with notices, including those regarding changes to
these terms of service, including by, but not limited to, email,
regular mail, SMS, MMS, text message, postings on the services, or other
reasonable means now known or hereafter developed. Such notices may not
be received if you violate these terms of service by accessing the
services in an unauthorized manner. Your agreement to these terms of
service constitutes your agreement that you are deemed to have received
any and all notices that would have been delivered had you accessed the
services in an authorized manner. You further expressly authorize
Network Chico and its Service Providers, including but not limited to
Certegy Check Services, Inc. and Complete Payment Recovery Services,
Inc., and their affiliates to contact you, via auto-dialer, pre-recorded
messages, or any other method, on any of your mobile phone numbers or
emails. You further acknowledge that email addresses you provide are not
shared, accessed by others and are not employer-related email
addresses.
United States, including District of Columbia:
AK
|
Alaska
|
$25.00
|
AL
|
Alabama
|
$30.00
|
AR
|
Arkansas
|
$25.00
|
AZ
|
Arizona
|
$25.00
|
CA
|
California
|
$25.00
|
CO
|
Colorado
|
$20.00
|
CT
|
Connecticut
|
$20.00
|
DC
|
District of Columbia
|
$15.00
|
DE
|
Delaware
|
$40.00
|
FL
|
Florida
|
- For face value of check $0.01 - $50.00, $25.00
- For face value of check $50.01 - $300.00, $30.00
- For face value of check $300.01 or more, greater of $40.00 or 5% of face value of check.
|
GA
|
Georgia
|
- Greater of $30.00 or 5% of face value of check
|
HI
|
Hawaii
|
$30.00
|
IA
|
Iowa
|
$30.00
|
ID
|
Idaho
|
- Lesser of $20.00 or face value of check
|
IL
|
Illinois
|
$25.00
|
IN
|
Indiana
|
$20.00
|
KS
|
Kansas
|
$30.00
|
KY
|
Kentucky
|
$25.00
|
LA
|
Louisiana
|
- Greater of $25.00 or 5% of face value of check
|
MA
|
Massachusetts
|
$25.00
|
MD
|
Maryland
|
$35.00
|
ME
|
Maine
|
$25.00
|
MI
|
Michigan
|
$25.00
|
MN
|
Minnesota
|
$30.00
|
MO
|
Missouri
|
$25.00
|
MS
|
Mississippi
|
$40.00
|
MT
|
Montana
|
$30.00
|
NC
|
North Carolina
|
$25.00
|
ND
|
North Dakota
|
$30.00
|
NE
|
Nebraska
|
$25.00
|
NH
|
New Hampshire
|
$25.00
|
NJ
|
New Jersey
|
$25.00
|
NM
|
New Mexico
|
$20.00
|
NV
|
Nevada
|
$25.00
|
NY
|
New York
|
$20.00
|
OH
|
Ohio
|
- Greater of $30.00 or 10% of face value of check
|
OK
|
Oklahoma
|
$25.00
|
OR
|
Oregon
|
$25.00
|
PA
|
Pennsylvania
|
$25.00
|
RI
|
Rhode Island
|
$25.00
|
SC
|
South Carolina
|
$30.00
|
SD
|
South Dakota
|
$40.00
|
TN
|
Tennessee
|
$30.00
|
TX
|
Texas
|
$30.00
|
UT
|
Utah
|
$20.00
|
VA
|
Virginia
|
$50.00
|
VT
|
Vermont
|
$25.00
|
WA
|
Washington
|
$25.00
|
WI
|
Wisconsin
|
$25.00
|
WV
|
West Virginia
|
$25.00
|
WY
|
Wyoming
|
$30.00
|
U.S. Territories:
AS
|
American Samoa
|
$15.00
|
GU
|
Guam
|
$15.00
|
PR
|
Puerto Rico
|
$15.00
|
VI
|
Virgin Islands
|
$15.00
|
U.S. Military States:
AA
|
Armed Forces Americas
|
$15.00
|
AE
|
Armed Forces Africa, Armed Forces Canada, Armed Forces Europe, Armed Forces Middle East
|
$15.00
|
AP
|
Armed Forces Pacific
|
$15.00
|
Canadian Provinces / Territories:
AB
|
Alberta
|
$20.00
|
BC
|
British Columbia
|
$20.00
|
MB
|
Manitoba
|
$20.00
|
NB
|
New Brunswick
|
$20.00
|
NL
|
Newfoundland and Labrador
|
$20.00
|
NS
|
Nova Scotia
|
$20.00
|
NT
|
Northwest Territories
|
$20.00
|
ON
|
Ontario
|
$20.00
|
PE
|
Prince Edward Island
|
$20.00
|
QC
|
Quebec
|
$15.00
|
SK
|
Saskatchewan
|
$20.00
|
YT
|
Yukon
|
$20.00
|
By clicking the box labeled “I agree” to the terms of the Pay By
Check payment option, 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.
