Date of last revision: 07/15/2020

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REMEDIES.

1. GENERAL INFORMATION

This Universal Terms of Service Agreement (this “Agreement”) is entered into between Tecnologia Masterweb SAS (“”) and you, and is effective from the date you use 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 the Site (individually and collectively, the “Services”). Service Agreements and additional policies apply to certain services and are in addition to (not in place of) this agreement. In the event of a conflict between the provisions of the Services Agreement and those of this Agreement, the provisions of the applicable Service Agreement shall govern.

The terms “we”, “us” or “our” shall refer to Masterweb Solutions. The terms “you”, “your”, “yours”, “User” or “customer” refer to any person or entity that accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer benefits or rights on any third party.

2. MODIFICATION OF THE CONTRACT, SITE OR SERVICES

Masterweb Solutions may, in its sole discretion, change or modify this Agreement, and any policies or agreements incorporated herein, at any time, and such changes or modifications will be effective immediately when posted on this Site. Your use of this Site or the Services for which these changes or modifications have been made will constitute your acceptance of the latest revision of this Agreement. 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, from time to time, Masterweb Solutions may notify you of changes or modifications to this Agreement by email. Therefore, it is very important that you keep your buyer account information (“Account”) up to date. Masterweb Solutions assumes no responsibility of any kind for the fact that you do not receive an email notification, if such problem arises from an incorrect email address. In addition, Masterweb Solutions may terminate Your use of the Services if You violate or fail to comply with any of the terms of this Agreement. Masterweb Solutions RESERVES THE RIGHT TO MODIFY, CHANGE OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ITS PRICES AND FEES, AT ANY TIME. Masterweb Solutions may terminate Your use of the Services if You violate or fail to comply with any of the terms of this Agreement. Masterweb Solutions RESERVES THE RIGHT TO MODIFY, CHANGE OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ITS PRICES AND FEES, AT ANY TIME. Masterweb Solutions may terminate Your use of the Services if You violate or fail to comply with any of the terms of this Agreement. Masterweb Solutions RESERVES THE RIGHT TO MODIFY, CHANGE OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ITS PRICES AND FEES, AT ANY TIME.

3. ELIGIBILITY; FACULTY

This Site and the Services are available only to individuals or entities (“Users”) who can enter into binding contracts under applicable law. By using this Site or the Services, you represent and warrant that (i) you are over eighteen (18) years of age, (ii) that you are capable of entering into legally binding contracts under applicable law, or (iii) that you do not have Purchasing or receiving the Services is prohibited 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”, “yours”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Masterweb Solutions finds that you do not have the legal authority to bind such corporate entity, you will be personally liable for the obligations contained in this Agreement, including, but not limited to, payment obligations. Masterweb Solutions will not be liable for any loss or damage resulting from the fact that Masterweb Solutions has relied on an instruction, notification, document or communication about which, Masterweb Solutions could reasonably have believed that they were genuine and that they came from an authorized representative of its corporate entity. If there is reasonable doubt about the authenticity of any such instructions, notices, documents or communications, Masterweb Solutions reserves the right (but assumes no obligation) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions recorded by you, anyone acting as your agent, and anyone using your account or the Services, whether or not authorized by you. If there is reasonable doubt about the authenticity of any such instructions, notices, documents or communications, Masterweb Solutions reserves the right (but assumes no obligation) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions recorded by you, anyone acting as your agent, and anyone using your account or the Services, whether or not authorized by you. If there is reasonable doubt about the authenticity of any such instructions, notices, documents or communications, Masterweb Solutions reserves the right (but assumes no obligation) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions recorded by you, anyone acting as your agent, and anyone using your account or the Services, whether or not authorized by you.

4. YOUR ACCOUNT

In order to access some of the features of this Site or use of some of the Services, you will need to create an account. You represent and warrant to Masterweb Solutions that any information you provide when you create your Account is accurate, current and complete, and that your Account information will be kept accurate, current and complete. If Masterweb Solutions has reason to believe that your Account information is untrue, inaccurate, not current, or incomplete, Masterweb Solutions reserves the right, in its sole discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs in your Account, whether authorized by you or not, and you must keep your information safe; including but not limited to your customer number/login, password, Payment Methods (as defined below) and, buyer identification number (PIN). For security reasons, Masterweb Solutions recommends that you change your buyer PIN and password at least once every six (6) months for each Account. You must immediately notify Masterweb Solutions of any event of a breach of security or unauthorized use of your Account. Masterweb Solutions will not be liable for any loss you may incur as a result of any unauthorized use of your Account. However, you will be responsible for any loss caused by your Account that Masterweb Solutions or third parties may suffer, whether caused by you or an authorized person, or by an unauthorized person. For security reasons, Masterweb Solutions recommends that you change your buyer PIN and password at least once every six (6) months for each Account. You must immediately notify Masterweb Solutions of any event of a breach of security or unauthorized use of your Account. Masterweb Solutions will not be liable for any loss you may incur as a result of any unauthorized use of your Account. However, you will be responsible for any loss caused by your Account that Masterweb Solutions or third parties may suffer, whether caused by you or an authorized person, or by an unauthorized person. For security reasons, Masterweb Solutions recommends that you change your buyer PIN and password at least once every six (6) months for each Account. You must immediately notify Masterweb Solutions of any event of a breach of security or unauthorized use of your Account. Masterweb Solutions will not be liable for any loss you may incur as a result of any unauthorized use of your Account. However, you will be responsible for any loss caused by your Account that Masterweb Solutions or third parties may suffer, whether caused by you or an authorized person, or by an unauthorized person. You must immediately notify Masterweb Solutions of any event of a breach of security or unauthorized use of your Account. Masterweb Solutions will not be liable for any loss you may incur as a result of any unauthorized use of your Account. However, you will be responsible for any loss caused by your Account that Masterweb Solutions or third parties may suffer, whether caused by you or an authorized person, or by an unauthorized person. You must immediately notify Masterweb Solutions of any event of a breach of security or unauthorized use of your Account. Masterweb Solutions will not be liable for any loss you may incur as a result of any unauthorized use of your Account. However, you will be responsible for any loss caused by your Account that Masterweb Solutions or third parties may suffer, whether caused by you or an authorized person, or by an unauthorized person.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services, and all applicable local, state, and federal laws, rules, and regulations. relevant national and international
2. You will not collect, collect (or permit anyone else to collect) any User Content (as defined below) or private or personally identifiable information about another User or any other person or entity, without the express consent and prior written consent from them.
3. You will not use this Site or the Services in a manner that (as determined by Masterweb Solutions in its sole discretion):
   • Is illegal, promotes or encourages illegal activity;
   • Promotes, encourages, or engages in child exploitation or any activity associated with the proliferation of child sexual abuse material (CSAM);
   • Promotes, encourages or engages in terrorism, violence against people, animals or property;
   • Promote, encourage or participate in any spamming or other unsolicited mass emailing, hacking or breach of systems;
   • Violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage, or engage in the sale or distribution of prescription drugs without a valid prescription;
   • Violate the Online Sex Trafficking Act 2017 or similar laws, or promote or facilitate prostitution and/or sex trafficking;
   • Infringes the intellectual property rights of another User or any other person or entity;
   • Violate the privacy or publicity rights of another User or any other person or entity, or breach any duty of confidentiality that you owe to another User or other person or entity;
   • Interfere with the operation of this Site or the Services found on it;
   • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs intended or capable of adversely affecting, damaging or limiting the functionality of any software or hardware; either
   • Contains false or misleading language, or unsubstantiated claims or the like, in connection with Masterweb Solutions or the Masterweb Solutions Services.
4. You will not reproduce or distribute in any medium any part of this Site or the Services, except as expressly authorized by Masterweb Solutions.
5. You will not modify or alter any part of this Site or the Services found on it, or any of its related technologies.
6. You will not access Masterweb Solutions Content (as defined below) or User Content through any technology or by any means other than through this Site itself, or as directed by Masterweb Solutions.
7. You agree to make a backup copy of all of your User Content so that you can access and use it whenever you need to. Masterweb Solutions does not guarantee to support any Account or User Content, and you agree to accept the loss of all your User Content at risk.
8. You will not resell or provide the Services for commercial purposes, including any of Masterweb Solutions’ technologies, without the express prior written consent of Masterweb Solutions.
9. You will not circumvent, disable, or otherwise interfere with any security-related features of this Site or the Services found on this Site (including, without limitation, features that prevent or restrict the use or copying of any Site Content). Masterweb Solutions or User Content), nor will it impose limitations on the use of this Site or the Services found on this Site, the Masterweb Solutions Content or the User Content therein.
10. You agree to provide a government-issued photo ID or government-issued business ID to verify your identity when requested.
11. You acknowledge that Masterweb Solutions may from time to time call you in connection with your account, and that, for the purposes of all such calls, your call may be recorded and you hereby consent to it, subject to any applicable law and our restrictions and obligations in this regard, including, where permitted, recording all such calls regardless of Masterweb Solutions asking you, on a particular call, for your consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, such recordings may be submitted as evidence in any legal proceeding to which Masterweb Solutions is a party. Also, by providing your phone or mobile number, you consent to receive marketing telephone calls from Masterweb Solutions which may be initiated by an automatic telephone dialing system and/or the use of an artificial or pre-recorded voice. You understand that providing your consent is not a condition of purchasing any product or service from Masterweb Solutions. Similarly, by providing your mobile phone number, you consent to receive marketing text messages from or on behalf of Masterweb Solutions that may be sent using an automatic telephone dialing system. You understand that providing your consent is not a condition of purchasing any product or service from Masterweb Solutions. Message and data rates may apply.
12. Without limiting any of our rights set forth in the Agreement, Masterweb Solutions expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Service (including, without limitation, the right to cancel or transfer any domain name registration) to any User (i) whose Account or whose Services have been previously terminated or suspended, whether due to breach of this or any other Agreement or any other policy of Masterweb Solutions, or (ii) who participates in or You have engaged in inappropriate or illegal activity while using the Site or Services (as determined by Masterweb Solutions in its sole discretion).

