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Terms & Condition

Please read our universal terms and conditions of using products and services carefully, as it contains very important information regarding your legal rights.

Welcome to eBiziner Privacy Policy

Last Revised: 2021-01-20

 

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

eBiziner Terms and Conditions

UNIVERSAL TERMS OF SERVICE AGREEMENT

Last Revised: 2021-01-20

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


1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between eBiziner Inc. and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms “we”, “us” or “our” shall refer to eBiziner. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


2. MODIFICATION OF AGREEMENT, SITE OR SERVICES

eBiziner may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, eBiziner may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. eBiziner assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. Also, eBiziner may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. EBIZINER RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.


3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, eBiziner finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. eBiziner shall not be liable for any loss or damage resulting from eBiziner’s reliance on any instruction, notice, document or communication reasonably believed by eBiziner to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice document or communication, eBiziner reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.


4. YOUR ACCOUNT

To access some of the features of this Site or use some of the Services, you will have to create an account. You represent and warrant to eBiziner that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If eBiziner has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, eBiziner reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, eBiziner recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify eBiziner immediately of any breach of security or unauthorized use of your Account. eBiziner will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss eBiziner or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.


5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.

    1. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
    2. You will not use this Site or the Services in a manner (as determined by eBiziner in its sole and absolute discretion) that:
      • Is illegal, or promotes or encourages illegal activity;
      • Promotes encourages or engages in the exploitation of children or any activity related to the proliferation of child sexual abuse material (CSAM);
      • Promotes encourages or engages in terrorism, violence against people, animals, or property;
      • Promotes encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
      • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
      • Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
      • Infringes on the intellectual property rights of another User or any other person or entity;
      • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
      • Interferes with the operation of this Site or the Services found at this Site;
      • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
      • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding eBiziner or eBiziner’s Services.
      • You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
    3. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by eBiziner.
    4. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
    5. You will not access eBiziner Content (as defined below) or User Content through any technology or means other than through this Site itself, or as eBiziner may designate.
    6. You agree to back-up all of your User Content so that you can access and use it when needed. eBiziner does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
    7. You will not re-sell or provide the Services for a commercial purpose, including any of eBiziner’s related technologies, without eBiziner’s express prior written consent.
    8. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any eBiziner Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the eBiziner Content or the User Content therein.
    9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
    10. You are aware that eBiziner may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether eBiziner asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which eBiziner is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of eBiziner that may be initiated by an automatic telephone dialling system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from eBiziner. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of eBiziner that may be sent by an automatic telephone dialling system. You understand that providing consent is not a condition of purchasing any good or service from eBiziner. Message and data rates may apply.
    11. Without limiting any of the rights set forth elsewhere in this Agreement, eBiziner expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any eBiziner policy, or (ii) who otherwise engages or has engaged in an inappropriate or unlawful activity while utilizing the Site or Services (as determined by eBiziner in its sole and absolute discretion).
    12. If your purchase or account activity shows signs of fraud, abuse or suspicious activity, eBiziner may cancel any service associated your name, email address or account and close any associated eBiziner accounts. If you conducted any fraudulent activity, eBiziner reserves the right to take any necessary legal action and you may be liable for monetary losses to eBiziner including litigation costs and damages. To contest the cancellation of Services or freezing or closure of an account, please contact eBiziner Care.


6. PROTECTION OF YOUR DATA

eBiziner offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. eBiziner’s Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you the contractual assurance that we have robust mechanisms to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Covered Services, meets with compliance under applicable data privacy laws.

For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable).

Covered Services, as defined in this Section and in the DPA, include hosted services that are subject to the terms and conditions of the above-listed Agreements.


7. USER CONTENT

Some of the features of this Site or the Services, including those Services that are hosted with eBiziner, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, 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 posting or publishing User Content to this Site or to or via the Services, you represent and warrant to eBiziner that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate eBiziner to treat your User Submissions as confidential or secret, that eBiziner has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that eBiziner may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

eBiziner shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgement or compensation to you or to anyone else.

User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize eBiziner to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant eBiziner a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and eBiziner’s (and eBiziner’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that eBiziner may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, eBiziner shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or eBiziner’s (or eBiziner’s affiliates’) business(es). If you have a website or other content hosted by eBiziner, you shall retain all of your ownership or licensed rights in User Content.


8. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.


9. PRODUCT CREDITS

In the event you are provided with a product credit (“Credit”), whether for the redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on eBiziner’s website and is not subject to any promotion, discount, or other reduction in price. For Credits issues for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.


10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

eBiziner generally does not pre-screen User Content (whether posted to a website hosted by eBiziner or posted to this Site). However, eBiziner reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. eBiziner may remove any item of User Content (whether posted to a website hosted by eBiziner or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by eBiziner in its sole and absolute discretion), at any time and without prior notice. eBiziner may also terminate a User’s access to this Site or the Services found at this Site if eBiziner has reason to believe the User is a repeat offender. If eBiziner terminates your access to this Site or the Services found at this Site, eBiziner may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.


11. DISCONTINUED SERVICES; END OF LIFE POLICY

eBiziner reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although eBiziner makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by eBiziner, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, eBiziner will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by eBiziner in its sole and absolute discretion. eBiziner may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by eBiziner in its sole and absolute discretion, eBiziner will not be required to offer a comparable feature or functionality for the Service or a refund.

No Liability. eBiziner will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

12. BETA SERVICES

From time to time, eBiziner may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then 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 work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) eBiziner 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 substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) eBiziner may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that eBiziner may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to eBiziner; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”.

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request, you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by eBiziner. To the fullest extent permitted by law, eBiziner disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.


13. FEES AND PAYMENTS

You agree that your Payment Method may be charged by one of our affiliated entities. if your payment was identified as being processed in Canada, your transaction will be processed by eBiziner Inc.; If during your purchase, your payment was identified as being processed in another country that is not listed above, your transaction may be processed by an entity within the disclosed country that is affiliated with our local payment service provider, and subject to the provisions of our Privacy Policy.

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

Payment Due at Time of 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 noted in the Refund Policy.

Price Changes. eBiziner reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card, (ii) “Good As Gold Prepaid Services” (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal, (v) International Payment Option (as defined below) or (vi) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”. The “Express Checkout” feature automatically places an order for the applicable Service and charges the default Express Checkout Payment Method for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.

Refunds Issued. You agree that where refunds are issued to your Payment Method, eBiziner ‘s issuance of a refund receipt is only confirmation that eBiziner has submitted your refund to the Payment Method charged at the time of the original sale, and that eBiziner has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.

In the event, a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then eBiziner, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of an eBiziner check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. eBiziner also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.

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

Auto-Renewal Terms. Other than as required by applicable law, eBiziner does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your eBiziner account.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN-CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, EBIZINER MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.

UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, EBIZINER WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT OR YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH EBIZINER. IN AUTOMATICALLY RENEWING YOUR SERVICES, EBIZINER WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT. IN THE EVENT EBIZINER CANNOT SUCCESSFULLY CHARGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT METHOD(S) DESIGNATED AS “BACKUP” IN YOUR ACCOUNT. RENEWALS WILL BE CHARGED AT EBIZINER’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE ORDERING STEPS. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN-CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE. IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND EBIZINER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

IN ADDITION, EBIZINER MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, EBIZINER WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. EBIZINER MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND EBIZINER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

If for any reason eBiziner is unable to charge your Payment Method for the full amount owed, or if eBiziner receives the notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that eBiziner may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. eBiziner also reserves the right to charge you reasonable “administrative” fees” for (i) tasks eBiziner may perform outside the normal scope of its Services, (ii) additional time and/or costs eBiziner may incur in providing its Services, and/or (iii) your non-compliance with this Agreement (as determined by eBiziner in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by eBiziner staff or by outside firms retained by eBiziner; (iii) recouping any and all costs and fees, including the cost of Services, incurred by eBiziner as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with eBiziner.

eBiziner may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or another charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT“), Goods and Services Tax (“GST“), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

(B) REFUND POLICY

Products and Services available for refunds are described here (“Refund Policy”).

 (C) PAY BY CHECK (ELECTRONIC PAYMENT)

By using eBiziner’s pay by check option (“Pay By Check”), you can purchase eBiziner Services using an electronic payment (from your personal or business checking account (“Checking Account”), as appropriate). In connection, you agree to allow a third-party check services provider, Certegy Check Services, Inc., (“Check Services Provider”) to debit the full amount of your purchase from your Checking Account, which is non-refundable. Check Services Provider 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 Canada, and payment must be in Canada Dollars.

It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Services Provider or eBiziner reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Check Services Provider nor eBiziner shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and eBiziner may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). eBiziner is not responsible for the actions of Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law. These fees may be debited from your Checking Account using an EFT or bank draft.

eBiziner and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including by email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to eBiziner and Check Services Provider. You further expressly authorize eBiziner and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses.

(D) INTERNATIONAL PAYMENT OPTIONS

eBiziner offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at eBiziner. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by eBiziner.

It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or eBiziner reserve the right to decline a transaction for any reason and (ii) neither the IPP nor eBiziner shall be liable to you or any third party regarding the same. You acknowledge that eBiziner will not attempt to fulfil the Services purchased by you until eBiziner receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If eBiziner does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your eBiziner account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

If at the time eBiziner receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result, your purchase is either over-funded or under-funded, eBiziner may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, eBiziner reserves the right to issue refunds to an in-store credit balance or as a bank transfer when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by eBiziner will be net of the IPP Fees unless otherwise specified.

 (E) IN-STORE CREDIT BALANCES

In the event that your Account contains an in-store credit balance: (1) you may apply any available credit balance to any future purchase in your Account; and (2) you authorize eBiziner to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your Account. In the event that eBiziner is unable to successfully charge either the Payment Method associated with a specific Service in your account or your backup Payment Methods when processing Service renewals, eBiziner may use any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, eBiziner is not responsible for the loss of products resulting from an inability to collect funds from your Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using eBiziner’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, eBiziner may also impose an additional administrative fee.

You can verify your available in-store credit balance at any time through your Account on the eBiziner website. You acknowledge that in-store credit balances are non-transferable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance or within any other time period, eBiziner may specify in your Account. In the event that eBiziner terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.

