NarlyWebServices.com
Universal Terms of Service
for NarlyWebServices.com
Software and Services |
| This Agreement ("Agreement") is by and
between NarlyWebServices.com ("NarlyWebServices.com") a/an AZ
individual and You, Your heirs, agents, successors and assigns
("You"), and is made effective as of the date of electronic
execution. This Agreement sets forth the terms and conditions of
Your use of NarlyWebServices.com software (“Software”) and
services (“Services”) and explains NarlyWebServices.com ’s
obligations to You and Your obligations to NarlyWebServices.com
in relation to the Software and Services You purchase.
This Agreement as well as any additional NarlyWebServices.com
policies, together with all modifications thereto, constitute
the complete and exclusive agreement between You and
NarlyWebServices.com concerning Your use of NarlyWebServices.com
’s Software and Services, and supersede and govern all prior
proposals, agreements, or other communications. All
NarlyWebServices.com policies and agreements specific to
particular Software and Service are incorporated herein and made
part of this Agreement by reference, including the
dispute policy (“UDRP”). By purchasing NarlyWebServices.com
’s Software or Services, You acknowledge that You have read,
understood, and agree to be bound by all terms and conditions of
this Agreement and any other policies or agreements made part of
this Agreement by reference, as well as any new, different or
additional terms, conditions or policies which
NarlyWebServices.com may establish from time to time, and any
agreements that NarlyWebServices.com is currently bound by or
will be bound by in the future. You may view the latest version
of this Agreement online. In addition
to transactions entered into by You on Your behalf, You also
agree to be bound by the terms of this Agreement for
transactions entered into on Your behalf by anyone acting as
Your Agent, and transactions entered into by anyone who uses the
account You've established with NarlyWebServices.com, whether or
not the transactions were in Your behalf. You acknowledge that
NarlyWebServices.com ’s acceptance of any application made by
You for Services provided by NarlyWebServices.com will take
place at the Internet Corporation for Assigned Names and Numbers
("ICANN") accredited registrar's offices located in Scottsdale,
Arizona, USA. The General Terms in Section A apply
to all customers of NarlyWebServices.com. The Software and
Services Specific Agreements incorporated in Section B apply
only to customers who have purchased those referenced Services. |
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
|
1. TERM OF AGREEMENT; MODIFICATIONS.
|
| You agree that NarlyWebServices.com
may modify this Agreement and the Services from time to time.
You agree to be bound by any changes NarlyWebServices.com may
reasonably make to this Agreement when such changes are made. If
You have purchased Services or Software from
NarlyWebServices.com , the term of this Agreement shall continue
in full force and effect as long as You take advantage of and
use the Software or Services. In the event You terminate Your
usage, NarlyWebServices.com will not refund any amounts You have
paid. You agree that NarlyWebServices.com shall not be bound by
any representations made by third parties who You may use to
purchase Services from NarlyWebServices.com , and that any
statement of a general nature, which may be posted on
NarlyWebServices.com ’s Web site or contained in
NarlyWebServices.com ’s promotional materials, will not bind
NarlyWebServices.com . NarlyWebServices.com may, at times, offer
certain promotions with different charges and features.
You agree that You will be responsible for notifying
NarlyWebServices.com should You desire to terminate Your use of
NarlyWebServices.com 's Services. Notification of Your intent to
terminate must be provided to NarlyWebServices.com no earlier
than 10 days prior to Your billing date but no later than three
days prior to Your billing date. |
2. ACCURATE INFORMATION.
|
| You agree to maintain accurate
information by providing updates to NarlyWebServices.com , as
needed, while You are using NarlyWebServices.com ’s Services.
You agree You will notify NarlyWebServices.com within five (5)
business days when any change of the information You provided as
part of the application and/or registration process changes.
Failure by You, for whatever reason, to respond within five (5)
business days to any inquiries made by NarlyWebServices.com to
determine the validity of information provided by You will
constitute a material breach of this Agreement.