6. PROTECTION OF YOUR DATA

Masterweb Solutions offers certain Hosting Services that are available to you that may include the submission, collection and/or use of personally identifiable information about you and your own customers (“Your Data”) during your use of these Services. (“Covered Services”). For purposes of this Section, Your Data excludes any User Content. The purpose of the Data Processing Addendum(“ADP”) of Masterweb Solutions, which is incorporated herein by reference and applies to Covered Services, is to provide you with a contractual assurance that we have robust mechanisms in place to ensure that transfers of Your Data, including transfers of Your Data from EEA to Covered Services, comply with applicable data privacy laws.

For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (where and as applicable), you (and your applicable affiliates) are deemed to be the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Service will also be treated as your acknowledgment and acceptance of the APD and its appendices (including the Standard Contractual Clauses and their appendices, as applicable). If you would like to print, sign and return a physical copy of the DPA, please send an email request to [email protected].

As defined in this section and in the DPA, Covered Services include hosting services that are subject to the terms and conditions of the following Agreements: (1) Domain Name Registration , (2) Email Marketing Services , (3) Hosting , (4) Online Store/Fast Shopping Cart , (5) Website Builder Services .

7. USER CONTENT

Some of the features of this Site or the Services, including the Services that are hosted with Masterweb Solutions, may allow Users to view, post, share, store or manage (a) ideas, opinions, recommendations or advice through postings in forums, content submitted for a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical or other content type, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is considered User Content. By publishing or posting User Content to this Site or through the Services, you represent and warrant to Masterweb Solutions that (i) you have all necessary rights to distribute User Content through this Site or through the Services, 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, authorizations, and/or written permission to use the rights, granted by the author or other owner of the User Content, and (ii) the User Content does not infringe the rights from any third party. You will be solely responsible for any and all of your User Content or User Content that is submitted through your Account and the consequences of its distribution and the requirements to do so.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Masterweb Solutions to treat your User Submissions as confidential or secret, that Masterweb Solutions has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or any third party for any intentional or unintentional use of your User Submissions and that Masterweb Solutions may be working on the same or similar content, may already have knowledge of such content by other sources, or maybe you just want to develop this (or similar) content yourself, or you may have/will take some other action.

Masterweb Solutions must own the exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted on this Site and shall have the right to unrestricted use and dissemination of User Submissions posted on this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or third parties.

User Content Other Than User Submissions.By publishing or posting User Content on this Site or through the Services, you authorize Masterweb Solutions to use the intellectual property and other proprietary rights in your User Content to enable the insertion and use of the User Content in the manner provided by this Site and this Agreement. You grant Masterweb Solutions a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, and combine with other works, display, and perform your User Content on connection with this Site, the Services and the business of Masterweb Solutions (and affiliates of Masterweb Solutions), including without limitation, for the promotion and redistribution of all or part of this Site in any media format and through media channels without restriction of any kind and without payment or consideration of any kind, or permission or notice, to you or third parties. 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 as “private” or “password-protected”) through this Site. and to use, reproduce, distribute, prepare derivative works of, combine with other works, display and perform your (your) User Content, as permitted through the functionality of this Site and under this Agreement. The foregoing licenses granted by you to your User Content expire within a commercially reasonable time after the User Content is removed or removed from this Site. However, you understand and agree that Masterweb Solutions may retain (but not distribute, display or perform) server copies of your User Content that has been removed or deleted. The aforementioned licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary herein, Masterweb Solutions may not use any User Content that has been designated as “private” or “password protected” by you for the purpose of promoting this Site or Masterweb Solutions business ( or affiliates of Masterweb Solutions).

8. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our policies and procedures, we will use commercially reasonable efforts to attempt to provide this Site and the Services twenty-four (24) hours a day, seven (7) days a week. week. You acknowledge and agree that, from time to time, this Site may not be accessible or operable for any reason; including, but not limited to, equipment failures; periodic repair or maintenance operations that we may carry out from time to time; or causes beyond our control or that we cannot reasonably foresee, including, without limitation, interruptions or failures of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

9. PRODUCT CREDITS

In the event a product credit (“Credit”) is provided to you, whether to redeem the purchase of a specific product or free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only will be valid for one (1) year and will only be available with a qualifying purchase, and may be terminated in the event the purchased product is deleted, cancelled, transferred, or not renewed. The Credit will expire one (1) year after the date of purchase of the purchased Product if the Credit has not been redeemed. In the event Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you want to cancel the automatic renewal of the product, You can do this by visiting your account or by contacting customer service. If your Purchased Product includes a free domain name, and you cancel the Purchased Product, the list price of the domain name will be deducted from the refund amount. The list price is the price of the domain name that is included in the Masterweb Solutions website and is not subject to promotions, discounts or other price reductions. For free Credit issuances with another purchased Product, you acknowledge and agree that we may exchange your Credit for a similar product, at our sole discretion. The list price is the price of the domain name that is included in the Masterweb Solutions website and is not subject to promotions, discounts or other price reductions. For free Credit issuances with another purchased Product, you acknowledge and agree that we may exchange your Credit for a similar product, at our sole discretion. The list price is the price of the domain name that is included in the Masterweb Solutions website and is not subject to promotions, discounts or other price reductions. For free Credit issuances with another purchased Product, you acknowledge and agree that we may exchange your Credit for a similar product, at our sole discretion.