(E) PAY BY PAYPAL
By using Network Chico’s pay by PayPal payment option (“PayPal”),
you can purchase Services using PayPal. In connection therewith, you
agree to allow PayPal to debit the full amount of your purchase from
your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).
It is your responsibility to keep your PayPal Account and PayPal
Funding Source current and funded, and your PayPal Account backed by a
valid credit card. 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
PayPal Account or PayPal Funding Source no longer existing or not
holding available/sufficient funds) and (ii) in such event, neither
PayPal nor Network Chico 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 your purchase, you agree that PayPal and
Network Chico may pursue all available lawful 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 PayPal Account or PayPal Funding
Source.
By clicking the box labeled “I agree” to the terms of the PayPal
payment option, you authorize a debit of the full amount of your
purchase from your PayPal Account or PayPal Funding Source.
(F) INTERNATIONAL PAYMENT OPTIONS
Network Chico offers a variety of alternative international
payment options through a variety of International Payment Providers
(“IPP”). In the event you select an IPP, you represent that you
have already agreed to any and all of the IPP’s applicable customer
service agreements in advance of completing your transaction at Network
Chico. You also agree to allow the IPP to debit the full amount of
your purchase from the selected bank account, e-wallet account
(including credit card(s), bank account(s), or other allowed payment
method(s) linked to your e-wallet account) or any other type of account
associated with the selected IPP (including but not limited to, prepaid
cards and mobile payments), collectively “Funding Sources”. In addition,
you agree to allow the selected IPP to debit, if applicable, an
“Exchange Rate Conversion Fee”, as well as any other fees or charges
applicable to your agreement with the IPP (collectively, the “IPP
Fees”), from your Funding Sources. You understand and agree that IPP
Fees are subject to change at any time by the IPP without notice to you
by Network Chico.
It is your responsibility to keep your Funding Sources current and
funded. You acknowledge and agree that (i) the IPP 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 Funding Sources no
longer existing or not holding available/sufficient funds) and (ii) in
such event, neither the IPP nor Network Chico shall be liable to you or
any third party regarding the same. You acknowledge that Network Chico
will not attempt to fulfill the Services purchased by you until Network
Chico receives confirmation of payment from the IPP through its
associated payment processor. You acknowledge there may be a gap of
several hours or days between the time you place an order and the time
the IPP confirms payment through its associated payment processor. If
Network Chico does not receive confirmation of payment from the IPP
through its associated payment processor within thirty (30) days from
when the order is placed, your order may be cancelled, at which time you
will need to commence the purchase process again. In the event that you
would like to cancel payment for a pending transaction, you may cancel
the order through your Network Chico account. Payments received on
previously cancelled orders will be automatically refunded to the
original Payment Method when possible.
If, at the time Network Chico receives confirmation of payment from
the IPP (through its associated payment processor), either (i) the
Services (including domain names) are no longer available for purchase;
or (ii) a pending order has been cancelled in our systems; or (iii) the
confirmation of payment does not match the dollar amount of the pending
order, and as a result your purchase is either over-funded or
under-funded, Network Chico may automatically issue a partial refund (in
the case of over-funding) or a full refund (in the case of
under-funding) to your Funding Source. If the IPP (or its associated
payment processor) imposes refund limitations of any kind, Network Chico
reserves the right to issue refunds to an in-store credit balance.