You agree that NarlyWebServices.com may use and rely on any such
information provided by You for all purposes in connection with
Your Services, subject to NarlyWebServices.com ’s
Privacy Policy . If You provide any information that is
inaccurate, not current, false, misleading or incomplete, or if
NarlyWebServices.com has reasonable grounds to suspect that Your
information is inaccurate, not current, false, misleading or
incomplete, NarlyWebServices.com has the absolute right, in its
sole discretion, to terminate its Services and close Your
account. |
3. PRIVACY.
|
| You can view NarlyWebServices.com ’s
Privacy Policy
here , which is incorporated herein by reference, as it
is applicable to all Company Software and Services. The Privacy
Policy provides Your rights and Company’s responsibilities with
regard to Your personal information. Company will not use Your
information in any way inconsistent with the purposes and
limitations provided in the Privacy Policy. |
4. ACCOUNT SECURITY.
|
| You agree You are entirely responsible
for maintaining the confidentiality of Your customer
number/login, password, credit card number, and shopper PIN
(collectively, the "Account Access Information"). You agree You
are entirely responsible for any and all activities that occur
under Your account. You agree to notify NarlyWebServices.com
immediately of any unauthorized use of Your account or any other
breach of security. You agree NarlyWebServices.com will not be
liable for any loss that You may incur as a result of someone
else using Your Account Access Information, either with or
without Your knowledge. You further agree You could be held
liable for losses incurred by NarlyWebServices.com or another
party due to someone else using Your Account Access Information.
For security purposes, You should keep Account Access
Information in a secure location and take precautions to prevent
others from gaining access to Your Account Access Information.
You agree that You will be responsible for all activity in Your
account, whether initiated by You, or by others on Your behalf,
or by any other means. NarlyWebServices.com specifically
disclaims liability for any activity in Your account, whether
authorized by You or not. |
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
|
| As a condition of Your use of
NarlyWebServices.com ’s Software and Services, You agree not to
use them for any purpose that is unlawful or prohibited by these
terms and conditions, and You agree to comply with any
applicable local, state, federal and international laws,
government rules or requirements. You agree You will not be
entitled to a refund of any fees paid to NarlyWebServices.com
if, for any reason, NarlyWebServices.com takes corrective action
with respect to Your improper or illegal use of its Services.
NarlyWebServices.com reserves the right at all times to disclose
any information as NarlyWebServices.com deems necessary to
satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in
NarlyWebServices.com's sole discretion. If You have
purchased Services, NarlyWebServices.com has no obligation to
monitor Your use of the Services. NarlyWebServices.com reserves
the right to review Your use of the Services and to cancel the
Services in its sole discretion. NarlyWebServices.com reserves
the right to terminate Your access to the Services at any time,
without notice, for any reason whatsoever.
NarlyWebServices.com reserves the right to terminate Services if
Your usage of the Services results in, or is the subject of,
legal action or threatened legal action, against
NarlyWebServices.com or any of its affiliates or partners,
without consideration for whether such legal action or
threatened legal action is eventually determined to be with or
without merit. NarlyWebServices.com may review every account for
excessive space and bandwidth utilization and to terminate or
apply additional fees to those accounts that exceed allowed
levels. Except as set forth below,
NarlyWebServices.com may also cancel Your use of the Services,
after thirty (30) days, if You are using the Services, as
determined by NarlyWebServices.com in its sole discretion, in
association with spam or morally objectionable activities.
Morally objectionable activities will include, but not be
limited to: activities designed to defame, embarrass, harm,
abuse, threaten, slander or harass third parties; activities
prohibited by the laws of the United States and/or foreign
territories in which You conduct business; activities designed
to encourage unlawful behavior by others, such as hate crimes,
terrorism and child pornography; activities that are tortuous,
vulgar, obscene, invasive of the privacy of a third party,
racially, ethnically, or otherwise objectionable; activities
designed to impersonate the identity of a third party; illegal
access to other computers or networks (i.e., hacking);