10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Masterweb Solutions generally does not pre-screen User Content (whether posted on a website hosted by Masterweb Solutions or posted on this Site). However, Masterweb Solutions reserves the right (but has no obligation) to do so and decides whether any element of the User Content is appropriate or complies with this Agreement. Masterweb Solutions may remove any item of User Content (whether placed on a website hosted by Masterweb Solutions or posted on this Site) or terminate a user’s access to this Site or the Services located there by placing or post any material that violates this Agreement or is otherwise in violation of this Agreement (as determined by Masterweb Solutions in its sole and absolute discretion), at any time and without prior notice. Masterweb Solutions may also terminate a user’s access to this Site or the Services found there, if Masterweb Solutions has reason to believe that the User repeatedly violates the rules. If you terminate your access to this Site or the Services found on it, you may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

11. INTERRUPTED SERVICES; END OF LIFE POLICY

Masterweb Solutions reserves the right to stop offering or providing the Services at any time, for any or no reason, and without notice. Although Masterweb Solutions makes every effort to maximize the useful life of all of its Services, there are times when a Service we offer will be discontinued or reach the end of its useful life (“EOL”). If such is the case, Masterweb Solutions will no longer support the product or service in any way as of the EOL date.

Notice and migration.In the event that the Services we offer have reached or reach the EOL, we will try to notify you thirty or more days in advance of the EOL date. You are responsible for taking all steps necessary to replace the Service by migrating to a new Service prior to the EOL date, or by completely discontinuing reliance on such Service prior to the EOL date. In any event, Masterweb Solutions will offer a comparable Service for you to migrate to for the remainder of your purchase term, a prorated credit for use in store, or a prorated refund, to be determined by Masterweb Solutions in its sole and absolute discretion. Masterweb Solutions may, with or without notice, migrate you to the most current version of the Service, if available.

Disclaimer. Masterweb Solutions shall not be liable to you or any third party for any modification, suspension or interruption of the Services that we may offer or to which we may provide access.

12. BETA SERVICES

Masterweb Solutions may eventually offer new Services (expected limited services or new entitlements for existing Services) in pre-release versions. New Services, new features to existing Services, or limited prior services, will be known, individually and collectively, as “Beta Services.” If you choose to use any of the Beta Services, your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not function properly; (ii) You acknowledge and agree that use of the Beta Services may expose you to unusual risks of operational failure; (iii) Beta Services are provided on an “as is” basis, therefore, it is not recommended to use them in production processes or in mission-critical environments; (iv) Masterweb Solutions reserves the right to modify, change or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change materially, and programs you use or run with the Beta Services may not work with commercially released versions or later versions; (vi) Masterweb Solutions may limit the availability of Customer Service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide immediate feedback on your experience with the Beta Services as reasonably requested by us, including information necessary to allow us to reproduce errors or problems you experience. You further acknowledge and agree that we may use your feedback for any purpose, including product development. At our request, you will provide us with feedback that we may use publicly for press and marketing materials. All intellectual property inherent in your comments or arising from your use of the Beta Services shall be the exclusive property of Masterweb Solutions; (viii) You acknowledge and agree that all information about your use of the Beta Services, including your experience and opinions regarding the Beta Services, is confidential and may not be disclosed to any third party or used for any purpose other than to provide feedback to Masterweb Solutions; (ix) The Beta Services are provided “as is”, “as available” and “with all faults”. To the extent permitted by law, Masterweb Solutions disclaims all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. infringement.

13. FEES AND PAYMENTS

You agree that one of our affiliated entities may debit payments from your Payment Method. During your purchase, if your payment was identified as processed in the United States, your transaction will be processed by Wild West Domains, LLC; if your payment was identified as processed in Canada, your transaction will be processed by Wild West Domains Canada, Inc.; if your payment was identified as being processed in the United Kingdom, your transaction will be processed by Europe Domains Hosting Services, Ltd.; if your payment was identified as processed in India, your transaction will be processed by Universal Domains and Hosting Services India Pvt Ltd. During your purchase, if your payment was identified as processed in a country other than those listed above,

**_ (A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS_**

Payment date at the time of the order; Non refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise stated in the Refund Policy .

Price changes. Masterweb Solutions reserves the right to change its prices and fees at any time, and such changes will be posted online on this Site and will be effective immediately without further notice to you. If you have purchased or obtained Services for a period of months or years, price and fee changes will be effective when the Services in question are due for renewal, as described below.

Payment types.Except as prohibited in any specific product agreement, you must pay for services using any of the following “Payment Methods”: (i) valid credit card, (ii) “Good As Gold Prepaid Services” (which are defined below); (iii) electronic payment from your personal or business checking account, as applicable (as defined below); (iv) PayPal, (v) International Payment Option (as defined below), or (vi) through store credit balances, if applicable (as defined below), each of which is considered a “Payment Method”. The “Quick Pay” feature automatically places an order for the applicable Service and charges it to the default Quick Pay Payment Method for your Account. An order confirmation will be sent to the email address registered for your Account. Your Payment Method on file must continue to be valid if you have any active Services on your Account. You further agree that your payment processing location may change for any reason, including the type of Payment Method chosen, currency selected, or changes or updates to your Payment Method.

Refunds issued. You agree that when refunds are issued to your Payment Method, the issuance of a refund receipt by Masterweb Solutions is only confirmation that Masterweb Solutions has sent your refund to the Payment Method charged at the time of the original sale and that Masterweb Solutions has no control over when the refund will be applied to the available balance of your Payment Method. In addition, you acknowledge and agree that the payment provider or the bank that issues your Payment Method establishes and regulates timeframes for posting your refund, and such timeframes may vary from five (5) business days to a full billing cycle or period. elderly.

If a refund is issued to your Payment Method and the payment provider, payment processor or bank that issues your Payment Method imposes limitations on refunds, including, without limitation, limitations on the term of refunds or the amount of refunds. Refunds Allowed, Masterweb Solutions, in its sole and absolute discretion, reserves the right to issue refund (i) in the form of store credit, (ii) by issuing a Masterweb Solutions check, to be mailed to the postal address listed on your Account or (iii) in some jurisdictions, such as bank transfer, where the payment processor is unable to refund the Payment Method. Masterweb Solutions also has the right to offer a store credit for customers seeking a refund,

Monthly billing date. If you are billed monthly, your monthly billing date will be based on the date you purchased the Services, unless that date falls after the 28th of the month, in which case, the billing date will be on the 28th of each month.