If you receive a full refund, you will need to begin the purchase
process again. You acknowledge and agree that the IPP reserves the
right not to refund IPP Fees associated with a refunded
transaction. Accordingly, any refunds issued by Network Chico will
be net of the IPP Fees unless otherwise specified.
(G) IN-STORE CREDIT BALANCES
In the event that your Account contains an in-store credit balance,
you may apply any available credit balance to any future purchase in
your Account. In the event that your Account contains an
in-store credit balance, you hereby authorize Network Chico to apply any
available credit balance to any outstanding administrative fees,
chargebacks or other fees related to your Account. In the event
that your default Payment Method fails for an automated billing in
connection with the processing of any Service renewals, Network
Chico may utilize any available in-store credit balance if there are
enough funds to cover the entire transaction. Regardless of the amount
of in-store credit available in your account, Network Chico is not
responsible for the loss of products resulting from an inability to
collect funds from your default Payment Methods or the in-store
credit. In-store credits will be applied based on the currency
selected in the shopping cart at the time of purchase (or renewal). If
you have more than one in-store credit, then the credits will be
processed according to the age of the credit, with the oldest in-store
credit being applied first. If additional funds are required to complete
the purchase or renewal, credits held in a non-selected currency will
be converted using Network Chico’s daily exchange rate based on the age
of the credit (oldest to newest) until (i) enough funds are allocated to
complete the transaction, or (ii) there is no available balance left in
your account. You understand and agree that at the time of conversion,
Network Chico may also impose an additional administrative fee to
compensate for the risks and costs associated with providing currency
conversion services.
You can verify your available in-store credit balance at any time by
logging into “Manage Your Account” or through the shopping cart on the
Network Chico website. You acknowledge that in-store credit balances are
non-transferrable, may only be used in the Account in which they
were acquired and may expire. Complimentary in-store credits will expire
two years after issuance. In the event that Network Chico
terminates your Account, you acknowledge and agree that any remaining
available in-store credit balance will be forfeited.
You also acknowledge that funds available in your in-store credit
balance will be held by Network Chico and will not accrue or pay
interest for your behalf. To the extent any interest may accrue, you
understand and agree that Network Chico shall be entitled to receive and
keep any such amounts to cover costs associated with supporting the
in-store credit balance functionality.
19. UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account
balance (a credit positive balance) for three (3) years or more for any
reason, and (i) Network Chico is unable to issue payment to such
customer or (ii) Network Chico issued payment to such customer in the
form of a paper check, but the check was never cashed, then Network
Chico shall turn over such account balance to the State of Arizona in
accordance with state law. You acknowledge and agree that in
either case (i) or (ii) above, Network Chico may withhold a dormancy
charge in an amount equal to the lesser of $15.00 or the total
outstanding account balance associated with such
customer.
20. 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.
21. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
22. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the
export laws, restrictions, regulations and administrative acts of the
United States Department of Commerce, Department of Treasury Office of
Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).
Users shall not use the Services found at this Site to collect, store
or transmit any technical information or data that is controlled under
U.S. Export Laws. Users shall not export or re-export, or allow
the export or re-export of, the Services found at this Site in violation
of any U.S. Export Laws. None of the Services found at this Site
may be downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) any country with which the United States has
embargoed trade; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Denied Persons List, or any other denied parties lists under U.S.
Export Laws. By using this Site and the Services found at this
Site, you agree to the foregoing and represent and warrant that you are
not a national or resident of, located in, or under the control of, any
restricted country; and you are not on any denied parties list; and you
agree to comply with all U.S. Export Laws (including “anti-boycott”,
“deemed export” and “deemed re-export” regulations). If you access
this Site or the Services found at this Site from other countries or
jurisdictions, you do so on your own initiative and you are responsible
for compliance with the local laws of that jurisdiction, if and to the
extent those local laws are applicable and do not conflict with U.S.