distribution of Internet viruses or similar destructive
activities; and activities designed to harm or use unethically
minors in any way. Notwithstanding anything to the contrary
herein, in the event NarlyWebServices.com cancels Your Services
during the first thirty (30) days after You purchase the
Services, You will receive a refund of any fees paid to
NarlyWebServices.com in connection with the Services being
canceled. In the event NarlyWebServices.com deletes Your
Services because they are being used in association with spam or
morally objectionable activities, no refund will be issued. You
agree You will not be entitled to a refund of any fees paid to
NarlyWebServices.com if, for any reason, NarlyWebServices.com
takes corrective action with respect to Your improper or illegal
use of its Services. |
6. NO SPAM; LIQUIDATED DAMAGES.
|
| You agree NarlyWebServices.com may
immediately terminate any account which it believes, in its sole
discretion, is transmitting or is otherwise connected with any
spam or other unsolicited bulk email. In addition, if actual
damages cannot be reasonably calculated then You agree to pay
NarlyWebServices.com liquidated damages of $1 for each piece of
spam or unsolicited bulk email transmitted from or otherwise
connected with Your account, otherwise You agree to pay
NarlyWebServices.com 's actual damages. You acknowledge You have
read and understand and agree to be bound by the terms and
conditions of NarlyWebServices.com ’s Anti-spam Policy,
available here . Such terms and conditions are applicable to the
use of all NarlyWebServices.com Software and Services and are
incorporated herein. |
7. INTELLECTUAL PROPERTY.
|
| You agree that NarlyWebServices.com
or its licensor holds all rights, title and interest in all
Software and Services and all intellectual property, including
other rights related to intangible property, unless otherwise
indicated. You acknowledge that no title or interest in such
Intellectual Property Rights is being transferred to You and You
agree to make no claim of interest in any such Services or
Software. You understand and agree that all
content and materials contained in this Agreement, other
policies, the NarlyWebServices.com Web site, and any affiliated
Web sites, are protected by the various copyright, patent,
trademark, service mark and trade secret laws of the United
States, as well as any other applicable proprietary rights and
laws, and that NarlyWebServices.com or its licensor expressly
reserves its rights in and to all such content and materials.
You further understand and agree that You are prohibited from
using, in any manner whatsoever, any of the content or materials
described above without the express written permission of
NarlyWebServices.com or its licensor. No license or right under
any copyright, patent, trademark, service mark or other
proprietary right or license is granted to You or conferred upon
You by this Agreement or otherwise. |
8. USE OF NarlyWebServices.com SOFTWARE.
|
| If You have licensed software from
NarlyWebServices.com , NarlyWebServices.com grants You a
limited, non-exclusive, nontransferable and non-assignable
license to use the software for such purposes as are ordinary
and customary. You are free to use the software on any computer,
but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree You are
not authorized to combine the Software with any other software
program, create derivative works based upon the Software, nor
are You authorized to integrate any plug-in or enhancement which
uses or relies upon the Software. You further agree not to
reverse engineer, decompile or otherwise attempt to uncover the
source code. NarlyWebServices.com reserves
all rights to the Software. The Software and any copies You are
authorized to make are the intellectual property of
NarlyWebServices.com . The source code and its organization are
the exclusive property of NarlyWebServices.com and the Software
is protected by copyright, including United States Copyright
Law. Except as expressly provided for in this section, this
Agreement does not grant You any rights in the Software and all
rights are reserved by NarlyWebServices.com .