Automatic Renewal Terms. Except as required by applicable law, Masterweb Solutions does not retain paper or electronic versions of mandates, standing orders or standing instructions and/or any signed consents related to the use of our automatic renewal services, and therefore we cannot provide any such documents if requested. You can view or change your auto-renewal settings at any time by logging into your Masterweb Solutions account.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. EXCEPT FOR THE REASONS PROVIDED BELOW IN THIS SECTION, THE AUTOMATIC RENEWAL OPTION RENEWS APPLICABLE SERVICE, FOR A RENEWAL PERIOD, OF THE SAME DURATION AS THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES TO BE RENEWED). TO THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS ONE YEAR, YOUR RENEWAL PERIOD WILL BE ONE YEAR. HOWEVER, IF YOU CANNOT MAKE THE RENEWAL WITH THE REGISTERED PAYMENT METHOD,

UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, Masterweb Solutions WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT REACHES THE TIME OF RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) ON YOUR ACCOUNT OR YOUR ( S) DESIGNATED BACKUP PAYMENT METHOD(S) THAT YOU HAVE ON RECORD WITH Masterweb Solutions. WHEN AUTOMATICALLY RENEWING YOUR SERVICES, Masterweb Solutions WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) ON YOUR ACCOUNT. IN THE EVENT THAT Masterweb Solutions IS UNABLE TO CHARGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT METHOD(S) DESIGNATED AS “BACKUP” ON YOUR ACCOUNT. RENEWALS WILL BE CHARGED AT THE CURRENT RATES OF Masterweb Solutions AT THAT TIME, THAT YOU ACKNOWLEDGE AND AGREE THAT THEY MAY BE HIGHER OR LOWER THAN THE FEES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO VIEW THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER ON THIS SITE AND FOLLOW THE STEPS FOUNDHERE . IF YOU DO NOT WISH TO RENEW ANY OF THE SERVICES AUTOMATICALLY, YOU MAY CHOOSE TO CANCEL THE RENEWAL. IN THAT EVENT, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE CURRENT TERM, UNLESS YOU MANUALLY RENEW THEM PRIOR TO THAT DATE. IN OTHER WORDS, IF YOU CHOOSE TO DISABLE THE AUTOMATIC RENEWAL OPTION AND DO NOT MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF YOUR SERVICES AND Masterweb Solutions WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THE SAME.

IN ADDITION, Masterweb Solutions MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” ENABLED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY, DEPENDING ON YOUR BANK’S PARTICIPATION). IF WE CANNOT SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER OR EXPIRATION DATE OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD. CREDIT IN OUR NAME WITHOUT NOTIFYING US. IN ACCORDANCE WITH THE REQUIREMENTS OF THE RECURRING BILLING PROGRAM, IN THE EVENT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER OR EXPIRATION DATE, Masterweb Solutions WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. Masterweb Solutions DOES NOT GUARANTEE 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) CANCELLATION OF PRODUCTS AND (II) ENSURE THAT YOUR ASSOCIATED PAYMENT METHODS ARE UP-TO-DATE AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT FAILURE TO DO SO MAY RESULT IN INTERRUPTION OR LOSS OF SERVICES, AND Masterweb Solutions SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THIS MATTER. (i) THE CANCELLATION OF THE PRODUCTS AND (II) ENSURE THAT YOUR ASSOCIATED PAYMENT METHODS ARE UP-TO-DATE AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT FAILURE TO DO SO MAY RESULT IN INTERRUPTION OR LOSS OF SERVICES, AND Masterweb Solutions SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THIS MATTER. (i) THE CANCELLATION OF THE PRODUCTS AND (II) ENSURE THAT YOUR ASSOCIATED PAYMENT METHODS ARE UP-TO-DATE AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT FAILURE TO DO SO MAY RESULT IN INTERRUPTION OR LOSS OF SERVICES, AND Masterweb Solutions SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THIS MATTER.

If for any reason you are unable to charge your Payment Method for the full amount due, or if Masterweb Solutions receives notice of a surcharge, reversal, payment dispute, or is charged a penalty for a fee previously charged to your Payment Method, you You agree that Masterweb Solutions will pursue all legal remedies in order to obtain payment, including, without limitation, immediate cancellation without notice of any domain name or Service registered or renewed in your name. Masterweb Solutions also reserves the right to charge you reasonable “administrative fees” for (i) tasks that Masterweb Solutions may perform outside the normal scope of its Services, (ii) additional time or costs that Masterweb Solutions may incur in providing its Services or (iii) your (your) failure to comply with this Agreement (as determined by Masterweb Solutions in its sole and absolute discretion). Typical cases in which administrative or processing fees are charged include, but are not limited to (i) customer service issues that require additional time and personal attention; (ii) UDRP’s action(s) in connection with your domain name(s) or disputes requiring legal or accounting services, whether by Masterweb Solutions staff or non-Masterweb companies Solutions; (iii) recover costs and fees, including the cost of Services, incurred by Masterweb Solutions as a result of surcharges or other payment disputes caused by you, your bank or the processor of your Payment Method. These administrative fees or processing fees will be billed to the payment method you have on file with Masterweb Solutions.

Masterweb Solutions may offer product prices in multiple currencies. The transaction will be processed in the selected currency and the price displayed during the checkout process will be the actual amount submitted for payment. For some Payment Methods, the issuer of the Payment Method may charge you a foreign currency transaction fee or other charge, which may be added to the final amount on your bank statement or posted as a separate amount. Check the details with the issuer of your payment method. In addition, regardless of the currency selected, you acknowledge and agree that you may be charged value added tax (“VAT”), goods and services tax (“GST”), or other local taxes or fees, depending on the bank or country indicated in the billing address section.

(B) REFUND POLICY

The products and services available for refunds are described here (“Refund Policy”).

(C) GOOD AS GOLD PREPAID SERVICES

Service details. By using the Good As Gold Prepaid Services, you may transfer funds to Masterweb Solutions to raise funds for your Good As Gold Prepaid Services Account (“Good As Gold Account”). You may then use your Good As Gold Account to purchase any of the Services. You can raise funds for your Good as Gold Account by bank transfer.

You acknowledge that the funds transferred to your Good As Gold Account will be held by Masterweb Solutions and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you agree that Masterweb Solutions shall be entitled to receive and retain such amounts to cover expenses associated with Good As Gold Prepaid Services.

You agree that all transactions using the Good As Gold Prepaid Services will be conducted in United States dollars.

Your Good As Gold Account must receive an initial fund of no less than the equivalent of USD $1,000.00.

All payments must be made for the full amount required at purchase.

Funds transfer details. Transfers may be initiated in foreign currency to fund your Good As Gold Account; however, the natural currency of the Wild West Domains bank is the US dollar. Foreign currency transfers will be automatically converted and deposited into US dollars. Please note that exchange rate fees may apply.

You are responsible for all wire transfer fees, both incoming and outgoing, in connection with your Good As Gold Account. Any non-United States wire transfer may be subject to fees charged by your bank, intermediary banks, or Masterweb Solutions bank, which may reduce the amount of money received by Masterweb Solutions bank and subsequently funded in your Good As Gold account. You hereby expressly authorize Masterweb Solutions (i) to reduce your Good As Gold Account by the amount of wire transfer fees Masterweb Solutions incurs to receive your funds; and/or (ii) charge a service fee of twenty dollars ($20.00) (“Service Fee”) in connection with the suspension of your Good As Gold Account. All rates are subject to change at any time and will be posted online; they will be effective immediately without the need for us to send you any further notice.