You also acknowledge that funds available in your in-store credit balance will be held by eBiziner and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you agree that eBiziner is entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.

(F) EXPIRED DOMAIN NAME PURCHASES

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

14. ADDITIONAL RESERVATION OF RIGHTS

eBiziner expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by eBiziner in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by eBiziner in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of eBiziner, its officers, directors, employees and agents, as well as eBiziner’s affiliates, including, but not limited to, instances where you have sued or threatened to sue eBiziner, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to eBiziner’s business, operations, reputation or shareholders.

eBiziner expressly reserves the right to review every Account for excessive space and bandwidth utilization and to terminate or apply additional fees to those Accounts that exceed allowed levels.

eBiziner expressly reserves the right to terminate, without notice to you, any and all Services where, in eBiziner’s sole discretion, you are harassing or threatening eBiziner and/or any of eBiziner’s employees.

eBiziner Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“eBiziner Content”), are owned by or licensed to eBiziner in perpetuity, and are subject to copyright, trademark, and/or patent protection in the Canada and foreign countries, and other intellectual property rights under Canada and foreign laws. eBiziner Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of eBiziner. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. eBiziner reserves all rights not expressly granted in and to the eBiziner Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.


15. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint centre to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

    1. Email Messages
    2. Newsgroup postings
    3. Windows system messages
    4. Pop-up messages (aka “adware” or “spyware” messages)
    5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
    6. Online chat room advertisements
    7. Guestbook or Website Forum postings
    8. Facsimile Solicitations
    9. Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email.

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.


16. TRADEMARK AND/OR COPYRIGHT CLAIMS

eBiziner supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to eBiziner’s Trademark and/or Copyright Infringement Policy referenced above and available here.


17. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by eBiziner. eBiziner assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, eBiziner does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release eBiziner from any and all liability arising from your use of any third-party website. Accordingly, eBiziner encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.


18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

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

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY EBIZINER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.


19. LIMITATION OF LIABILITY

IN NO EVENT SHALL EBIZINER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT EBIZINER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL EBIZINER’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.


20. INDEMNITY

You agree to protect, defend, indemnify and hold harmless eBiziner and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by eBiziner directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or another proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.


21. COMPLIANCE WITH LOCAL LAWS

eBiziner makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.


22. UNCLAIMED PROPERTY; DORMANCY CHARGES

Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) eBiziner is unable to issue payment to such customer or (ii) eBiziner issued payment to such customer in the form of a paper check, but the check was never cashed, then eBiziner shall turn over such account balance to the state law. You acknowledge and agree that in either case (i) or (ii) above, eBiziner may withhold a dormancy charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.


23. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.


24. NO THIRD-PARTY BENEFICIARIES

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


25. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.


ENGLISH LANGUAGE CONTROLS

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.


CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

eBiziner Inc.
30th Floor, 360 Main Street
Winnipeg MB R3C 4G1
Canada
info @ ebiziner.com

OUR Privacy Policies

Last Revised: 2021-01-20

eBiziner cares about your privacy. For this reason, we collect and use personal information only as needed to deliver our products, services, websites and mobile applications, and to communicate with you about the same, or as you have requested (collectively, our “Services”). Your personal information includes information such as:

  • Name
  • Address
  • Telephone number
  • Date of birth
  • Email address
  • Billing and payment information
  • Candidate information (for job applicants)
  • Other data collected that could directly or indirectly identify you.

Our Privacy Policy not only explains how and why we use your personal information that we collect, but also how you can access, update or otherwise take control of your personal information. We’ve also created a Trust Center that offers answers to your most common questions, quick links to access your Account Settings, instructions on how to exercise certain rights that might be available to you, and definitions to key terms and concepts noted in this Privacy Policy.

If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Officer (“DPO”) and our dedicated team that supports this office by contacting us at info @ ebiziner.com. This inbox is actively monitored and managed so that we can deliver an experience that you can confidently trust.

What information we collect, how we collect it, and why

Much of what you likely consider personal information is collected directly from you when you:

  1. create an account or purchase any of our Services (ex: billing information, including name, address, credit card number, government identification);
  2. request assistance from our award-winning customer support team (ex: phone number);
  3. complete contact forms or request newsletters or other information from us (ex: email); or
  4. participate in contests and surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.

However, we also collect additional information when delivering our Services to you to ensure necessary and optimal performance. These methods of collection may not be as obvious to you, so we thought we’d highlight and explain a bit more about what these might be (as they vary from time to time):

Cookies and similar technologies on our websites and our mobile applications allow us to track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Services. These technologies automatically collect data when you use and interact with our Services, including metadata, log files, cookie/device IDs, page load time, server response time, and approximate location information to measure website performance and improve our systems, including optimizing DNS resolution, network routing and server configurations. Specifically, interactions with the features, content and links (including those of third-parties, such as social media plugins) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data is collected. All this allows us to provide you with more relevant product offerings, a better experience on our sites and mobile applications, and to collect, analyze and improve the performance of our Services. We may also collect your location (IP address) so that we can personalize our Services. For additional information, and to learn how to manage the technologies we utilize, please visit our Cookie Policy. If you wish to opt out of interest-based advertising click here [or if located in the European Union click here]. Please note you will continue to receive generic ads.

Supplemented Data may be received about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyze the accuracy of our records, assess the qualifications of a candidate for employment, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

How we utilize information.

We strongly believe in both minimizing the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes:

Delivering, improving, updating and enhancing our Services. We collect various information relating to your purchase, use and/or interactions with our Services. We utilize this information to:

  • Improve and optimize the operation and performance of our Services (again, including our websites and mobile applications)
  • Diagnose problems with and identify any security and compliance risks, errors, or needed enhancements to the Services
  • Detect and prevent fraud and abuse of our Services and systems
  • Collecting aggregate statistics about use of the Services
  • Understand and analyze how you use our Services and what products and services are most relevant to you.

Much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal information.

Sharing with trusted third parties. We may share your personal information with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:

  • Processing credit card payments
  • Serving advertisements
  • Conducting contests or surveys
  • Performing analysis of our Services and customers demographics
  • Communicating with you, such as by way email or survey delivery
  • Customer relationship management
  • Security, risk management and compliance
  • Recruiting support and related services.

These third parties (and any subcontractors they may be permitted to use) have agreed not to share, use or retain your personal information for any purpose other than as necessary for the provision of Services.

We will also disclose your information to third parties:

  • in the event that we sell or buy any business or assets (whether a result of liquidation, bankruptcy or otherwise), in which case we will disclose your data to the prospective seller or buyer of such business or assets; or
  • if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, your information may be among the transferred assets.

Communicating with you. We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

  • Email
  • Text (SMS) messages
  • Telephone calls
  • Messenger applications (e.g. WhatsApp, etc.)
  • Automated phone calls or text messages.

You may also update your subscription preferences with respect to receiving communications from us and/or our partners by signing into your account and visiting “Account Settings” page.

If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. In addition, it will describe any choice options you have in regards to the use and/or sharing of your personal information with a co-branded partner, as well as how to exercise those options. We are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit.

If you make use of a service that allows you to import contacts (ex. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal information for the requested service. If you believe that anyone has provided us with your personal information and you would like to request that it be removed from our database, please contact us at info @ eBiziner.com

Transfer of personal information abroad. If you utilize our Services from a country other than the country where our servers are located, your personal information may be transferred across international borders, which will only be done when necessary for the performance of our contract with you, when we have your consent to do so, or when the appropriate standard contractual clauses are in place. Also, when you call us or initiate a chat, we may provide you with support from one of our global locations outside your country of origin.

Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process. We will also share your information to the extent necessary to comply with any ICANN, registry or ccTLD rules, regulations and policies when you register a domain name with us. For reasons critical to maintaining the security, stability and resiliency of the Internet, this includes the transfer of domain name registration information to the underlying domain registry operator and escrow provider, and publication of that information as required by ICANN in the public WHOIS database or with other third parties that demonstrate a legitimate legal interest to such information.

How we secure, store and retain your data.

We follow generally accepted standards to store and protect the personal information we collect, both during transmission and once received and stored, including utilization of encryption where appropriate.

We retain personal information only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

  • mandated by law, contract or similar obligations applicable to our business operations;
  • for preserving, resolving, defending or enforcing our legal/contractual rights; or
  • needed to maintain adequate and accurate business and financial records.

How you can access, update or delete your data.

To easily access, view, update, delete or port your personal information, or to update your subscription preferences, please sign into your Account and visit “Account Settings.”

If you make a request to delete your personal information and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

 ‘Do Not Track’ notifications.

Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

Age restrictions.

Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal information, please contact us.

Non-Discrimination.

We will not discriminate against you for exercising any of your privacy rights. Unless permitted under applicable laws, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to this policy.

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.

We will respond to all requests, inquiries or concerns within thirty (30) days.

If you are not satisfied with our response, you may direct privacy complaints to your local data protection authority. eBiziner Inc. is the data controller for www.eBiziner.com.

 

OUR USE OF COOKIES, WEB BEACONS, AND SIMILAR TECHNOLOGIES

Last Revised: 2021-01-20

First and foremost, we DO NOT sell your personal information. However, when you visit or interact with our sites, services, applications, tools or messaging, we or our authorized service providers may use cookies, web beacons, and other similar technologies to make your experience better, faster and safer, for advertising purposes and to allow us to continuously improve our sites, services, applications and tools. Any personal information or data collected by these technologies is used only by us or by our authorized service providers on our behalf, and you always have full control over whether these technologies work on your devices by visiting our Manage Settings to toggle them ‘on’ or ‘off’.

You’re in control

Other than for those that are considered “essential” (more on that below), if you do not wish to accept these technologies in connection with your visit to or use of our sites, services, applications, tools or messaging, you may visit our Manage Settings page, and may also exercise any of the additional options that are described below.

What are cookies, web beacons and similar technologies

These technologies are essentially small data files placed on your computer, tablet, mobile phone or other device (“collectively, a “device”) that allows us to record information when you visit or interact with our websites, service, applications, messaging, and other tools. Though often these technologies are generically referred to as “Cookies,” each functions slightly differently, and is better explained below:

Cookies: Cookies are small (often encrypted) text files placed in the memory of your browser or device when you visit a website or view a message. Cookies allow a website to recognize a particular device or browser. There are several types of cookies:

  • Session cookies expire at the end of your browser session and allow us to link your actions during that particular browser session.