NarlyWebServices.com provides this Software “as is” without
warranty of any kind either express or implied, including but
not limited to the implied warranties or conditions of
merchantability or fitness for a particular purpose. |
9. FEES AND PAYMENT.
|
| As consideration for the Software or
Services purchased by You and provided to You by
NarlyWebServices.com, You agree to pay NarlyWebServices.com at
the time You order. All fees are due immediately and are
non-refundable unless otherwise expressly noted, even if Your
Services are suspended, terminated, or transferred prior to the
end of the Services term. NarlyWebServices.com expressly
reserves the right to modify pricing through email notification
and/or notice on its Web site. Payment may be made by You by
providing either a valid credit card, an online check, a
personal check , or using NarlyWebServices.com ’s prepaid
service Good as Gold, (“Prepaid Services”) to establish a cash
reserve for charge by NarlyWebServices.com (collectively, the
"Payment Method"). Your Prepaid Services account may be funded
by a money order or a personal check under as further described,
below. If You signed up for a monthly payment plan,
Your monthly billing date will be determined based on the day of
the month You purchase the Services unless that date falls after
the 28th of the month in which case Your billing date will be
the 28th of each month. If You signed up for an annual (or
longer) payment plan, and You elected the automatic renewal
option, NarlyWebServices.com will automatically renew Your
Services when they come up for renewal and will take payment
from the Payment Method You have on file with
NarlyWebServices.com, at NarlyWebServices.com's then current
rates. If for any reason NarlyWebServices.com is unable
to charge Your Payment Method for the full amount owed
NarlyWebServices.com for the Services provided, or if
NarlyWebServices.com is charged a penalty for any fee it
previously charged to Your Payment Method, You agree that
NarlyWebServices.com may pursue all available remedies in order
to obtain payment. If You pay by credit card and if for any
reason NarlyWebServices.com is unable to charge Your credit card
with the full amount of the Services provided, or if
NarlyWebServices.com is charged back for any fee it previously
charged to the credit card You provided, You agree that
NarlyWebServices.com may pursue all available remedies in order
to obtain payment. You agree that among the remedies
NarlyWebServices.com may pursue in order to effect payment,
shall include but will not be limited to, immediate cancellation
without notice to You of any domain names or Services registered
or renewed on Your behalf. NarlyWebServices.com reserves the
right to charge a reasonable administrative fee for
administrative tasks outside the scope of its regular Services,
including additional costs that it may incur in providing the
Services and pass along to You. These include, but are not
limited to, customer service issues that cannot be handled over
email but require personal service, fees incurred by third
parties You have elected to use as payment methods, including
PayPal and Certegy, Inc., and disputes that require legal
services. These charges will be billed to the Payment Method we
have on file for You. You may change Your Payment Method at any
time by logging into Your
Account Manager. You agree that You are solely
liable for arranging that Your Services are renewed, and that
NarlyWebServices.com shall not be liable to You or any third
party if it is unable to charge Your Payment Method in order to
renew Your Services. While all purchases are processed
in US dollars, NarlyWebServices.com may provide an estimated
conversion price to currencies other than US dollars. You
acknowledge and agree that the pricing displayed during the
checkout process is an estimate. Due to potential slight time
delays between actual purchase and the payment settlement, the
actual price charged may fluctuate. Accordingly,
NarlyWebServices.com makes no representations or warranties that
the actual price will be the same or substantially similar to
the actual price You will pay and You waive any and all claims
based upon any discrepancy between the estimate and the actual
price. In addition, you may be charged VAT, based on the country
indicated in Your billing address section. Any amounts to be
charged will appear during the checkout process. |
A. Good as Gold Prepaid Services
|
| Service Details.
By using NarlyWebServices.com ’s Prepaid Services, You can
transfer funds to NarlyWebServices.com in advance and use the
balance of Your Prepaid Services Account ("Account") as You
please. You can use Your Account to purchase any of the Software
or Services of NarlyWebServices.com . As consideration for the
Services purchased by You and provided to You by
NarlyWebServices.com , You agree to pay NarlyWebServices.com in
advance for the Services to be provided. Payment is to be made
by You providing either a valid credit card, wire transfer, a
money order, or personal check. Personal checks may only be used
for payments of $100 or more, and may not be made for less than
the amount required at purchase. Personal checks under $1,000
are subject to the same processing fees as wire transfers. All
personal checks will be delayed fourteen (14) days until the
money is credited, which may delay Your usage of the Software or
Services. You agree that if the EFT or bank draft is returned
unpaid, You will pay a service charge of $25.00 or the maximum
amount allowed by law, which may be debited from Your account
using an EFT or bank draft. You can
verify the remaining funds in Your Account at any time by
logging in to Manage Your Account or through the shopping cart
on the NarlyWebServices.com Web site. Should You decide to
terminate Your Account and seek a refund of Your Prepaid
Services, Your refund will be made by check net of any
discounts, including, but not limited to, reduced or waived wire
transfer fees and/or the Cash Discount.