You can check the remaining funds in your Good As Gold Account at any time through your Account or through the shopping cart. In the event that you choose to suspend your Good As Gold Account (or in the event that Masterweb Solutions chooses to suspend your Good As Gold Account because you violated an obligation under the Good As Gold Service Agreement), you will be refunded the balance in your Good As Gold Account, net of service fee.

You can add additional funds to your Good As Gold Account at any time.

Your use of Good As Gold Prepaid Services. The use of the funds in your Good As Gold Account can only be made through the Masterweb Solutions purchase process on the Masterweb Solutions website. No purchases may be made unless there are sufficient funds in your Good As Gold Account at the time of purchase to cover the full amount of your Good As Gold Account, including any related charges, as set forth herein and in other relevant agreements.

(D) PAYMENT BY CHECK (ELECTRONIC PAYMENT)

By using Masterweb Solutions payment by check option (“Payment by check”), you can purchase Masterweb Solutions Services by means of an electronic payment (from your personal account and/or checking account (“Checking Account”) ) commercial, as appropriate). In this regard, you agree to allow a third-party check service provider, Certegy Check Services, Inc. (“Check Service Provider”) to debit your Checking Account for the full amount of your purchase, which is non-refundable. The Checking Service Provider will create an electronic funds transfer (“EFT”) or bank draft that will be presented to your (your) bank or financial institution for payment from your Checking Account.

It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Service Provider or Masterweb Solutions reserves the right to decline a transaction for any reason (including, but not limited to, payments that have not been credited due to your checking account no longer existing or not has available/sufficient funds) and (ii) in such cases, neither the Checking Service Provider nor Masterweb Solutions shall be liable to you or any third party with respect thereto. If for any reason Check Service Provider is unable to collect the full amount due for Services provided, you agree that Check Service Provider and Masterweb Solutions may take all legal action possible to obtain payment (plus applicable fees). . Masterweb Solutions is not responsible for the acts of the Checking Service Provider. You agree that if the EFT or money order is returned unpaid, you will be required to pay an administrative fee in accordance with the fees allowed by law for each US state. You can findHere is a help article that describes the Check Service Provider and summarizes the service charges listed above. These fees may be debited from your Checking Account by EFT or bank draft. All rates are expressed in US dollars.

Masterweb Solutions and its service providers, including, but not limited to Check Service Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including, but not limited to, by email, regular mail, SMS, MMS, text messages, postings on the Services, or other reasonable means now known or hereafter developed. You may not receive such notices if you violate these Terms of Service by accessing the Services in an unauthorized manner. Your acceptance of these Terms of Service constitutes your agreement that you will be deemed to have received any notices that would have been delivered if you had accessed the Services in an unauthorized manner. Failure to receive such notices for any reason will not relieve Masterweb Solutions or the Checking Service Provider of any payment or other obligation. In addition, you expressly authorize Masterweb Solutions and its service providers, including but not limited to Check Service Provider and Complete Payment Recovery Services, Inc., and their affiliates to communicate with you via autodialer, recorded messages in advance or any other method to any of your mobile phone numbers or emails. You further acknowledge that the email addresses you provide are not shared, are not accessible to others, and are not employer-related email addresses. You expressly authorize Masterweb Solutions and its service providers, including but not limited to Check Service Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you via autodialer, pre-recorded messages or any other method to any of your mobile phone numbers or emails. You further acknowledge that the email addresses you provide are not shared, are not accessible to others, and are not employer-related email addresses. You expressly authorize Masterweb Solutions and its service providers, including but not limited to Check Service Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you via autodialer, pre-recorded messages or any other method to any of your mobile phone numbers or emails. You further acknowledge that the email addresses you provide are not shared, are not accessible to others, and are not employer-related email addresses. pre-recorded messages or any other method to any of your mobile phone numbers or emails. You further acknowledge that the email addresses you provide are not shared, are not accessible to others, and are not employer-related email addresses. pre-recorded messages or any other method to any of your mobile phone numbers or emails. You further acknowledge that the email addresses you provide are not shared, are not accessible to others, and are not employer-related email addresses.

(E) INTERNATIONAL PAYMENT OPTIONS

Masterweb Solutions offers a variety of alternative international payment options through a variety of International Payment Providers (“IPPs”). In the event that you select an IPP, you represent that you have already agreed to all applicable IPP customer service agreements prior to completing your transaction with Masterweb Solutions. You also agree to allow IPP to debit your selected account or payment method, collectively, the “Funding Sources” for the full amount of your purchase. You further agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee,” as well as other charges or fees applicable to your contract with the IPP (collectively, the “IPP Fees”), in accordance with their funding sources.

It is your responsibility to keep your Funding Sources current and funded. You agree that (i) IPP or Masterweb Solutions reserves the right to decline a transaction for any reason and (ii) neither IPP nor Masterweb Solutions shall be liable to you or any third party with respect thereto. You acknowledge that Masterweb Solutions will not attempt to fulfill the Services you purchased until Masterweb Solutions receives payment confirmation from IPP through its associated payment processor. You acknowledge that there may be a difference of several hours or days between the time you place an order and the time payment is confirmed by IPP through its associated payment processor. If Masterweb Solutions does not receive payment confirmation from IPP through its associated payment processor within thirty (30) days from the time the order was placed, the order may be cancelled; at which point you will need to start the purchase process all over again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Masterweb Solutions account. Payments received for previously canceled orders will be automatically refunded to the original Payment Method where possible. you can cancel the order through your Masterweb Solutions account. Payments received for previously canceled orders will be automatically refunded to the original Payment Method where possible. you can cancel the order through your Masterweb Solutions account. Payments received for previously canceled orders will be automatically refunded to the original Payment Method where possible.

If, at the time Masterweb Solutions receives payment confirmation from IPP (via its associated payment processor), (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been canceled in our systems; or (iii) the payment confirmation does not match the dollar amount of the pending order, and as a result of your purchase there are over or under funds, Masterweb Solutions may automatically issue a partial refund (in the event that there are funds of more) to your funding source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Masterweb Solutions reserves the right to issue refunds to a store credit balance or as a bank transfer when the payment processor is unable to refund the Method. of payment. If you receive a full refund, you will need to start the purchase process again. You agree that IPP reserves the right not to refund IPP fees associated with a funded transaction. Accordingly, any refund issued by Masterweb Solutions will be net of IPP fees unless otherwise specified.

Masterweb Solutions offers SEPA direct debit (“SEPA”) as a payment method for customers located in Germany. If you choose to use SEPA as a payment method, you authorize Masterweb Solutions and Adyen, our payment service provider, to send instructions to your bank to debit your account. By agreeing to these terms, you direct Masterweb Solutions to collect all applicable charges arising from this Agreement. The authorization will also apply to any new bank account you use to purchase from Masterweb Solutions. We will notify you of the date of collection of the direct debit within a reasonable time (the “advance notice”). This advance notice will be sent to you by email at least one (1) business day before the charge is made. You are responsible for ensuring that there are sufficient funds in your account to cover direct debit payments. You also agree to indemnify Masterweb Solutions for any losses you may incur if your financial institution withholds payment from Masterweb Solutions for any reason.