  • Persistent cookies are stored on your device in between browser sessions, allowing us to remember your preferences or actions across multiple sites.

  • First-party cookies are those set by a website that is being visited by the user at the time in order to preserve your settings (e.g., while on our site).

  • Third-party cookies are placed in your browser by a website, or domain, that is not the website or domain that you are currently visiting. If a user visits a website and another entity sets a cookie through that website this would be a third-party cookie.

Cookies are used for a variety of purposes on our website. As an example, we use cookies to store information that allows us to present our site in your local language, or prices in local currency. We also use cookies to communicate data to our servers when you visit, allowing you to stay logged in to your account during your visit or maintain the site preferences you select. Preventing your browser from accepting 1st party cookies will prevent the placement of some cookies that are classified as “Essential”.

Web beacons: A web beacon (also called “tracking pixels” or “image tags”) is a small file (most often a transparent, 1×1 GIF file) that is loaded on our web pages. These pixels may work in concert with cookies to collect information about your visit, your web browser/device, browsing activity, or onsite behavior and provide that information to service providers. Pixels are most commonly used to collect anonymous traffic metrics (page visits, button clicks, order completion) used to analyze site performance.

Scripts: A script is a small piece of website code placed on our websites to power customer service tools like live chat, allow for the delivery of video tutorials in our help section, and allow us to provide interactive experiences to visitors. They are also used to collect data that we use for website analytics, or to provide data on the effectiveness of our advertising.

Similar technologies: Technologies that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies, HTML 5 cookies, and other web application software methods. These technologies can operate across all of your browsers. In some instances, these technologies may not be fully managed by your browser and may require management directly through your installed applications or device. We do not use these technologies for storing information to target advertising to you on or off our sites.

What technologies do we use and why

Our cookies, web beacons and similar technologies serve various purposes, but generally they (1) are necessary or essential to the functioning of our sites, services, applications, tools or messaging, (2) help us improve the performance of or provide you extra functionality of the same, (3) help us to serve relevant and targeted advertisements, or (4) allow us to offer support tools that you utilize to interact with our care guides:

Strictly Necessary or Essential: “Strictly necessary” or “essential” cookies, web beacons and similar technologies let you move around the website and use essential features like secure areas and shopping baskets. Without these technologies, services you have asked for cannot be provided. Please note that these technologies do not gather any information about you that could be used for marketing or remembering where you’ve been on the internet. Accepting these technologies is a condition of using our sites, services, applications, tools or messaging, so if you utilize tools that might prevent these from loading, we can’t guarantee your use or how the security therein will perform during your visit.

Performance: Performance technologies may include first or third-party cookies, web beacons/pixels, and scripts placed in order to gather information about how you use our website (pages you visit, if you experience any errors, load times). These cookies do not collect any information that could identify you and are only used to help us improve how our website works, understand the interests of our users, and measure how effective our content is by providing anonymous statistics and data regarding how our website is used.

Advertising: Advertising technology may include first or third-party cookies, web beacons/pixels, and scripts placed in order to gather information on the effectiveness of our marketing efforts, deliver personalized content, or to generate data that allows for the delivery of advertising relevant to your specific interests on our sites, as well as third-party websites. We also utilize 3rd party service providers to assist us in delivering on the same functions, which means that our authorized service providers may also place cookies, web beacons and similar technologies on your device via our services (first and third party cookies). They may also collect information that helps them identify your device, such as IP address, or other unique or device identifiers.

Support: Support technologies may include first or third-party cookies, web beacons / pixels, and scripts placed in order to provide tools for you to interact with our customer support teams. This technology allows us to provide chat services, gather customer feedback, and other tools used to support our visitors. Data collected for these purposes is never used for marketing or advertising purposes.

How to manage, control and delete these technologies

You may manage certain cookies, web beacons and similar technologies we place by visiting our Manage Settings control panel. You may also visit our “Advertising Preferences” link in the footer of our webpages.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) it may limit your use of certain features or functions on our website or service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our site. Please note, as further described in our Privacy Policy, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.

Internet browsers allow you to change your cookie settings. These settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the ‘Help’ option in your internet browser for more details.

If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings.

More information about cookies

DOMAIN NAME REGISTRATION AGREEMENT

Last Revised: 2021-01-20

 

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

  1. OVERVIEW

This Domain Name Registration Agreement (this “Agreement“) is entered into by and between eBiziner Inc. and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of eBiziner’s Domain Name Registration services (the “Domain Name Registration Services” or the “Services“). The terms “we”, “us” or “our” shall refer to eBiziner. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, which incorporates by reference each of (i) eBiziner’s Universal Terms of Service Agreement (“UTOS“), (ii) all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the top-level domain (“TLD“) in which you register any domain (“Registry Policies”), and (iii) any plan limits, product disclaimers or other restrictions presented to you on the Domain Name Registration Services landing page of the eBiziner website (this “Site”).

TO LINK TO AND REVIEW THE REGISTRY POLICIES FOR THE TLD IN WHICH YOU WISH TO REGISTER A DOMAIN NAME, PLEASE CLICK HERE.

You acknowledge and agree that (i) eBiziner, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, eBiziner may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. eBiziner assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. eBiziner is an Internet Corporation for Assigned Names and Numbers (“ICANN“) accredited registrar.

You acknowledge and agree that eBiziner may modify this Agreement in order to comply with any terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the TLD or country code top level domain (“ccTLD“) in question. The term “Registry Service Provider” shall refer to the service provider responsible for operating and managing the registry services on behalf of the Registry Operator for its applicable TLD or ccTLD. To identify the sponsoring registrar, click here.

  1. PROVISIONS SPECIFIC TO ALL REGISTRATIONS

Unless otherwise noted, the provisions below in this Section 2 are generally applicable to all TLDs that we offer. Special provisions specific to any TLD or ccTLD (those in addition to posted Registry Policies) are identified elsewhere below in this Agreement.

  1. Registry Policies. You agree to be bound by all Registry Policies (defined above in this Agreement) applicable to your domain name registration (at any level). IT IS YOUR RESPONSIBILITY TO VISIT THE APPLICABLE TLD SITE AND READ AND REVIEW ALL APPLICABLE REGISTRY POLICIES PRIOR TO YOUR REGISTRATION IN THE TLD. REGISTRY POLICIES FOR EACH TLD CAN BE FOUND BY VISITING THE CORRESPONDING TLD LINK LISTED HERE. Notwithstanding anything in this Agreement to the contrary, the Registry Operator of the TLD in which the domain name registration is made is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to eBiziner being a registrar or reseller registrar for the respective TLD. The third party beneficiary rights of the Registry Operator will survive any termination of this Agreement.
  2. Registration Requirements. To the extent any TLD or ccTLD requires you meet eligibility (e.g., residency for .JP, .EU, etc.), validation (e.g., DNS validation) or other authentication requirements as a condition to registering a domain name in the TLD, you agree that by submitting an application or registering or renewing your domain name, you represent and warrant that: (a) all information provided to register or renew the domain name (including all supporting documents, if any) is true, complete and correct, and is not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria prescribed in the Registry Policies for the applicable TLD for the duration of the domain name registration; (c) you have not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application (if applicable); (d) you acknowledge and agree that even if the domain name is accepted for registration, your entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; and (e) you acknowledge and agree that the Registry or the registrar can cancel the registration of the domain name if any of the warranties required are found to be untrue, incomplete, incorrect or misleading.
  3. Ownership. You acknowledge and agree that registration of a domain name does not create any proprietary right for you, the registrar, or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry shall not be construed as evidence or ownership of the domain name registered as a domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration.
  4. ICANN Requirements. You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN. For additional ICANN-related helpful information, please see ICANN Education Materials and ICANN Benefits and Responsibilities.
  5. Indemnification of Registry. You agree to indemnify, defend and hold harmless (within 30 days of demand) the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s or Registry Operator’s prior written consent, which consent shall not be unreasonably withheld, and you agree that these indemnification obligations shall survive the termination or expiration of the Agreement for any reason. IN NO EVENT SHALL THE REGISTRY OPERATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, 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 (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE DOMAIN NAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. Regulated TLDs. For domain name registration in any “Regulated” TLD, you acknowledge and agree your registration is subject to the following additional requirements: (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; (b) if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. Regulated TLDs include: .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, .mortgage, .degree, .mba, .audio, .book, .broadway, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .show; .theater; .town, .city, .reise, and .reisen
  7. Highly Regulated TLDs. In addition to the requirements for Regulated TLDs, domain name registration in any Highly-Regulated TLD is subject to the following requirements: (a) you will provide administrative contact information, which must be kept up‐to‐date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or Industry self‐regulatory, bodies in their main place of business; (b) you represent that you possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly‐regulated TLD; and (c) you will report any material changes to the validity of you authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly‐regulated TLD to ensure you continue to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumers they serve. Highly Regulated TLDs include: _.abogado, .attorney, .bank, .bet, .bingo, .casino .charity (and IDN equivalent), .cpa, .corp, creditcard, .creditunion .dds, .dentist, .doctor, .fail, .gmbh, .gripe, .hospital, .inc, .insurance, .lawyer, .lifeinsurance, .llc, .llp, .ltda, .medical, .mutuelle, .pharmacy, .poker, .university, .sarl, .spreadbetting, .srl, .sucks, .surgery .university, .vermogensberater, .vesicherung, and .wtf.For .doctor, registrants who hold themselves out to be licensed medical practitioners must be able to demonstrate to the Registrar and Registry, upon request, that they hold the applicable license.
  8. Special Safeguard TLDs. In addition to the requirements for Regulated and Highly-Regulated TLDs, by registering a domain name in any “Special-Safeguard” TLD, you agree to take reasonable steps to avoid misrepresenting or falsely implying that you or your business is affiliated with, sponsored or endorsed by one or more country’s or government’s military forces if such affiliation, sponsorship or endorsement does not exist. Special Safeguard TLDs include: .army, .navy, .airforce
  9. Third Party Beneficiary. Notwithstanding anything in this Agreement to the contrary, the Registry Operator for any TLD in which your register a domain name is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to eBiziner being a registrar or reseller registrar for the TLD. Third party beneficiary rights of the Registry Operator shall survive any termination of this Agreement.
  10. Variable and Non-Uniform Pricing. You acknowledge, understand and agree that certain domain names in certain TLDs are established by Registry Policies to be variably priced (i.e., standard v. premium names) and/or may have non-uniform renewal registration pricing (such that the Fee for a domain name registration renewal may differ from other domain names in the same TLD, e.g., renewal registration for one domain may be $100.00 and $33.00 for a different domain name).
  1. FEES AND PAYMENTS

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. eBiziner expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.