You acknowledge that funds transferred to Your Account will be
held in an account by NarlyWebServices.com , which will not
accrue or pay interest for Your benefit. To the extent interest
may accrue, if any, You understand and agree that
NarlyWebServices.com shall be entitled to receive and keep any
such amounts to cover costs associated with the Prepaid
Services. You acknowledge that all
transactions using Prepaid Services will be conducted in U.S.
Dollars and that it is Your responsibility to arrange for
foreign currency translations prior to funding Your Account.
Wire transfers received by NarlyWebServices.com in foreign
currencies will be returned and You will be responsible for the
cost of returning such funds. Your Account must be funded on an
initial basis with no less than one hundred dollars ($100.00),
paid in U.S. funds. You agree that You will be responsible for
all wire transfer fees, both incoming and outgoing, associated
with Your Account. Any non-U.S. wire transfers may be subject to
fees by either Your bank, intermediary banks or
NarlyWebServices.com ’s bank, which may reduce the amount of the
money received by NarlyWebServices.com ’s bank and subsequently
funded into Your Prepaid Good as Gold Account. Customers funding
a Good as Gold Account who wire $1,000 or more shall not be
subject to a $20 wire transfer processing fee from
NarlyWebServices.com . You hereby expressly give
NarlyWebServices.com permission to reduce Your Account by the
amount of wire transfer fees NarlyWebServices.com incurs in
order to receive Your funds. All fees are subject to change and
will be updated online in this Agreement.
Prepaid Services Accounts will receive a 2% discount on
purchases (the "Cash Discount"). The Cash Discount will be
reflected in Your Account balance. Thus, purchases will reduce
the balance of Your Account by 98% of the total purchase price
of each transaction. For example, if Your Account is funded with
an initial amount of $100.00 and You make a $10.00 purchase,
Your Account will be reduced by only $9.80. NarlyWebServices.com
reserves the right to discontinue or change the Cash Discount at
any time, without notice. Your Use
of Prepaid Services Use of funds
in Your Account can only be made through the
NarlyWebServices.com purchase process at NarlyWebServices.com ’s
Web site. Purchases may not be made unless there are sufficient,
available funds in Your Account at the time of purchase to cover
the entire purchase amount, including any related fees as set
forth herein or in other relevant agreements.
Additional funds may be added to Your Account at any time. The
minimum increment for funds transfers is one hundred dollars
($100.00). You will be able to
access Your Account activity and records from the Manage Your
Account link on NarlyWebServices.com ’s Web site. Your Account
will show purchases and the amount of funds remaining in Your
Account. NarlyWebServices.com reserves the right at all times to
disclose any information about Your Account as
NarlyWebServices.com deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials,
in whole or in part from Your Account, in the sole discretion of
NarlyWebServices.com . Specific
Representations and Warranties You
agree that NarlyWebServices.com makes no representations or
warranties of any kind in connection with Prepaid Services.
NarlyWebServices.com expressly reserves the right to deny,
cancel or transfer any Account that it deems necessary, in its
discretion, to protect the integrity and stability of the
Prepaid Services system, to comply with any applicable laws,
government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of
NarlyWebServices.com , as well as its affiliates, subsidiaries,
officers, directors and employees. NarlyWebServices.com also
reserves the right to freeze an Account during resolution of a
dispute. |
B. Payment By Check
|
| By using NarlyWebServices.com ’s pay
by check option (“Pay By Check”), You can purchase
NarlyWebServices.com Software and Services using a personal
check. In consideration for the Software and Services purchased
by You and provided to You by NarlyWebServices.com , You agree
to allow Certegy Check Services, Inc. ("Certegy") to debit the
full amount of this transaction from Your checking account,
which is non-refundable. Certegy will create an electronic funds
transfer (EFT) or bank draft which will be presented to Your
bank or financial institution for payment from Your checking
account. The checking account must be at a financial institution
in the United States, and the check must be payable in U.S.