Export Laws. If such laws conflict with U.S. Export Laws, you
shall not access this Site or the Services found at this Site. The
obligations under this section shall survive any termination or
expiration of this Agreement or your use of this Site or the Services
found at this Site.
23. FOR INDIA RESIDENTS ONLY
You expressly agree that: (i) Network Chico (or its service provider)
may contact you by phone in order to resolve your complaint or dispute,
or your current service or billing issue; and (ii) in order to resolve
such complaint, dispute or issue, Network Chico may use and may disclose
to its service provider the following information: call recordings,
customer name, phone number(s) and contact preferences, tenure of your
relationship with Network Chico, products used, and information about
the nature of your complaint, dispute, or service issue.
24. COMPLIANCE WITH LOCAL LAWS
Network Chico 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.
25. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS
BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE
DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section shall apply to all
Disputes between you and Network Chico, except for disputes governed by
the Uniform Domain Name Dispute Resolution Policy referenced above and
available here.
For the purposes of this Section, “Dispute” shall mean any dispute,
claim, or action between you and Network Chico arising under or relating
to any Network Chico Services or Products, Network Chico’s websites,
these Terms, or any other transaction involving you and Network Chico,
whether in contract, warranty, misrepresentation, fraud, tort,
intentional tort, statute, regulation, ordinance, or any other legal or
equitable basis, and shall be interpreted to be given the broadest
meaning allowable under law. YOU AND Network Chico AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Network Chico
FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii)
COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR
DILUTION. Moreover, notwithstanding anything else in these Terms, you
agree that a court, not the arbitrator, may decide if a claim falls
within one of these four exceptions.
(B) Binding Arbitration. You and Network Chico further
agree: (i) to arbitrate all Disputes between the parties pursuant to the
provisions in these Terms; (ii) these Terms memorialize a transaction
in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1,
et seq.) governs the interpretation and enforcement of this Section; and
(iv) this Section shall survive termination of these Terms. ARBITRATION
MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT
PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may
award you the same damages as a court sitting in proper jurisdiction, as
limited by the Limitation of Liability set forth in Section 15 of this
Agreement and may award declaratory or injunctive relief only in favor
of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party’s individual claim. In
addition, in some instances, the costs of arbitration could exceed the
costs of litigation and the right to discovery may be more limited in
arbitration than in court. The decision of the arbitrator shall be final
and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you
may bring an individual action in the small claims court of your state
or municipality if the action is within that court’s jurisdiction and is
pending only in that court.
(D) Dispute Notice. In the event of a Dispute, you or
Network Chico must first send to the other party a notice of the Dispute
that shall include a written statement that sets forth the name,
address and contact information of the party giving it, the facts giving
rise to the Dispute, and the relief requested (the “Dispute Notice”).
The Dispute Notice to Network Chico must be addressed to: Network Chico ,
14455 N. Hayden Rd., Scottsdale, AZ 85260, Attn.: Legal Department (the
“Network Chico Notice Address”). The Dispute Notice to you will be sent
by certified mail to the most recent address we have on file or
otherwise in our records for you. If Network Chico and you do not
reach an agreement to resolve the Dispute within sixty (60) days after
the Dispute Notice is received, you or Network Chico may commence an
arbitration proceeding pursuant to this Section. Following submission
and receipt of the Dispute Notice, each of us agrees to act in good
faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND Network Chico
AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY
IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT
LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS.