* Renewal price subject to change prior to actual date of renewal.

For all other terms and conditions relating to fees, payment, refund and billing, etc. applicable to the Services offered under the scope of this Agreement, please refer to the “Fees and Payments” section of our Universal Terms of Service.

(B) DOMAIN NAME RENEWAL TERMS_

When you register a domain name, you will have the following renewal options:

  1. Automatic Renewal.Automatic Renewal is the default setting. Domain names will automatically renew, for a period equivalent to the length of your original domain name registration, and payment will be taken from the Payment Method you have on file with eBiziner, at eBiziner’s then current rates. Thus, if you have chosen to register your domain name for one (1) year, eBiziner will automatically renew it for one (1) year. If you have chosen to register your domain name for two (2) years, eBiziner will automatically renew it for two (2) years, and so on. If you wish to change your automatic renewal term to a different period from your original term, as of 16 July 2020, you may manually renew the domain registration to establish a new default automatic renewal term for the domain.
  2. Manual Renewal.If you have elected to turn off automatic renewal and cancel the product (i.e., cancel the domain name registration) effective at expiration of the then current term, you may nonetheless elect to manually renew the domain name at any time prior to its expiration date by logging into your Account Manager and manually implementing the renewal or by calling customer service (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name.

All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. Domain name renewals will be non-refundable. In the event that we are unable to automatically renew your domain name for the renewal option selected for any reason, we may automatically renew your domain name for a period less than your original registration period to the extent necessary for the transaction to succeed. If for any reason eBiziner is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.

For certain ccTLDs (.am, .at, .be, .br, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .fr, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), renewal billing will occur on the first day of the month prior to the month of expiration.

For certain ccTLDs (.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .fr, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), renewal will occur, or must occur manually if the product was previously cancelled, no later than the 20th of the month prior to the expiration date, or your domain name will be placed in non-renewal status. For some ccTLDs (.es) renewal must be processed no later than seven days before the expiration date, or your domain name will be placed in non-renewal status. When the domain name is in non-renewal status, you can renew the domain name only by calling eBiziner and requesting that the domain name be renewed. You cannot renew the domain name through your Account Manager. If you fail to manually implement the renewal of any cancelled product before the expiration date, the domain name will be cancelled and you will no longer have use of that name.

You agree that eBiziner will not be responsible for cancelled domain names that you fail to renew in the timeframes indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for privacy services, protected registration, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.

If you fail to renew your domain name in the timeframes indicated in this Agreement, you agree that eBiziner may, in its sole discretion, renew your expired domain name on your behalf. If eBiziner decides to renew your expired domain name on your behalf, you will have a Renewal Grace Period during which you must reimburse eBiziner for the renewal and keep your domain name. The Renewal Grace Period is currently twelve (12) days but subject to change under the terms of this Agreement.

For certain ccTLDs (.am, .at, .be, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .fr, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg) there is no Renewal Grace Period after the expiration date of the domain name. If you do not reimburse eBiziner for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you may have up to a 30-day redemption period to redeem your domain name, provided that your domain name is not subject to an expired domain name auction bid and you pay eBiziner a Redemption fee.

The Redemption fee is currently $80.00 USD and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the 30-day redemption period eBiziner may, in its sole discretion, delete your domain name or transfer it to another registrant on your behalf. During the redemption period your domain name may be parked.

If your domain name is deleted, the Registry also provides a 30-day Redemption Grace Period during which you may pay eBiziner a redemption fee and redeem your domain name. The redemption fee is currently $80.00 USD and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.

 (C) FREE PRODUCT TERMS

In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or cancelled. For free domain names, you acknowledge and agree that you may not change the account associated with such free domain for the first five (5) days after registration. In the event a free domain name is offered with the registration of another domain and if the paid domain name registered fails, then we may, in its sole discretion, either delete the registration of the free domain or refund the difference between the amount paid and the value of the free domain. Failed registrations associated with promotional offers may result in the deletion of the free or discounted item or an adjustment between the registered domain price and the value of the discounted item, in our sole discretion.

  1. TERM OF AGREEMENT; TRANSFERS; DOMAIN TASTING

The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through eBiziner.

You agree that you will not transfer any domain name registered through eBiziner to another domain name registrar during the first sixty (60) days after its initial registration date. You agree that you may not transfer any domain name for ten (10) days after a Change of Account.

You further agree that you will not engage in “domain tasting” by using the five (5) day grace period in which a registrant may choose to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name. If eBiziner determines (which determination shall be made by eBiziner in its sole and absolute discretion) that you have been engaging in “domain tasting”, then eBiziner reserves the right to (a) charge you a small fee (which fee shall be deducted from any refund issued) or (b) refuse your cancellation/refund request altogether. eBiziner will not charge you a fee if eBiziner cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control. The five (5) day grace period does not apply to Premium Domains, which are non-refundable.

You agree that eBiziner shall not be bound by (i) any representations made by third parties who you may use to purchase services from eBiziner, or (ii) any statements of a general nature, which may be posted on eBiziner ‘s website or contained in eBiziner ‘s promotional materials.

  1. UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION

You agree to notify eBiziner within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide eBiziner with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by eBiziner to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. You agree to retain a copy for your record of the receipt for purchase of your domain name.

You agree that for each domain name registered by you, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact.

You acknowledge and agree that domain name registration requires that your contact information, in whole or in part, be shared with the registry operator, for their use, copying, distribution, publication, modification and other processing for the purpose of administration of the domain name registration, which may require such information be transferred back and forth across international borders, to and from the U.S. to the EU, for example. As required by ICANN or for certain ccTLDs (.am, .com.au, .net.au, .org.au, .ca, .cz, .fr, .it, .jp, .co.jp, .kr, .co.kr, .ne.kr, .re.kr, .no, .co.nz, .net.nz, .org.nz, .vg, .se, .so, .sg, .com.sg, .tw, .com.tw, .net.tw, .org.tw, .uk, .co.uk, .me.uk, .org.uk, .us), this information may be made publicly available by the registry operator via Whois or its successor protocol (collectively referred to as the “Whois” Directory) that is beyond, and not subject to, eBiziner’s control.

Both eBiziner and the registry operator may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party’s consent to such disclosure. Registrar will not process data in a way that is incompatible with this Agreement. Registrar will take reasonable precautions to protect data from loss or misuse.

You agree that for each domain name registered by you the following information could be made publicly available in the Whois Directory as determined by ICANN or registry policies and may be sold in bulk as set forth in the ICANN agreement:

o    The domain name;

o    Your name and postal address;

o    The name, email address, postal address, voice and fax numbers for technical and administrative contacts;

o    The Internet protocol numbers for the primary and secondary name servers;

o    The corresponding names of the name servers; and

o    The original date of registration and expiration date,

o    Name of primary name server and secondary name server,

o    Identity of the registrar.

You agree that, to the extent permitted by ICANN, eBiziner may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

You agree that eBiziner has the right to make public and share with third parties certain information in connection with the sale or purchase of domain names on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase.

In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by the CIRA or any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:

  1. The domain or sub-domain name(s) registered by you;
  2. Your organization name, type and postal address;
  3. The name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);
  4. The full hostnames and Internet protocol (IP) addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain or sub-domain name. Up to six (6) name servers may be specified. If a host has more than one (1) IP address, use a comma-separated list;
  5. The corresponding names of those name servers;
  6. The original creation date of the registration; and
  7. The expiration date of the registration.

We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to CIRA or such other third party as we may decide, in our sole discretion.

  1. DISPUTE RESOLUTION POLICY

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that eBiziner may from time to time modify its Dispute Resolution Policy. eBiziner will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining your domain name registrations with eBiziner after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review eBiziner’s website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with eBiziner as a result of the modified Dispute Resolution policy, no fees will be refunded to you. You also agree to submit to proceedings commenced under ICANN’s Uniform Rapid Suspension System, if applicable.

You agree that if a dispute arises as a result of one (1) or more domain names you have registered using eBiziner, you will indemnify, defend and hold eBiziner harmless as provided for in this Agreement. You also agree that if eBiziner is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using eBiziner, that eBiziner, in its sole discretion, may take whatever action eBiziner deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold eBiziner harmless for any action taken by eBiziner.

You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where registrar is located or (3) where the registry operator is located (e.g., China for .CN, Columbia for .CO, UK for .EU, etc.).

In the case of .ca domain names, you agree that, if your use of the service or the registration of a .ca domain name is challenged by a third party, you will be subject to the provisions specified by CIRA in their dispute resolution policy, in effect at the time of the dispute.

  1. TRANSFER OF DOMAIN NAMES

If you transfer any domain name, you agree to provide the information required. You may view the latest versions of our Domain Name Transfer Agreement and Change of Registrant Agreement online. In order to further protect your domain name, any domain name registered with eBiziner or transferred to eBiziner shall be placed on lock status, unless an opted-out has occurred as defined in our Change of Registrant Agreement or Domain Name Proxy Agreement. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from eBiziner to a new Registrar. You may log into your account with eBiziner at any time after your domain name has been successfully transferred to eBiziner, and change the status to unlock.

  1. YOUR OBLIGATIONS; SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You represent and warrant to the best of your knowledge that, neither the registration of the domain nor the manner it is directly or indirectly used, infringes the legal rights of any third party. You will comply with all applicable laws, including, but not limited to those relating to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, and disclosure of data and financial disclosures. If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. You represent that you possess any necessary authorization, charter, license, and/or other related credential for participation in the sector associated with the associated registry tld string. You will report any material changes to the validity of your authorization, charter, license, and/or other related credential. You will indemnify and hold harmless the registrar and registry operator, and their directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration.