dollars. It is Your responsibility to keep Your
checking account current, and to have available funds in it. You
agree that Certegy and NarlyWebServices.com will not be
responsible for payments that fail to go through as a result of
Your checking account no longer existing, or holding
insufficient funds. If for any reason Certegy is unable to
withdraw the full amount owed for the Services provided, You
agree that Certegy and NarlyWebServices.com may pursue all
available remedies in order to obtain payment. You agree that if
the EFT or bank draft is returned unpaid, You will pay a service
charge of $25.00 or the maximum amount allowed by law, which may
be debited from Your account using an EFT or bank draft.
The check may not be for less than the full amount required at
that time. Personal checks under $1,000 are subject to the same
processing fees as wire transfers. All personal checks may be
delayed up to fourteen (14) days until the money is credited,
which may delay Your usage of the Software or Services.
By clicking the box labeled “I agree” to the terms of the Pay by
Check terms, You authorize the information provided to be used
for the creation of an electronic funds transfer (EFT) or bank
draft, and You authorize a debit of THE FULL AMOUNT of this
order from Your checking account. |
C. Pay by PayPal
|
| By using NarlyWebServices.com ’s pay by
PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can
purchase NarlyWebServices.com Software and Services using
PayPal. In consideration for the Software and Services purchased
by You and provided to You by NarlyWebServices.com, You agree to
allow PayPal to debit the full amount of this transaction from
Your PayPal account balance or the Preferred Funding Source You
established with PayPal, which is non-refundable. It is
Your responsibility to keep Your PayPal Account current, to have
available funds in it and to have Your PayPal Account backed by
a valid credit card. You agree that PayPal and
NarlyWebServices.com will not be responsible for payments that
fail to go through as a result of Your Funding Source no longer
existing, or holding insufficient funds. If for any reason
PayPal is unable to withdraw the full amount owed for the
Services provided, You agree that PayPal and
NarlyWebServices.com may pursue all available remedies in order
to obtain payment. You agree that if the transaction is returned
unpaid, You will pay a service charge of $25.00 or the maximum
amount allowed by law, which may be debited from Your account by
PayPal or charged to Your Preferred Funding Source. By
clicking the box labeled “I agree” to the terms of the Pay by
PayPal terms, You authorize the information provided to be used
for the creation of an electronic funds transfer (EFT), and You
authorize a debit of THE FULL AMOUNT of Your order from Your
PayPal Account or Preferred Funding Source. |
10. REPRESENTATIONS AND WARRANTIES.
|
| You, or the individuals who
electronically execute this Agreement on behalf of You hereby
represent and warrant that they have the right, power, legal
capacity and appropriate authority to enter into this Agreement,
and that they own and have not transferred to any other person
or entity any of the rights, claims or interests that are the
subject of this Agreement. You represent and warrant that You
are 18 years of age or older, or that You have an agent
authorized by law to represent You who is 18 years of age or
older who is entering into this Agreement on Your behalf. You
warrant that each action You make is being done so in good faith
and that You have no knowledge of it infringing upon or
conflicting with the legal rights of a third party or a third
party's trademark or trade name.