(F) STORE CREDIT BALANCES

In the event your Account contains a store credit balance: (1) you may apply any available store credit balance to any future purchases on your Account; and (2) authorize Masterweb Solutions to apply any available credit balance for any outstanding administrative fees, chargebacks, or other fees related to your account. In the event that Masterweb Solutions is unable to properly charge the Payment Method associated with a specific Service on your account or your backup Payment Methods when processing Service renewals, Masterweb Solutions may use any available store credit balance if available. sufficient funds to cover the entire transaction. Regardless of the amount of store credit available in your account, Masterweb Solutions is not responsible for loss of products resulting from an inability to collect funds from your payment methods or store credit. Store credit balances will be applied based on the currency selected in the shopping cart at checkout (or renewal). If you have more than one store credit, the credits will be processed based on their age. The oldest credit will be applied first. If additional funds are required to complete the purchase or renewal, credits processed in a non-selected currency will be converted using Masterweb Solutions’ daily exchange rate based on the age of the credit (older or newer) until (i) located sufficient funds to complete the transaction, or (ii) there is no available balance in the account.

You can check your available store credit balance at any time through your Account on the Masterweb Solutions website. You acknowledge that your store credit balances are non-transferable and may only be used on the Account on which they were purchased and may expire. Complimentary in-store credits will expire two years from issue. In the event Masterweb Solutions suspends your Account, you acknowledge and agree that any remaining available store credit balance will be pledged.

You acknowledge that funds available in your store credit balance will be held by Masterweb Solutions and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you agree that Masterweb Solutions is entitled to receive and retain such amounts to cover expenses associated with maintaining store credit balance functionality.

(G) PURCHASES OF EXPIRED DOMAIN NAMES

For expired domain names purchased through your account, you agree that you are responsible for payment within forty-eight (48) hours of auction close in the amount of the winning bid plus the renewal fee for one (1 ) year (from the end of the previous domain name registration period), plus ICANN Fee if applicable, or any valid payment method associated with the account, will be charged on the third day after the auction closes. If you are unable to collect payment, you may lose the rights to purchase the domain name.

14. ADDITIONAL RESERVATION OF RIGHTS

Masterweb Solutions explicitly reserves the right to deny, cancel, terminate, suspend, block or modify access to (or control of) any Account or Service (including the right to cancel or transfer any domain name registration) for any reason. (as determined by Masterweb Solutions in its sole discretion), including but not limited to: (i) correcting errors made by Masterweb Solutions in offering or providing any of the Services (including any domain name registration), ( ii) protect the integrity and stability of, and correct errors made by, any domain name registry or registrar, (iii) contribute to our efforts to prevent and detect fraud and abuse,(iv) comply with court orders against you or your domain name or website and with applicable local, state, national and international laws, rules and regulations, (v) comply with law enforcement orders, including subpoena orders, (vi) comply with any dispute resolution process, (vii) defend ourselves in any legal action or threat thereof, regardless of whether or not such legal action or threat thereof is ultimately determined to have merit, (viii) avoid any civil or criminal liability on the part of Masterweb Solutions, its officers, directors, employees and agents, as well as those of Masterweb Solutions affiliates, including, without limitation, instances in which you have sued or threatened to sue Masterweb Solutions,or (ix) respond to an excessive number of complaints related in any way to your account, domain name(s) or content on your website that could cause harm to the business, operations, reputation or shareholders of
.
Masterweb Solutions expressly reserves the right to review each Account for excessive space and bandwidth usage and to terminate or apply additional charges to those Accounts that exceed permitted levels.

Masterweb Solutions expressly reserves the right to terminate, without notice, any Service where, in Masterweb Solutions’ sole discretion, you are harassing or threatening Masterweb Solutions and/or any of Masterweb Solutions’ employees.

Masterweb Solutions Content.Except for User Content, the content of this Site and the Services, including but not limited to text, software, scripts, source code, APIs, graphics, photos, sounds, music, videos, and interactive features and trademarks , service marks, and logos contained therein (“Masterweb Solutions Content”), are the property of Masterweb Solutions or are subject to perpetual license and copyright, trademark, and/or patent protection in the United States and foreign countries. foreign rights, and other intellectual property rights under United States and foreign law. Masterweb Solutions The Content is provided “as is”, “as available” and “with all faults” for your information and non-commercial personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without the prior written consent of Masterweb Solutions. This agreement does not grant any right or license under any copyright, trademark, patent or other proprietary right or license. Masterweb Solutions reserves all rights not expressly granted in the Masterweb Solutions Content, this Site and the Services, and this Agreement does not transfer ownership of any such rights. patent or other proprietary right or license. Masterweb Solutions reserves all rights not expressly granted in the Masterweb Solutions Content, this Site and the Services, and this Agreement does not transfer ownership of any such rights. patent or other proprietary right or license. Masterweb Solutions reserves all rights not expressly granted in the Masterweb Solutions Content, this Site and the Services, and this Agreement does not transfer ownership of any such rights.

15.NO UNSOLICITED MAIL; LIQUIDATED DAMAGES

No spam. We do not support the transmission of spam. We monitor all traffic to and from our web servers for signs of spam and maintain a spam abuse complaint center to record reports of such occurrences. Customers suspected of using our products and services to send spam are thoroughly investigated. If we determine that a spam problem exists, we will take appropriate steps to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimile (Fax), which are emails or facsimiles sent to recipients as advertisements or the like. without first obtaining confirmed consent to receive such communications. This may include, but is not limited to, the following:

1. Email messages
2. Posts in newsgroups
3. Windows system messages
4. Pop-up messages (also known as “adware” or “spyware” messages)
5. Instant messages (using AOL, MSN, Yahoo and other instant messaging programs)
6. Advertisements in online chat rooms
7. Postings in Guest Books or Website Forums
8. Unsolicited facsimiles
9. Text/SMS messages

We will not allow our servers and services to be used for the purposes described above. To use our products and services, you must not only follow all applicable laws and regulations, including the Can-Spam Act of 2003 and the Telephone Services Consumer Protection Act, but you must also follow this anti-spam policy. unsolicited mail. Commercial advertising and/or mass emails or faxes may only be sent to recipients who have “opted in” receiving messages. They must include a legitimate return and reply address, the sender’s physical address, and, in the footer of the email or fax, a method of notifying them that they do not want to receive any more messages. At our request,

If we determine that the account, products or services in question are being used to send spam, we will redirect, suspend or terminate any account, website hosting, domain registration, email box or any other applicable product or service. In such event, at our option, we may ask you to respond to us by email to indicate that you will stop sending spam and/or that spam is being sent on your behalf and that it requires a non-refundable reactivation fee that you will owe. be paid before the site, email boxes or services are reactivated.

We encourage all customers and recipients of email generated by our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center. Web: report abuse .

liquidated damages.You agree that we may immediately close any Account if we believe, in our sole discretion, that you are transmitting or otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, you agree to pay us liquidated damages in the amount of $1.00 for each spam or unsolicited bulk email from or relating to your Account. .

16. TRADEMARK OR COPYRIGHT CLAIMS

Masterweb Solutions supports the protection of intellectual property. If you wish to file (i) a trademark claim for infringement of a mark in which you have a valid and registered trademark or service mark or, (ii) a copyright claim for material in which you have a right copyright in good faith, please refer to Masterweb Solutions’ Copyright or Trademark Infringement Policy referenced above and available here .