You agree that, in addition to other events set forth in this Agreement:

  1. Your ability to use any of the services provided by eBiziner is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN;
  2. Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any eBiziner procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by eBiziner or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.


You acknowledge and agree that eBiziner and registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either eBiziner or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement, (vii) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees, (viii) per the terms of this Agreement, (ix) following an occurrence of any of the prohibited activities described in Section 8 below, or (x) during the resolution of a dispute.

You agree that your failure to comply completely with the terms and conditions of this Agreement and any eBiziner rule or policy may be considered by eBiziner to be a material breach of this Agreement and eBiziner may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide eBiziner with material evidence that you have not breached your obligations to eBiziner within ten (10) business days, eBiziner may terminate its relationship with you and take any remedial action available to eBiziner under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the registration of any of your domain names and discontinuing any services provided by eBiziner to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.

eBiziner ‘s failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

  1. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

If you are hosting your domain name system (“DNS”) on eBiziner’s servers, or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with eBiziner, you are responsible for ensuring there is no excessive overloading on eBiziner’s servers. You may not use eBiziner’s servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that eBiziner reserves the right to deactivate your domain name from its DNS if eBiziner deems it is the recipient of activities caused by your site that threaten the stability of its network.

You agree that eBiziner, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. eBiziner also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place.

In the event eBiziner refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to eBiziner in connection with the registration either being cancelled or refused. In the event eBiziner deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

  1. DEFAULT SETTINGS; PARKED PAGE

Choosing Your Domain Name Settings. When you register a domain name with eBiziner, you will be prompted to choose your domain name settings during the checkout process. If you plan on using another provider for your website or hosting needs, then you should enter the name servers of such provider when you choose your domain name settings. This will direct your domain name away from eBiziner’s name servers. If you are an existing eBiziner customer and have already set up a customer profile designating your domain name settings for new domain name registrations, you will not need to complete this step again during the checkout process.

eBiziner’s Default Settings. If you do not direct your domain name away from eBiziner’s name servers as described above, eBiziner will direct your domain name to a “Parked Page” (“Default Setting”). You acknowledge and agree that eBiziner has the right to set the Default Setting.

Parked Page Default Setting. eBiziner ‘s Parked Page service is an online domain monetization system designed to generate revenue (through the use of pay per click advertising) from domain names that are not actively being used as websites. If your domain name is directed to a Parked Page, you acknowledge and agree that eBiziner may display both (a) in-house advertising (which includes links to eBiziner products and services) and (b) third-party advertising (which includes links to third-party products and services) on your Parked Page through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. In addition, you acknowledge and agree that all in-house and third-party advertising will be selected by eBiziner and its advertising partners, as appropriate, and you will not be permitted to customize the advertising, or entitled to any compensation in exchange therefor. Please note that the third-party advertising displayed on eBiziner’s Parked Pages may contain content offensive to you, including but not limited to links to adult content. eBiziner makes no effort to edit, control, monitor, or restrict the content and third-party advertising displayed on eBiziner’s Parked Pages, and expressly disclaims any liability or responsibility to you or any third party in connection therewith.

Changing eBiziner’s Default Settings. You may change eBiziner’s Default Settings at any time during the term of your domain name registration.

Return To Parked Page Default Setting Upon Domain Name Expiration. Upon domain name expiration, and regardless of how you use your domain name during the term of your domain name registration, your domain name will automatically return to the Parked Page Default Setting described above. As used in this paragraph, “expiration” is deemed to include any “renewal period” or “redemption period” immediately after the domain name expires, but before the domain name is returned to the registry. Once your domain name has returned to the Parked Page Default Setting described above, the only way to opt out of the Parked Page service is to renew, redeem, or re-register your domain name in accordance with Section 2(B), Domain Name Renewal Terms, of this Agreement.

Domain Ownership Protection. Domain Ownership Protection generally allows You to: (i) prevent accidental loss of a domain name due to an expired credit card or invalid payment method for a period of ninety (90) days before the domain goes through its normal expiration process; and (ii) lock your domain name to your account.

THE SERVICE WILL NOT, HOWEVER, PREVENT TRANSFERS RESULTING FROM YOUR ACTION OF LISTING YOUR DOMAIN FOR SALE ON ANY OF EBIZINER’S PLATFORMS, INCLUDING PREMIUM LISTINGS, REGARDLESS OF WHEN YOU PURCHASED THE SERVICE.

Once you have elected to purchase the Service for any and all domain names, the automatic renewal function will be activated for each domain name and those names will not be transferable until You elect to remove the service or sell the domain as mentioned above. Accordingly, You acknowledge and agree You have carefully considered the implications accompanying the purchase of the Service and understand the restrictions the Service will place upon Your ability to transfer any domains for which You have purchased the Service. Furthermore, you acknowledge and agree that the Service includes additional steps to verify your ownership prior to deactivation. While You can elect to deactivate the Service at any time, you also acknowledge and agree that the Service is subject to our Refund Policy, and that you may not be entitled to a refund.

Premium Domain Listing and Buying Services.

  1. Description of Service.The Premium Domain Listing and Buying Service (“Service”) is provided to facilitate the buying and selling of currently registered domain names only, and not the purchase or sale of associated website content.. eBiziner provides a venue and a transaction facilitation process and will take a stated commission for each completed transaction. eBiziner is not an escrow agent. As a result, eBiziner does not guarantee the quality, safety or legality of many of the domain names. Domain names listed may be withdrawn at any time by the seller or by us. You acknowledge and agree that your transaction will be handled by eBiziner’s “Transaction Assurance” process. By using eBiziner’s “Transaction Assurance” process, you authorize eBiziner to perform tasks on your behalf in order to complete the transaction. In these transactions, eBiziner acts as a transaction facilitator to help you buy and sell domain names. eBiziner will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge eBiziner is not a bank and the service is a payment processing service rather than a banking service. You further acknowledge eBiziner is not acting as a trustee, fiduciary or escrow with respect to your funds. In all transactions, where the domain name is registered to us, domain names purchased through the Service may not be transferred away from us to another registrar for a period of sixty (60) days following the change of registrant date.

 

  1. Your Obligations.

Listing Domain Names. You may use the Services to list domain names to which You: (i) have registration rights for sale; and (ii) are able to transfer in accordance with Your obligations under this Agreement. By using the Services for such purposes, You represent and warrant that: (i) You have all rights, titles and interests in the domain name necessary to complete the transaction; (ii) the domain name does not infringe on the intellectual property rights of anyone else; (iii) You have the right to transfer the domain name in accordance with Your obligations under this Agreement; and (iv) any Domain Ownership Protection service that is present on the domain will not prevent you from listing the domain name and having its registration rights transferred away from You.

You further agree the domain name is not currently or will not in the foreseeable future be associated with a Uniform Dispute Resolution Policy Dispute or other such litigation. In the event You are unable to comply or fail to comply with Your obligations under this Agreement, we expressly reserve the right to delist any or all of Your domain names immediately upon becoming aware of Your failure to comply. You may list Your domain name for any duration offered on the web site. You agree to pay the listing fee associated with the duration period You choose at the time of the listing. You may choose to supplement the listing with various additional services provided, if any. By using the additional services, You agree to pay any additional charges we may associate with the additional services. We reserve the right to modify its pricing structure at any time. If You find a Buyer using the Services, the transaction must be completed within the Services.

For each transaction completed within the Services, You agree to pay us a transaction fee according to the fee schedule published on the site. Such transaction fee will be payable directly to us. You agree not to sell the domain name to any Buyer found through the Services without using the Services to complete the transaction. Should we find You are circumventing the Services, we reserve the right to terminate Your account and cancel all of Your listings. In the event that you update your sale price, you acknowledge and agree that it may take up to 24 hours to update the price shown to buyers. In the event your domain name sells prior to the price being updated on the website, you agree that the price listed will be enforced.

Purchasing Domain Names. As a Buyer, You are obligated to complete the transaction if You purchase the domain name. You acknowledge that some listed domain names may be subject to an additional registration fee. For those domain names, the registration fee will be added to the price to form the purchase price. You agree that by completing the transaction, You are responsible for payment of the registration fee. We will obtain the funds first by the Payment Method You have designated. If there are insufficient funds or invalid credit card information, we may obtain the remaining funds by charging any Payment Method You have on file.

eBiziner will remit payment of the full agreed upon purchase price minus any commissions to the Seller after a prescribed period of time after receiving funds from the Buyer, except in the event of a dispute or where the payment is suspected to be fraudulent, as determined by eBiziner in its sole and absolute discretion. At no time will You be able to withdraw those funds or send the funds to another recipient unless the initial transaction is canceled. Transfer of Registration Rights. We are not the registrant of all of the domain names listed on the Site and cannot guarantee immediate transfer. For domain names in which we are the registrant, transfer of registration will begin upon completion of the check out procedure. Further, the transfer by us of any domain name to a buyer is done without warranty and we expressly waive any and all warranties or representations that a domain name does not infringe upon the intellectual property rights of a third party. Any Domain Ownership Protection service that is present on the domain will not prevent you from listing the domain name and having the registration rights transferred away from You. eBiziner is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by either the Buyer or the Seller of its respective obligations. Buyer acknowledges and agrees that Buyer does not obtain any rights in the registration of a domain name until the transaction is complete.

Transfer of Registration Rights. We are not the registrant of all of the domain names listed on the Site and cannot guarantee immediate transfer. For domain names in which we are the registrant, transfer of registration will begin upon completion of the check out procedure. Further, the transfer by us of any domain name to a buyer is done without warranty and we expressly waive any and all warranties or representations that a domain name does not infringe upon the intellectual property rights of a third party. Any Domain Ownership Protection service that is present on the domain will not prevent you from listing the domain name and having the registration rights transferred away from You.

eBiziner is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by either the Buyer or the Seller of its respective obligations. Buyer acknowledges and agrees that Buyer does not obtain any rights in the registration of a domain name until the transaction is complete.