NEITHER YOU NOR Network Chico
WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY
GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS
OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR
OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR
WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR
PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence
arbitration, the arbitration will be administered by the American
Arbitration Association (“AAA”) and governed by the Consumer Arbitration
Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth
in these Terms, except that AAA may not administer any multiple claimant
or class arbitration, as the parties agree that the arbitration shall
be limited to the resolution only of individual claims. The AAA
Rules are at www.adr.org or by calling 1-800-778-7879. If there is a
conflict between the AAA Rules and the rules set forth in these Terms,
the rules set forth in these Terms shall govern. You may, in
arbitration, seek any and all remedies otherwise available to you
pursuant to federal, state, or local laws, as limited by the Limitation
of Liability set forth in Section 15 of this Agreement. All Disputes
shall be resolved by a single neutral arbitrator, and both parties shall
have a reasonable opportunity to participate in the selection of the
arbitrator. The arbitrator is bound by these Terms. The arbitrator, and
not any federal, state or local court or agency, shall have exclusive
authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability or formation of these
Terms, including, but not limited to, any claim that all or any part of
these Terms is void or voidable. The arbitrator shall also have
exclusive authority to rule on his or her own jurisdiction, including
any objections with respect to the existence, scope, or validity of the
arbitration agreement or to the arbitrability of any claim or
counterclaim. Notwithstanding this broad delegation of authority
to the arbitrator, a court may determine the limited question of whether
a claim or cause of action is for (i) trade secret misappropriation,
(ii) patent infringement, (iii) copyright infringement or misuse, or
(iv) trademark infringement or dilution, which are excluded from the
definition of “Disputes” as stated above. The arbitrator shall be
empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator’s award shall be binding on the parties
and may be entered as a judgment in any court of competent
jurisdiction. You may choose to engage in arbitration hearings by
telephone. Arbitration hearings not conducted by telephone shall take
place in a location reasonably accessible from your primary residence
(or principal place of business if you are a small business), or in
Maricopa County, Arizona, at your option.
(G) Initiation of Arbitration Proceeding. If either you or Network Chico decide to arbitrate a Dispute, we agree to the following procedure:
i. Write a Demand for Arbitration. The demand must
include a description of the Dispute and the amount of damages sought to
be recovered. You can find a copy of a Demand for Arbitration at
http://www.adr.org (“Demand for Arbitration: Consumer Arbitration
Rules”).
ii. Send one copy of the Demand for Arbitration to AAA by mail
at American Arbitration Association Case Filing Services 1101 Laurel Oak
Road, Suite 100 Voorhees, NJ 08043.
iii. Send one copy of the Demand for Arbitration to the other party
at the same address as the Dispute Notice, or as otherwise agreed to by
the parties.
(H) Hearing Format. In all hearing formats, the arbitrator
shall issue a written decision that explains the essential findings and
conclusions on which an award, if any, is based. During the arbitration,
the amount of any settlement offer made by Network Chico or you shall
not be disclosed to the arbitrator until after the arbitrator determines
the amount, if any, to which you or Network Chico is entitled. The
discovery or exchange of non-privileged information relevant to the
Dispute may be allowed during the arbitration.
(I) Arbitration Fees and Payments.
i. Disputes involving $75,000 or less. Network Chico will promptly
reimburse your filing fees and pay the AAA’s and arbitrator’s fees and
expenses. If you reject Network Chico’s last written settlement offer
made before the arbitrator was appointed (“Network Chico’s last written
offer”), your dispute goes all the way to an arbitrator’s decision
(called an “award”), and the arbitrator awards you more than Network
Chico’s last written offer, Network Chico will: (i) pay the greater of
the award or $1,000; (ii) pay twice your reasonable attorney’s fees, if
any; and (iii) reimburse any expenses (including expert witness fees and
costs) that your attorney reasonably accrues for investigating,
preparing, and pursuing your claim in arbitration. The arbitrator will
determine the amount of fees, costs, and expenses unless you and Network
Chico agree on them.
ii. Disputes involving more than $75,000. The AAA rules will govern
payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
iii. Disputes involving any amount. In any arbitration you commence,
Network Chico will seek its AAA or arbitrator’s fees and expenses, or
your filing fees it reimbursed, only if the arbitrator finds the
arbitration frivolous or brought for an improper purpose. In any
arbitration Network Chico commences, Network Chico will pay all filing,
AAA, and arbitrator’s fees and expenses. Network Chico will not
seek its attorney’s fees or expenses from you in any arbitration.