17. LINKS TO THIRD PARTY WEBSITES

This Site and the Services found on it may contain links to third party websites that are not owned or controlled by Masterweb Solutions. Masterweb Solutions assumes no responsibility for the content, terms and conditions, privacy policies, or practices of third party websites. Furthermore, Masterweb Solutions does not censor or edit the content of any third party website. By using this Site or the Services found therein, you expressly release Masterweb Solutions from any and all liability arising from your use of any third party website. In accordance, Masterweb Solutions recommends that you know, when you leave this Site or the Services found there and consult, the terms and conditions,

18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND THEREIN SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND THEREIN ARE PROVIDED “AS IS”, “AS IS”. ARE AVAILABLE” AND “WITH ALL FAULTS”. Masterweb Solutions, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL STATUTORY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PURPOSE IN PARTICULAR AND NON-INFRINGEMENT. Masterweb Solutions, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) THE ACCURACY,

FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Masterweb Solutions, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (INCLUDING BUT NOT LIMITED TO ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) AND THIRD PARTY SERVICE PROVIDERS SHALL NOT (I) PROVIDE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SERVICES FOUND ON THE SITE AND USERS SHOULD NOT RELY ON 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 AND THE SERVICES FOUND THEREIN.

19. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Masterweb Solutions, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY WHICH MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY SITE LINKED TO (BY HYPERLINKS, ADVERTISING OR OTHERWISE) TO THIS SITE SITE, (III) THE SERVICES FOUND ON THIS SITE OR ON ANY SITE LINKED (BY HYPERLINKS, ADVERTISEMENTS, OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE TO ANY NATURE THAT THEY ARE,(V) THIRD PARTY CONDUCT OF ANY KIND WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL, FINANCIAL OR OTHER INFORMATION OR DATA STORED THEREIN, (VII ) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (VIA HYPERLINKS, ADVERTISEMENTS OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS PROGRAMMING, TROJAN HORSE, OR THE LIKE, WHICH MAY BE TRANSMITTED TO AND FROM THIS SITE OR ANY SITES LINKED (BY HYPERLINKS, ADVERTISEMENTS, OR OTHERWISE) TO THIS SITE, (IX) ANY CONTENT OR OF A USER THAT IS DEFAMATORY, HARASSING, ABUSIVE,HARMFUL TO MINOR OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITY LAW THEORY, REGARDLESS OF WHETHER Masterweb Solutions IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.TORT, OR ANY OTHER LEGAL OR EQUITY LAW THEORY, REGARDLESS OF WHETHER Masterweb Solutions IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.TORT, OR ANY OTHER LEGAL OR EQUITY LAW THEORY, REGARDLESS OF WHETHER Masterweb Solutions IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Masterweb Solutions’ TOTAL LIABILITY EXCEED US$10,000.00.
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 AND THE SERVICES FOUND THEREIN.

20. INDEMNIFICATION

You agree to protect, defend, indemnify and hold harmless Masterweb Solutions and its officers, directors, employees, agents and third party service providers, from and against all claims, demands, costs, expenses, losses, debts and damages of any kind and nature (including, but not limited to, reasonable attorneys’ fees) imposed on or incurred by Masterweb Solutions directly or indirectly arising from (i) your use of and access to this Site or the Services found therein; (ii) your breach of any of the provisions of this Agreement or the policies or agreements incorporated herein; or (iii) your violation of any third party rights; including, but not limited to any intellectual property rights or other proprietary rights.

21. COMPLIANCE WITH LOCAL LAWS

Masterweb Solutions does not represent or warrant that the content available on this Site or the Services found on this Site are appropriate in each country or jurisdiction, and it is stated that access to this Site or the Services found on this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found on it are responsible for compliance with all local laws, rules and regulations.

22. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATION

READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU DO NOT WISH TO PARTICIPATE IN THE PROVISIONS THAT REQUIRE YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

(A) Disputes. The terms of this section apply to all disputes between you and Masterweb Solutions, except disputes governed by the Uniform Domain Name Dispute Resolution Policy which you can view here .. For purposes of this section, “Dispute” shall mean any dispute, claim, or action between you and Masterweb Solutions arising out of or related to Masterweb Solutions services and products, Masterweb Solutions websites, these terms, or any other transaction. involving you and , whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis and shall be construed to have the broadest meaning permitted by law. YOU AND Masterweb Solutions AGREE THAT THE “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR BY Masterweb Solutions ISSUES OF (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE; AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Also, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide whether a claim falls within one of these four exceptions.

(B) Binding Arbitration.In addition, you and Masterweb Solutions agree to: (i) arbitrate all disputes between the parties in accordance with the provisions of these Terms; (ii) these Terms commemorate a transaction in interstate commerce; (iii) The Federal Arbitration Act (9 USC Sec.1 et seq.) governs the interpretation and application of this Section; and (iv) this Section will survive the termination of these Terms. ARBITRATION MEANS THAT YOU GIVE UP YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUND FOR APPEAL IS LIMITED. The arbitrator may award you the same damages as a court of proper jurisdiction, as provided in the Limitation of Liability set forth in Section 19 of this Agreement and may grant declaratory or injunctive relief only in favor of the individual party requesting such relief as is necessary to provide relief warranted by such party’s individual claim. Also, in some cases, the costs of arbitration may exceed the costs of litigation, and the right of discovery may be more limited in arbitration than in court. The arbitrator’s decision will be final and enforceable by any court with jurisdiction over the parties. the costs of arbitration could exceed the costs of litigation and the right of discovery could be more limited in arbitration than in court. The arbitrator’s decision will be final and enforceable by any court with jurisdiction over the parties. the costs of arbitration could exceed the costs of litigation and the right of discovery could be more limited in arbitration than in court. The arbitrator’s decision will 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 Masterweb Solutions must first send the other party a notice of the dispute that includes a written statement indicating the name, address and contact information of the giving party, the facts that give rise to the dispute and the requested action (the “Notice of Dispute”). Notice of Dispute to Masterweb Solutions should be sent to: Masterweb Solutions, 14455 N. Hayden Rd., Scottsdale, AZ 85260, At: Legal Department (the “Masterweb Solutions Notice Address”). The Notice of Dispute to you will be sent by certified mail to the most recent address we have on file or in our records. If Masterweb Solutions and you do not reach an agreement to resolve the Dispute within sixty (60) days of receipt of the Dispute Notice, either you or Masterweb Solutions may initiate an arbitration proceeding in accordance with this Section. After sending and receiving the Notice of Dispute, each of us agrees to act in good faith to try to resolve the dispute before initiating arbitration.

(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND Masterweb Solutions AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. NEITHER YOU NOR Masterweb Solutions WILL SEEK ANY DISPUTE AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY IS ACTING IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING SHALL BE COMBINED WITH ANY OTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL ARBITRATIONS OR PROCEEDINGS AFFECTED.