Selling Domain Names. As a Seller, You are obligated to complete the transaction if the Buyer commits to purchase the domain at an agreed upon purchase price. You authorize eBiziner to perform tasks on your behalf as part of its “Transaction Assurance” process including making deposits. You must, at the time of listing of Your domain name, establish a payee account.

After a fraud holding period, if no fraud has been detected, payments for completed domain name sales will be credited to your payee account and paid according to the payment method selected in your payee account.

You hereby authorize eBiziner to initiate and post (i) credit (positive) entries for payments to the deposit account and (ii) debit (negative) entries to the deposit account to reverse erroneous payments and/or make adjustments to incorrect payments. You acknowledge and agree that the amount initiated and posted to the deposit account will represent payment for domain names sold using the Services, less any applicable fees and/or chargebacks. You acknowledge and agree that there may be a delay of several days between the time that eBiziner initiates the payment of proceeds and the time that the proceeds are actually posted to the deposit account, and eBiziner expressly disclaims any liability or responsibility regarding the same.

The authority granted to eBiziner by the deposit account owner herein will remain in full force and effect until eBiziner has received written notification from the deposit account owner that such authority has been revoked, but in any event, such writing shall be provided in such a manner as to afford eBiziner a reasonable opportunity to act on such revocation, or until eBiziner has sent notice to terminate this Agreement. eBiziner will not release the domain name to Buyer until receipt of confirmation that the funds have been verified.

Transfer Validation The transfer validation service is provided to help You keep Your domain name secure. By choosing to use the service, You are making an explicit and voluntary request to us to deny all attempts to transfer Your domain name to another registrar, or to move Your domain name to another account, unless You verify each request as described herein. You will provide us with a contact name, phone number and PIN for domain transfer validations. You will be contacted by us when a domain transfer is requested for a domain name in Your account.

When we receive a transfer request, we will call You to verify the transfer request. If we cannot reach You with seventy-two (72) hours of receipt of the transfer request, the transfer will be denied. If You do not provide the proper PIN, the transfer will be denied. When we receive a change of account request, we will call You to verify the change request. If we cannot reach You with seventy-two (72) hours of receipt of the change request, the change will be denied. If You do not provide the proper PIN, the change will be denied. Availability of Services are subject to the terms and conditions of this Agreement and each of our policies and procedures. We shall use commercially reasonable efforts to attempt to provide certain portions of the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement and other portions of the service, during normal business hours.

You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that we may undertake from time to time; or (iii) causes beyond the reasonable control of us or that are not reasonably foreseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we has no control over the availability of the service on a continuous or uninterrupted basis.

Total/Premium DNS. Total DNS is a complete Domain Name System (“DNS”) tool that allows you to manage your DNS and keep your website and web-based applications available and performing reliably. The service is provided “as is”, “as available”, and “with all faults”, and we assume no liability or responsibility regarding the same.

In addition, you specifically acknowledge and agree that we shall have no liability or responsibility for any:

  1. Service interruptions caused by periodic maintenance, repairs or replacements of the Global Nameserver Infrastructure (defined below) that we may undertake from time to time;
  2. Service interruptions caused by you from custom scripting, coding, programming or configurations;
  3. Service interruptions caused by you from the installation of third-party applications;
  4. Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol (“FTP”) and email; or
  5. Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Subject to the provisions of Force Majeure below, we offer a service uptime guarantee (“Service Uptime Guarantee”) for paid services of 99.999% availability (defined below). You shall receive service credits for any Outage (defined below) of the service covered by the Service Uptime Guarantee. The service credits shall be applied as extensions to the terms of the affected Service. The Service Uptime Guarantee shall become effective fourteen (14) days after your purchase of the Service covered by the Service Uptime Guarantee to allow both parties time to properly configure and test the Service.

Definitions. For the purposes of the Service Uptime Guarantee, the following definitions shall apply:

  1. “Global Nameserver Infrastructure”: The group of systems (servers, hardware, and associated software) that are responsible for delivering the Services. The Global Nameserver Infrastructure does not include web-based user interfaces, zone transfer mechanisms, update systems, or other customer-accessible data access or manipulation methods.
  2. “99.999% availability”: A guarantee that the Global Nameserver Infrastructure shall be available to respond to DNS queries 99.999% of the time.
  3. “Outage”: A period in which the Global Nameserver Infrastructure did not maintain 99.999% availability.

Exclusions. For the purposes of the Service Uptime Guarantee, downtime due to the following events shall not be considered an Outage:

  1. Service interruptions caused by “Regularly Scheduled Maintenance”, which shall be defined as any maintenance performed on the Global Nameserver Infrastructure of which customer is notified twenty-four (24) hours in advance. Email notice of Regularly Scheduled Maintenance shall be provided to customer’s designated email address;
  2. Service interruptions caused by you from custom scripting, coding, programming or configurations;
  3. Service interruptions caused by you from the installation of third-party applications;
  4. Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol (“FTP”) and email; or
  5. Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

We, in our sole and absolute discretion, shall determine whether an event shall be considered an Outage.

Remedies. For the purposes of the Service Uptime Guarantee, when the customer becomes aware of an Outage, the customer shall open a ticket with our technical support services within five (5) calendar days of the Outage. If we determine that an Outage did occur, then the customer shall receive a service credit in the amount of two (2) months for any affected Services. The service credit shall be applied as an extension to the term of the affected Services. A customer’s Account shall not be credited more than once per month under the Service Uptime Guarantee.

To qualify for a service credit, you must have a current and valid subscription to the Services affected, and must have an Account in good standing with us. Service credits will not apply to any charges or Services other than the Services for which the Service Uptime Guarantee was not met. Customers with subscriptions for more than one Service will not receive credits for unaffected Services. The remedies set forth herein shall be the sole and exclusive remedies if we do not meet the Service Uptime Guarantee.

In the event either party is unable to carry out its material obligations under this Agreement by reason of Force Majeure those obligations will be suspended during the continuance of the Force Majeure, provided the cause of the Force Majeure is remedied as quickly as practicable. The term “Force Majeure” means any event caused by occurrences beyond a party’s reasonable control, including, but not limited to, acts of God, fire or flood, war, terrorism, governmental regulations, policies or actions enacted or taken subsequent to execution of this Agreement, or any labor, telecommunications or other utility shortage, outage or curtailment.

If your Services include Domain Name System Security Extensions (“DNSSEC”), you will be able to secure your domain names with DNSSEC. DNSSEC is designed to protect you from forged DNS data so “hackers” cannot direct visitors to your website to a forged site.

DNSSEC works by using public key cryptography. You acknowledge and agree that if the keys do not match, a visitor’s lookup of your website may fail (and result in a “website not found” error) and we assume no liability or responsibility regarding the same. In addition, DNSSEC responses are authenticated, but not encrypted. You acknowledge and agree that DNSSEC does not provide confidentiality of data, and we assume no liability or responsibility regarding the same.

We prohibit the running of a public recursive DNS service on any server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public recursive DNS services and reserves the right to remove any servers from the network that violate this restriction.

Full Domain Privacy and Protection. The Full Domain Privacy and Protection service generally allows You to: (i) replace your personal details in the WHOIS Directory with the details of Domains By Proxy; (ii) set up a private email address for each domain name that you can forward, filter or block; (iii) prevent accidental loss of a domain name due to an expired credit card or invalid payment method when domain is set on auto-renew; and (iv) lock your domain name in your account. The full domain privacy and protection service features are intended to: prevent domain-related spam; protect your identity from third-parties; and add a higher level of security through 2-Step Verification to disallow most accidental or malicious domain name transfers. As set forth in Section 2(xi) of this Agreement, You acknowledge and agree that you may not be permitted to purchase private or proxy TLD registrations in certain markets, countries and territories or for certain TLDs.

Ultimate Domain Protection & Security. The privacy and business protection service includes all the features of Full Domain Privacy and Protection, plus the service generally allows You to: (i) prevent accidental loss of a domain name due to an expired credit card or invalid payment method when domain is set on auto-renew; (ii) lock your domain name in your account; and (iii) activate Website Security Basic. The privacy and business protection service features are intended to: prevent domain-related spam; protect your identity from third-parties; plus add a higher level of security through 2-Step Verification to disallow most accidental or malicious domain name transfers;; and provide domain name protection through Website Security Basic. As set forth in Section 2(xi) of this Agreement, You acknowledge and agree that you may not be permitted to purchase private or proxy TLD registrations in certain markets, countries and territories or for certain TLDs.

Trademark Keeper (Beta) Trademark Keeper is a free beta feature of your domain that (i) automatically captures a record of Your homepage including any trademarks on that homepage quarterly (“Screen Capture(s)”), and (ii) timestamps and records proof of the Screen Capture(s) using blockchain technology to ensure that the record is secure. Trademark Keeper also allows You to identify up to three (3) individual trademarks to help You catalog Your brand assets in Your dashboard. Trademark Keeper stores the Screen Capture(s) on servers provisioned by eBiziner but does not analyze, modify or edit the Screen Capture(s). Trademark Keeper stores a digital signature of the Screen Captures on a blockchain proving the Screen Captures’ existence at a certain time, but does not store the Screen Capture itself on the blockchain. You may request a report that shows a historical record of Screen Captures that have been captured by Trademark Keeper. At any time, You may opt out of Trademark Keeper and delete the historical record of Screen Captures. Your Screen Captures will be deleted 24 hours after You disable the “Keep My Data” function. If you re-enable this function within 24 hours, your Screen Captures may be restored. eBiziner may discontinue the Beta feature at any time and for any reason.

YOU ACKNOWLEDGE THAT YOUR USE OF TRADEMARK KEEPER DOES NOT RESULT IN AN “OFFICIAL” TRADEMARK REGISTRATION WITH A GOVERNMENTAL TRADEMARK OFFICE. YOU ACKNOWLEDGE THAT TRADEMARK KEEPER IS NOT A LEGAL SERVICE AND YOU SHOULD CONSULT A TRADEMARK ATTORNEY FOR ADVICE ON HOW TO BEST PROTECT YOUR TRADEMARK RIGHTS. EBIZINER MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARDS TO ANY MATTER INCLUDING THE ADMISSIBILITY OF THE SCREEN CAPTURES OR RECORDS CAPTURED THROUGH TRADEMARK KEEPER.