NarlyWebServices.com expressly reserves the right to deny,
cancel or transfer any domain name registration that it deems
necessary, in its discretion, to protect the integrity and
stability of the registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of
NarlyWebServices.com , as well as its affiliates, subsidiaries,
officers, directors and employees. NarlyWebServices.com also
reserves the right to freeze a domain name during resolution of
a dispute. |
11. LIMITATION OF LIABILITY .
|
| IN NO EVENT SHALL
NarlyWebServices.com BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT
OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED
ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH
OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS
AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR
INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR
FILES OR OTHERWISE, EVEN IF NarlyWebServices.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation
on liability for damages as contained herein. In such states,
NarlyWebServices.com ’s liability is limited to the full extent
permitted by law. You agree that in no event shall
NarlyWebServices.com ’s maximum aggregate liability exceed the
total amount paid by You for the particular Software or Service
in dispute purchased from NarlyWebServices.com . |
12. DISCLAIMER OF WARRANTIES .
|
| NarlyWebServices.com expressly
disclaims all warranties of any kind, whether express or
implied, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose and
non-infringement. Services are provided on an "As Is" and "As
Available" basis. NarlyWebServices.com makes no warranty that
its services will meet your requirements, or that the services
will be uninterrupted, timely, secure, or error free, or that
defects will be corrected. NarlyWebServices.com does not
warrant, nor make any representations regarding the use, or
results of, any of the services it provides, in terms of their
correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied
warranties, in which event that foregoing disclaimer may not
apply to You. |
13. INDEMNIFICATION.
|
| You agree to defend, indemnify and
hold harmless NarlyWebServices.com and its contractors, agents,
employees, officers, directors, shareholders, and affiliates
from any loss, liability, damages or expense, including
reasonable attorneys' fees, resulting from any third party
claim, action, proceeding or demand related to Your (including
Your agents affiliates, or anyone using Your account, software
or services with NarlyWebServices.com whether or not on Your
behalf, and whether or not with Your permission) use of the
Software or Services You purchased from NarlyWebServices.com or
Your breach of this Agreement or incorporated agreements and
policies. In addition, You agree to indemnify and hold
NarlyWebServices.com harmless from any loss, liability, damages
or expense, including reasonable attorneys' fees, arising out of
any breach of any representation or warranty provided herein,
any negligence or willful misconduct by You, or any allegation
that Your account infringes a third person's copyright,
trademark or proprietary or intellectual property right, or
misappropriates a third person's trade secrets. This
indemnification is in addition to any indemnification required
of You elsewhere. Should NarlyWebServices.com be notified of a
pending law suit, or receive notice of the filing of a law suit,
NarlyWebServices.com may seek a written confirmation from You
concerning Your obligation to indemnify NarlyWebServices.com .
Your failure to provide such a confirmation may be considered a
breach of this agreement. You agree that NarlyWebServices.com
shall have the right to participate in the defense of any such
claim through counsel of its own choosing. You agree to notify
NarlyWebServices.com of any such claim promptly in writing and
to allow NarlyWebServices.com to control the proceedings. You
agree to cooperate fully with NarlyWebServices.com during such
proceedings. You agree to cooperate fully with
NarlyWebServices.com during such proceedings. You agree You will
not be entitled to a refund of any fees paid to
NarlyWebServices.com if, for any reason, NarlyWebServices.com
takes corrective action with respect to Your improper or illegal
use of its services. You also agree that if NarlyWebServices.com
is notified that a complaint has been filed with a governmental,
administrative or judicial body, regarding a Traffic Facts
account of Yours with NarlyWebServices.com , that
NarlyWebServices.com , in its sole discretion, may take whatever
action NarlyWebServices.com deems necessary regarding further
modification, assignment of and/or control of your account to
comply with the actions or requirements of the governmental,
administrative or judicial body until such time as the dispute
is settled. |
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
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| This agreement shall be deemed
entered into in the State of Arizona. Except for disputes
concerning the user of a domain name registered with
NarlyWebServices.com , You agree that the laws and judicial
decisions of Maricopa County, Arizona, shall be used to
determine the validity, construction, interpretation and legal
effect of this Agreement. You agree that any action relating to
or arising out of this Agreement shall be brought in the courts
of Maricopa County, Arizona. For the adjudication of disputes
concerning the use of any domain name registered with
NarlyWebServices.com , You agree to submit to jurisdiction and
venue in the U.S. District Court for the District of Arizona
located in Phoenix, Arizona. You agree to waive
the right to trial by jury in any proceeding that takes place
relating to or arising out of this Agreement. |
15. NOTICES.
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| You agree that all notices (except for
notices concerning breach of this Agreement) from
NarlyWebServices.com to You may be posted on our Web site.