(F) Arbitration Procedure. If a party decides to initiate arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the AAA Consumer Arbitration Rules (“AAA Rules”) together with the rules set forth in these Terms, except that AAA may not administer a multiple claim or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims. The AAA Rules are at www.adr.orgor you can call 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 and Conditions will control. You may, in arbitration, pursue any and all remedies that are otherwise available to you under federal, state, or local law, as provided in the Limitation of Liability set forth in Section 19 of this Agreement. All disputes will be resolved by a single neutral arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator will be 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 will also have exclusive authority to decide on the arbitrator’s own jurisdiction, including any objections regarding the existence, scope, or validity of the arbitration agreement or the arbitration of any claims or counterclaims. Despite this broad delegation of authority to the arbitrator, a court may determine the limited issue of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) infringement or wrongful copyright use, or (iv) trademark infringement or dilution, all of which are excluded from the definition of “Disputes” as noted above. The arbitrator has the power to grant any relief available in a court under law or in equity. The arbitrator’s decision will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to participate in arbitration hearings by telephone. Arbitration hearings that are not conducted by telephone will be held at a location reasonably accessible from your principal residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, as appropriate. You may choose to participate in arbitration hearings by telephone. Arbitration hearings that are not conducted by telephone will be held at a location reasonably accessible from your principal residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, as appropriate. You may choose to participate in arbitration hearings by telephone. Arbitration hearings that are not conducted by telephone will be held at a location reasonably accessible from your principal residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, as appropriate.

(G) Commencement of Arbitration Proceeding. If you or Masterweb Solutions decide to arbitrate a dispute, we agree to the following procedure:

Yo. Write a Demand for Arbitration. The claim 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 www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).

ii. Send a copy of the Demand for Arbitration to the AAA by mail at: American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.

iii. Send a copy of the Demand for Arbitration to the other party at the same address as the Notice of Dispute is sent, or as agreed by the parties.

(H) Hearing Format. In all hearing formats, the arbitrator will issue a written decision that explains the essential findings and conclusions on which his or her award, if any, is based. During the arbitration, the amount of any proposed settlement offer by Masterweb Solutions or you will not be disclosed to the arbitrator until the arbitrator determines the amount, if any, to which you or Masterweb Solutions is entitled. The discovery or sharing of non-privileged information relevant to the dispute is permitted during the arbitration.

(I) Arbitration Fees and Payments.

Yo. Disputes involving $75,000.00 or less. Masterweb Solutions will promptly refund your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Masterweb Solutions’ last written offer made before the arbitrator was appointed (“Masterweb Solutions’ last written offer”), your dispute goes to an arbitrator’s decision (called a “judgment”) and the arbitrator awards you More than Masterweb Solutions’ last written offer, Masterweb Solutions will: (i) pay the greater of the judgment amount or $1,000.00; (ii) pay twice the reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues in investigating, preparing, and pursuing your claim in arbitration.

ii. Disputes involving more than $75,000.00. The AAA’s rules will govern the payment of representation fees and the AAA’s and arbitrator’s fees and expenses.

iii. Disputes involving any amount. In any arbitration it initiates, Masterweb Solutions will seek its fees and expenses from the AAA or the arbitrator, or its reimbursement of attorney fees, only if the arbitrator finds the arbitration frivolous or of improper purpose. In any arbitration initiated by Masterweb Solutions, Masterweb Solutions will pay all AAA, attorney, and arbitrator fees and expenses. Masterweb Solutions will not require you to cover your attorney’s fees or expenses 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 brought within one year in small claims or in arbitration. The one-year period begins from the time the claim or Notice of Dispute is filed. If not filed within one year, the claim or dispute will be permanently barred.

(K) Period of 30 days to unsubscribe. IF YOU DO NOT WISH TO BE LIMITED BY THE ARBITRATION PROVISION IN THIS DISPUTE SECTION, YOU MUST NOTIFY Masterweb Solutions BY EMAIL AT AT [email protected]WITHIN 30 DAYS FROM THE DATE YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the email, you must provide your (a) first name, (b) last name, (c) address, (d) phone number, and (e) account number(s) and indicate the following: “I wish to withdraw from the arbitration provision contained in the Masterweb Solutions Universal Terms of Service Agreement.” By providing your information in the method above, you are opting in to the arbitration agreement contained in the Masterweb Solutions Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first agreeing to the Universal Terms of Service. In the event that you unsubscribe with the procedure established above,

(L) Amendments to this section.Notwithstanding anything to the contrary in these Terms, you and Masterweb Solutions agree that if Masterweb Solutions makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change in Masterweb Solutions’ address) in these Terms, Masterweb Solutions will notify you immediately and you will have thirty (30) days from the date of the notification to unsubscribe from any changes. If you choose not to accept any future amendment, you agree 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 in effect. If you do not unsubscribe from any future amendment,

(M) Severability. If any provision of this Section is found to be unenforceable, that provision shall be severed and the remainder of these Terms shall remain in full force and effect. The foregoing shall not apply to the prohibition of class or representative actions; if the prohibition on class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section will survive the termination of these Terms.

(N) Exclusive place for other controversies. Masterweb Solutions and you agree that any controversy excluded from the dispute resolution procedure and the class action waiver provisions in this Section (other than an individual lawsuit brought in small claims court) shall be brought only in County Superior Court. of Maricopa, United States District Court for the District of Arizona, and each party hereto irrevocably and unconditionally consents to and submits to the exclusive jurisdiction of such courts in any dispute. You also agree to waive the right to trial by jury in any action or proceeding.

23. UNCLAIMED PROPERTY; INACTIVITY CHARGES

Please note that if a customer has an outstanding account balance (a positive credit balance) for three (3) years or more for any reason and (i) Masterweb Solutions is unable to issue payment to such customer or (ii) Masterweb Solutions issued payment to such customer in the form of a check, but the check was never cashed, then Masterweb Solutions must deliver such account balance to the State of Arizona in accordance with state law. You acknowledge and agree that in either (i) or (ii) above, Masterweb Solutions may retain a latent charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.

24. SUCCESSORS AND ASSIGNS

This Agreement will be binding on the parties hereto and will inure to the benefit of them and their respective heirs, successors and assigns.

25. NO THIRD PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer benefits or rights on any third party.

26. US EXPORT LAWS.

This Site and the Services found therein are subject to the export laws, restrictions, regulations and administrative acts of the Department of Commerce of the United States of America, the Department of the Treasury Office for Foreign Assets Control (“OFAC”). ”), the Department of State and other authorities of the United States of America (collectively, the “US Export Laws”). Users shall not use the Services found on this Site to collect, store, or transmit technical information or data controlled by U.S. Export Laws. Users must not export or re-export, or permit the export or re-export of, the Services found on this Site in violation of any US Export Laws. (including “anti-boycott” regulations, “transactions deemed exports” and “transactions deemed re-exports”). If you access this Site or the Services located on it from other countries or jurisdictions, you do so at your own risk and are responsible for compliance with the local laws of such jurisdiction, if such local laws are applicable and do not apply. in conflict with, and to the extent of, US Export Laws. If such laws conflict with US Export Laws, you must not access this Site or the Services located on this Site.

27. TITLES AND HEADINGS; INDEPENDENT AGREEMENTS; DIVISIBILITY

Titles and headings in this Agreement are included for convenience and ease of reference only, and should not be used in any way to understand or interpret the parties’ Agreement contrary to what is stated herein. Each covenant and agreement in this Agreement shall be construed for all purposes as a separate and independent covenant or agreement. If any provision (or part of a provision) of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or part of them) of this Agreement will not apply. will be affected and must be considered as valid and enforceable in accordance with the provisions of the law.