  1. PRE-REGISTRATIONS

If you submit an application for pre-registration of a domain name, eBiziner does not guarantee that the name will be secured for you, or that you will have immediate access to the domain name if secured. eBiziner may use third-party service providers for the pre-registration services.

  1. PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS

Domain Name Dispute Policy. If you reserved or registered a .BIZ domain name through us, in addition to our Dispute Resolution Policy, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the Restrictions Dispute Resolution Policy applicable to the .biz TLD.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case basis by an independent ICANN-accredited dispute provider. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

One Year Registration. If you are registering a .BIZ domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .BIZ domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .BIZ domain name during the first year, you will automatically be charged the second year renewal fees.

  1. PROVISIONS SPECIFIC TO .INFO REGISTRATIONS

One Year Registration. If you are registering a .INFO domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .INFO domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .INFO domain name during the first year, you will automatically be charged the second year renewal fees.

  1. PROVISIONS SPECIFIC TO .NAME REGISTRATIONS

Defensive Registration. A Defensive Registration is a registration designed for the protection of trademarks and service marks and may be granted to prevent a third party from registering a variation of a trademark or the exact trademark. If the name you wish to register is subject to a Defensive Registration, you have three (3) options: (i) you may register a variation of the name, (ii) you may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy, or (iii) you may request Consent from the Defensive Registrant. You can request Consent by contacting the Defensive Registrant listed in the GNR Whois Directory and requesting consent to register the .NAME domain name. If the Defensive Registrant grants consent, they must confirm in writing that they grant consent. If the Defensive Registrant does not grant consent, you may wish to challenge the Defensive Registration under the ERDRP.

Acceptable Use Policy. You agree to be bound by the .NAME Acceptable Use Policy, which is hereby incorporated by reference. Among other limitations, this policy prohibits you from using your .NAME Email to engage in Spamming activities. You will be limited to a maximum of five hundred (500) messages sent from your .NAME at a time.

  1. PROVISIONS SPECIFIC TO .REISE REGISTRATIONS

Domain Names registered in .REISE should be used for purposes dedicated to travel topics within six months following initial Registration, e.g. utilized on the Internet or otherwise used to perform a function.

  1. PROVISIONS SPECIFIC TO .SEXY REGISTRATIONS

You shall not permit content unsuitable for viewing by a minor to be viewed from the main or top-level directory of a .SEXY domain name. For purposes of clarity, content viewed at the main or top-level directory of a .SEXY domain name is the content immediately visible if a user navigates to http://example.sexy or http://www.example.sexy. No restrictions apply to the content at any other page or subdirectory addressed by a .SEXY Registered Name.

  1. COUNTRY CODE TOP LEVEL DOMAINS

You represent and warrant that you meet the eligibility requirements of each ccTLD you apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country’s laws.

(A) PROVISIONS SPECIFIC TO .AU REGISTRATIONS
.au Registrations (to include com.au, net.au and org.au) are governed by the following additional terms and conditions:

auDA. auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator. The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to it under this Agreement. auDA is an intended third party beneficiary of this agreement.

auDA Published Policy. auDA Published Policies means those specifications and policies established and published by auDA from time to time at https://www.auda.org.au. You must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this Agreement. In the event of any inconsistency between any auDA Published Policy and this Agreement, then the auDA Published Policy will prevail to the extent of such inconsistency. You acknowledge that under the auDA Published Policies: (1) there are mandatory terms and conditions that apply to all domain names; (2) licences, and such terms and conditions are incorporated into, and form part of, this Agreement; (3) You are bound by, and must submit to, the .au Dispute Resolution Policy; and (4) auDA may delete or cancel the registration of a .au domain name.

auDA’s Liabilities and Indemnity. To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors. Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant’s registration or use of its .au domain name. Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.

(B) PROVISIONS SPECIFIC TO .CA REGISTRATIONS
You acknowledge and agree that registration of your selected domain name in your first application to CIRA shall not be effective until you have entered into and agreed to be bound by CIRA’s Registrant Agreement.

CIRA Certified Registrar. The registrar shall immediately give notice to you in the event that it is no longer a CIRA Certified Registrar, has had its certification as a CIRA Certified Registrar suspended or terminated, or the Registrar Agreement between CIRA and the Registrar is terminated or expires. CIRA may post notice of such suspension, termination, or expiry on its website and may, if CIRA deems appropriate, give notice to the registrants thereof. In the event that the registrar is no longer a CIRA Certified Registrar, has had its certification as a CIRA Certified Registrar suspended or terminated or in the event the Registrar Agreement between CIRA and the Registrar is terminated or expires, you shall be responsible for changing your Registrar of Record to a new CIRA Certified Registrar within thirty (30) days of the earlier of notice thereof being given to you by (i) the Registrar or (ii) CIRA in accordance with CIRA’s then current Registry PRP; provided, however, that if any of your domain name registrations are scheduled to expire within thirty (30) days of the giving of such notice, then you shall have thirty (30) days from the anniversary date of the registration(s), to register with a new CIRA certified registrar and to renew such domain name registration(s) in accordance with the Registry PRP.

You acknowledge and agree that should there be insufficient funds prepaid by the registrar in the CIRA Deposit Account to be applied in payment of any fees, CIRA may in its sole discretion stop accepting applications for domain name registrations from the registrar, stop effecting registrations of domain names and transfers, renewals, modifications, and cancellations requested by the registrar and stop performing other billable transactions requested by the registrar not paid in full and CIRA may terminate the Registrar Agreement between CIRA and the Registrar.

.CA ASCII and IDN domain variants are bundled and reserved for a single registrant. Registrants are not required to register all variants in a bundle, but all registered variants must be registered and managed at a single registrar. Each variant registered will incur a registration fee. In addition, when registering multiple .CA domain (ASCII and IDN) variants in a bundle, your registrant information must be identical. If variants are registered at other registrars or if registrant information does not match, it may result in an “unavailable” search result, delayed or failed registration. If information does not match, validation is required and may take up to seven business days and delay availability of domain.

(C) PROVISIONS SPECIFIC TO .CN REGISTRATIONS
.CN is a restricted TLD – applications are subject to both a domain name check and real name verification as required by the People’s Republic of China. Registrations in .CN are therefore subject to the following additional terms:

Verification, Registration and Activation. If a domain name is not permitted to be registered by the Chinese government, as determined by us, the Registry Operator and/or a 3rd party provider utilized for such services and determinations, in either party’s discretion, the application for registration will not be successful. In such event, the name will be deleted and you will be eligible for a refund as further described below.

If permitted, then the Registration may proceed, but a .CN domain name may not be activated (i.e., it will not resolve in the Internet) unless and until you have submitted (via the process described during registration) valid documents required of us and the Registry to perform real name verification. The following are acceptable forms of documents for the purpose of verification:

o    China: Resident ID, temporary resident ID, business license or organization code certificate

o    Hong Kong/Macau: Resident ID, driver’s license, passport or business license

o    Singapore: Driver’s license, passport or business license

o    Taiwan: Resident ID, driver’s license or business license

o    Other Countries/Regions: Driver’s license or passport

Documents submitted to us are used by us and shared with the Registry solely for the purpose of real name verification, and are otherwise subject to our Privacy Policy. By registering a .CN domain, you expressly agree that your data may be stored on servers in the U.S., or otherwise outside of the People’s Republic of China.

Refunds. Refunds for .CN Registrations will only be allowed where (i) registration of the applied for domain name is not permitted by the Chinese government; or (ii) you notify us of your intent to cancel for any reason within the first five (5) days after the Registration (i.e., after it is deemed permissible by the Chinese government). For the avoidance of doubt, refunds will not be permitted under any circumstances after five (5) days from the date of Registration, including, for example, in the event real name verification is not successful or if the Chinese government determines after Registration that the domain name should not have been registered (and directs us to delete).

(D) PROVISIONS SPECIFIC TO .JP REGISTRATIONS
Registration Restrictions. You represent and warrant that you have a local presence in Japan with a home or office address. You agree that certain domain names are reserved and can only be registered by certain parties. These include: (i) TLDs, other than ccTLDs, as determined by ICANN; (ii) geographical-type .JP domain names that are defined as metropolitan, prefectural, and municipal labels; (iii) names of primary and secondary educational organizations; (iv) names of organizations related to Internet management; (v) names required for .JP domain name operations; and (vi) character strings which may be confused with ASCII-converted Japanese domain names. The complete list of .JP Reserved Domains is available here.

UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

Last Revised: 2021-01-20

(As Approved by ICANN on October 24, 1999)

  1. Purpose

This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available here, and the selected administrative-dispute-resolution service provider’s supplemental rules.

  1. Your Representations

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.

  1. Cancellations, Transfers, and Changes

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

  1. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
  2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

iii.        our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

  1. We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
  2. Mandatory Administrative Proceeding

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed here (each, a “Provider”).

  1. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that

o    your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

o    you have no rights or legitimate interests in respect of the domain name; and

o    your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

  1. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

o    circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

o    you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

o    you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

o    by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

  1. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

o    before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

o    you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

o    you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

  1. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
  2. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
  3. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
  4. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
  5. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
  6. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
  7. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
  8. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
  9. All other disputes and litigation

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

  1. Our involvement in disputes

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

  1. Maintaining status quo

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

  1. Transfers during a dispute

Transfers of a Domain Name to a New Holder

You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

Changing Registrars

You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

  1. Policy modifications

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

 

Email Marketing Services

Last Revised: 2021-01-20

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

  1. OVERVIEW

This Email Marketing Service Agreement (this “Agreement”) is entered into by and between eBiziner Inc. and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Email Marketing services (the “Services”), and represents the entire agreement between you and eBiziner concerning the subject matter hereof. 

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.

The terms “we”, “us” or “our” shall refer to eBiziner. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

  1. SERVICES

Email Marketing services enable corporate web sites, small business web sites, community sites and individual sites to sign up web site visitors, collect and store visitor subscription information, and build and conduct email communications with their contacts.

The number of contacts in your account is metered by eBiziner.

All subscription plan prices are subject to change at any time.

Monthly fees will be charged even if your account was not used to send emails.