Fees and expenses are not included in determining the amount in dispute.
(J) Claims or Disputes Must be Filed Within One Year.
To the extent permitted by law, any claim or dispute to which this
Section applies must be filed within one year in small claims or in
arbitration. The one-year period begins when the claim or Notice of
Dispute first could be filed. If not filed within one year, the
claim or dispute will be permanently barred.
(K) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY Network Chico BY E-MAILING LEGALOPTOUT@SECURESERVER.NET
WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER
PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide
your (a) first name, (b) last name (c) address, (d) phone number, and
(e) account number(s) and state the following: “I wish to opt out of the
arbitration provision contained in Network Chico’s Universal Terms of
Service Agreement.” By providing your information in the method above,
you are opting out of the agreement to arbitrate contained in Network
Chico’s Universal Terms of Service. Your opt-out request will only
be valid if made within thirty (30) days of first accepting the
Universal Terms of Service. In the event that you opt-out consistent
with the procedure set forth above, all other terms shall contained
herein shall continue to apply, including those related to the
applicable governing law and the court(s) in which legal disputes may be
brought.
(L) Amendments to this Section. Notwithstanding any
provision in these Terms to the contrary, you and Network Chico agree
that if Network Chico makes any future amendments to the dispute
resolution procedure and class action waiver provisions (other than a
change to Network Chico’s address) in these Terms, Network Chico will
notify you and you will have thirty (30) days from the date of notice to
affirmatively opt-out of any such amendments. If you
affirmatively opt-out of any future amendments, you are agreeing that
you will arbitrate any Dispute between us in accordance with the
language of this Section as stated in these current Terms, without any
of the proposed amendments governing. If you do not affirmatively
opt-out of any future amendments, you will be deemed to have consented
to any such future amendments.
(M) Severability. If any provision in this Section is found
to be unenforceable, that provision shall be severed with the remainder
of these Terms remaining in full force and effect. The foregoing shall
not apply to the prohibition against class or representative actions; if
the prohibition against class or representative actions is found to be
unenforceable, this entire Section shall be null and void. The terms of
this Section shall otherwise survive any termination of these Terms.
(N) Exclusive Venue for Other Controversies. Network Chico
and you agree that any controversy excluded from the dispute resolution
procedure and class action waiver provisions in this Section (other than
an individual action filed in small claims court) shall be filed only
in the Superior Court of Maricopa County, Arizona, or the United States
District Court for the District of Arizona, and each party hereby
irrevocably and unconditionally consents and submits to the exclusive
jurisdiction of such courts for any such controversy. You also
agree to waive the right to trial by jury in any such action or
proceeding.
26. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and
ease of reference only and shall not be utilized in any way to construe
or interpret the agreement of the parties as otherwise set forth
herein. Each covenant and agreement in this Agreement shall be
construed for all purposes to be a separate and independent covenant or
agreement. If a court of competent jurisdiction holds any
provision (or portion of a provision) of this Agreement to be illegal,
invalid, or otherwise unenforceable, the remaining provisions (or
portions of provisions) of this Agreement shall not be affected thereby
and shall be found to be valid and enforceable to the fullest extent
permitted by law.
27. ENGLISH LANGUAGE CONTROLS
This Agreement, along with all policies and the applicable product
agreements identified above and incorporated herein by reference
(collectively, the “Agreement”), is executed in the English language. To
the extent any translation is provided to you, it is provided for
convenience purposes only, and in the event of any conflict between the
English and translated version, where permitted by law, the English
version will control and prevail. Where the translated version is
required to be provided to you and is to be considered binding by law
(i) both language versions shall have equal validity, (ii) each party
acknowledges that it has reviewed both language versions and that they
are substantially the same in all material respects, and (iii) in the
event of any discrepancy between these two versions, the translated
version may prevail, provided that the intent of the Parties has been
fully taken into consideration.
28. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Network Chico Legal Department 14455 North Hayden Rd. Suite 219 Scottsdale, AZ 85260 support@secureserver.net
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