Notices concerning breach will be sent either to the email or
postal address You have on file with NarlyWebServices.com. In
either case, delivery shall be deemed to have been made five (5)
days after the date sent. Notices from You to
NarlyWebServices.com shall be made either by email, sent to the
address provided on the NarlyWebServices.com Web site, or first
class mail to NarlyWebServices.com ’s address at:
NarlyWebServices.com, Attn: Legal Counsel, 14455 North Hayden
Rd., Suite 219, Scottsdale, AZ, 85260. |
16. HEADINGS.
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| The headings in the Agreement are
descriptive only and in the event of a conflict between a
heading and the underlying terms of this Agreement, the terms of
this Agreement shall control. |
17. ENTIRE AGREEMENT.
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| You agree that this Agreement
including the policies and agreements it refers to (i.e. our
Dispute Resolution Policy, etc.) constitute the complete and
only Agreement between You and NarlyWebServices.com regarding
the Services contemplated herein. |
18. SEVERABILITY.
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| You agree that the terms of this
Agreement are severable. If any part of this Agreement is
determined to be unenforceable or invalid, that part of the
agreement will be interpreted in accordance with applicable law
as closely as possible, in line with the original intention of
both parties to the Agreement. The remaining terms and
conditions of the Agreement will remain in full force and
effect. |
19. WAIVER.
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| The failure of NarlyWebServices.com to
enforce any of the provisions within this Agreement or its
incorporated agreements and policies against You or others shall
not be construed to be a waiver of the right of
NarlyWebServices.com thereafter to enforce such provisions. |
20. FORCE MAJEURE.
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| NarlyWebServices.com will make every
effort to keep its Web site and Services operational. However,
certain technical difficulties and other factors outside of its
control may, from time to time, result in temporary service
interruptions. You agree not to hold NarlyWebServices.com liable
for any of the consequences of such interruptions. |
21. SURVIVAL.
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| Sections 1, 7, 10, 12, 13, 14, 15,
16, 17, 18, 19, 20, 21 and 22 shall survive any termination or
cancellation of this Agreement. |
22. NO THIRD PARTY BENEFICIARIES.
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| Nothing in this Agreement, express or
implied, is intended to confer upon any third party any rights,
remedies, obligations, or liabilities under or by reason of this
Agreement, except as expressly provided in this Agreement. |
B. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS
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| If You purchase Services from
NarlyWebServices.com, the following Software and Services
specific agreements shall apply and are incorporated within this
Agreement in addition to Sections 1-21: Domain
Names
Back Ordering and Monitoring Agreement
Change of Registrant Agreement
ConsoliDate
Domain Name Proxy Agreement
Domain Registration Agreement
Parked Page Service Agreement
Transfer Agreement E-mail
Email Services User Agreement
WebMail End User License Agreement Web Site
Hosting
Dedicated Hosting Agreement
Hosting and Virtual Service Agreement Web
Site Creation
One Page Web Site
Website Tonight End User License Agreement
Other Software and Services
Domain Alert Deep Monitor User License Agreement
Express Email Marketing End User License Agreement
Fax Thru Email End User License Agreement
News-Blazer End User License Agreement
Online Copyright Registration End User Agreement
Online File Folder End User License Agreement
Quick Shopping Cart End User License Agreement
Traffic Blazer End User License Agreement
Traffic Facts Service Agreement
Domain Name Appraisal Service Agreement
Online Group Calendar End User License Agreement
Business WhoIs Listing End User License Agreement
Domain Ownership Protection Service Agreement
Online Photo Filer Service Agreement
Policies
Anti-Spam Policy
Civil Subpoena Policy
ICANN Transfer Dispute Resolution Policy
Privacy Policy
Trademark and/or Copyright Infringement Policy
Uniform Domain Name Dispute Policy
Permissions Policy
Criminal Subpoena Policy |
Revised: 1/3/2008
Copyright © 2005 - 2008 All Rights
Reserved.
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