It is understood that eBiziner makes no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available. eBiziner makes every attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results eBiziner recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.

  1. ANTI-SPAM POLICY

You may not at any time utilize the Services for the sending of unsolicited email messages (sometimes called and hereinafter referred to as “spam”). All messages sent by means of your use of our Services shall be in compliance with the terms of this Agreement and shall only be used for lawful purposes in compliance with all other applicable U.S., state, local and international laws governing your business, operations and activities, which may include (1) the U.S.’ CAN-SPAM Act of 2003 (“CAN-SPAM”), (2) Canada’s Anti-Spam Legislation (“CASL”), or (3) any other jurisdictions’ policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement, child protective email address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services and laws that govern false, unfair and deceptive practices, etc.  Click the links provided for more information on compliance with CAN-SPAM or CASL.  

We have a zero-tolerance spam policy. Notwithstanding anything to the contrary in the Universal Terms of Service Agreement, you acknowledge and agree that we may immediately terminate or cancel any account, product, or service, including your use of the Services, that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity. We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network.  Accounts, products, or services terminated or cancelled in connection to spam or other unsolicited bulk email activity are ineligible for any refund.

The content you include in any email must be accurate and you may only use the Services to send emails to customers and contacts who have expressly opted in or otherwise given you lawful permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, they should not be included in any email marketing campaign. You must be able to provide opt-in verification for each contact for each email marketing campaign. 

We prohibit the use of third-party, purchased, rented, or harvested mailing lists. You shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned.  To the extent the Services include features that allow you to request a recipient to confirm that you have the recipient’s permission to send messages to such recipient (assuming such use is permitted by laws applicable to you), and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send messages to that recipient. 

You acknowledge and agree that we have the right but not the obligation to copy and/or store your contact lists, customer and contact information, and other information as needed. We shall not use this information in any way that violates our Privacy Policy.

  1. USE OF PROPER MESSAGING CONTENT

You represent and warrant that the information you use in any email marketing campaign, including the header, subject line, and content, is not false, deceptive, or misleading. More specifically, you agree (1) to include a valid and correct physical address and other contact information required by applicable law (e.g., secondary contact, such as a phone number, as required under CASL), (2) to ensure to provide a valid, accurate and non-deceptive identification of your organization in the “from” and “reply to” address in every email as the sole person sending or causing to be sent the email using our Services and (3) to ensure the “subject” line of any message sent is not deceptive or misleading with respect to the subject matter of the email message itself.   

Every commercial email message sent utilizing our Services should include an “unsubscribe” link that allows subscribers to remove themselves from your mailing list. You agree not to remove or disable this link in your use of our Services.  You must comply and are responsible for honoring all opt-out requests within ten (10) business days of receipt and the opt-out method used must be able to process opt-out requests for a minimum of sixty (60) days after the email is sent. Generally speaking, you cannot charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request.

  1. PROHIBITED USE

You acknowledge and agree that you shall not use the Services to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute. 

You may not use eBiziner to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing materials, or any other content we deem inappropriate. You may not exploit eBiziner Inc.’s service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than you’re permitted for your service level.

Unfortunately, some industries yield higher-than-normal abuse rates, which can negatively affect the deliverability for other eBiziner users. In order to maintain the highest possible delivery rates for all our users, eBiziner is unable to send on behalf of certain industries and senders. This includes, but is not limited to, the following: 

  • Pharmaceutical products
  • Work from home, make money on online, and lead generation opportunities
  • Online trading, day trading tips, or stock market-related content
  • Gambling services, products, or tips
  • Multi-level marketing (MLM)
  • Affiliate marketing
  • Credit repair and get out of debt opportunities
  • Mortgage and loan content
  • Nutritional, herbal, and vitamin supplements
  • List brokers or list rental services
  • Counterfeit or “knock off” products appearing to be another brand

It is the responsibility of the sender to ensure that their content falls within these guidelines. eBiziner may monitor your account to ensure compliance with these terms and operation within the acceptable standards of the industry and of the email providers you are sending to.

  1. INACTIVITY

If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at eBiziner’s sole discretion) as inactive, eBiziner will flag that account as inactive.

INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE EBIZINER DATABASE.

  1. INDEMNIFICATION AND LIMITATION OF LIABILITY

You expressly agree and acknowledge that, except as modified by this Agreement, your use of the Services is subject to the entirety of our Universal Terms of Service, and specifically those sections governing eBiziner’s Limitation of Liability and your obligations of Indemnification arising from or relating to your use of the Services.

 

 

Website Builder / Website Services Agreement

Last Revised: 2021-01-20

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.**

  1. OVERVIEW

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Website Service Agreement (this “Service Agreement”) governs your use of eBiziner’s website and website marketing related services (“Website Services”). Capitalized terms used in this Service Agreement, but not defined, are defined in the Universal Terms of Service Agreement.

A. General rules of websites
1- eBiziner does not have any responsibility for the information contained in the sub-websites.

2- The eBiziner site builder is fully committed and adheres to the laws, so the websites that are contrary to the laws of their country of citizenship will not have eBiziner support. Competent authorities will be located. All websites with unauthorized content, such as unauthorized film and music websites, containing obscene, infringing content, and political websites that violate national law will be taken down upon receipt by legal authorities.

3- The eBiziner site builder has no responsibility for the protection of users’ personal information in the sub-websites. Similar cases of fraud, phishing or breach of user privacy will be dealt with on the relevant website.

B- Technical rules and content of contracts
1- All websites delivered by eBiziner site builder are based on a WordPress content management system. Except in custom design orders and according to a user request.

2- All eBiziner site builder plans have a one-week money-back guarantee. For a week from the complete delivery of the website, in case of customer dissatisfaction, the paid fee will undoubtedly be refunded. It should be noted that the domain registration fee will be deducted from the returned amount and the refunded amount does not include the registered domain fee. Also, other consumer items and services for which a fee has been paid are not included in the refund law.

3- After delivering the website to the user, the user is responsible for any damage, hacking and other problems, and the eBiziner site builder has no responsibility for any problems after delivery. Except in plans that include technical and security support. The plans in which the technical and security support is mentioned are fully covered by the technical support of the eBiziner site builder and our technical team will solve the desired problem at the earliest opportunity and return the desired website to the active state.

4- By using or installing any cheated or fake licenced or any un-original products and or add-ons and or themes eBiziner guarantee will expire and the eBiziner site builder has no responsibility for any problems.

5- All websites will be delivered exactly according to the skin and settings selected by the user when ordering and the owner of the website will be responsible for making any changes in all sections. Except in cases where the options of creating main pages and providing content, etc. are selected when ordering. For plans that include change support, the user will be fully explained how to make changes at the request of the support system.

6- If the site owner wishes, a backup copy will be provided to him for transfer to another host, and the website owners can freely transfer their website to other hostings. It should be noted that eBiziner does not have any responsibility for the transferred websites and as soon as the host changes the user support plan will be terminated.

7- Personalization and making changes outside the contract mentioned by the technical support team of Bamboo site builder can be done and the cost of changes is agreed upon between the parties.

8- The prices of plans may change at the end of each year due to the increase in running costs and will apply to contracts concluded after the price change. Plans that have been purchased and renewed for several years do not include price increases.

9- All plans include ticket support and our technical support will be at your service 24 hours a day. Priority is given to answering and solving problems with users of higher plans. It should be noted that the eBiziner site builder is not responsible for technical support for making changes to plans that do not include change support. In fact, users whose purchased plan does not include change support can only ask questions about technical issues, and questions about making changes and personalizing them will be answered with very low priority.

10- After the end of the contract and if it is not renewed, after one week from the end of the contract, the website will be out of reach and after one month, it will be completely removed from the eBiziner servers. The user is responsible for the loss of information in this case. It should be noted that one week before the end of each contract, the subject will be notified to the website owner via email.

11- If the customer wishes, the eBiziner site development team can add additional skins and features to his website according to the user’s request, in addition to the default site builder skins and features. The amount received for designing special skins and additional facilities will be determined by agreement between the parties.

  1. DESCRIPTION OF SERVICES
    1. Websites + Marketing. eBiziner Websites + Marketing is a cloud-hosted tool that enables you to design, create, manage and promote your online presence. The various Websites + Marketing Service plans include the following features: designed templates; email marketing; business profile management on Google, Instagram and more; Search Engine Optimization and eBiziner Insight. The actual Services available vary based on your geographic region and the specific service plan purchased. In some geographic markets outside the United States, this product may be referred to as Website Builder.
      1. Website +Marketing Services. Website +Marketing Services is a support service to provide you with an account manager that can assist in designing and updating your Website + Marketing site.
    2. Arabic Website Builder. eBiziner Arabic Website Builder includes the features of Websites + Marketing and supports both dual language functionality and bidirectional text, including Arabic language.
    3. eBiziner Social. eBiziner Social Services aim to provide you with both a team and the technology to improve your social media presence. The various eBiziner Social Services plans may include the following features: social profile optimization; review responses; custom posts to social media; branded email campaigns; and reporting and insights. The exact features available to you are dependent upon plan purchased.
    4. Digital Marketing Suite. Digital Marketing Suite plans include email marketing features and a dashboard that allows you to connect your business site to various social media platforms, such as Google, Facebook or Instagram, allowing you to post, update profiles, and respond to customer reviews from one place. The plans also include search engine optimization to optimize your site for web searches.
    5. eBiziner Conversations. eBiziner Conversations is a companion app to Websites + Marketing. It allows your website visitors to contact you directly from any page. You receive instant notifications when you receive a message and can reply from anywhere, all from your phone. Through the app, you can streamline your website communications and easily view and manage website conversations all in one place.
  2. Account Termination; Limitations
    1. Sample Terms and Conditions. Sample Terms and Conditions are provided for reference purposes only. Use them at your own risk. eBiziner does not guarantee the legality of any phrasing or provisions offered or derived from these descriptions and suggestions. You should consult with an attorney to ensure your terms and conditions are sufficient to meet your needs, appropriate for your jurisdiction and are legally binding on Your customers.
    2. Templates. The individual templates available to you may vary between Websites + Marketing, Website Builder and Arabic Website Builder products and may further vary depending upon Your geographic region. Templates are primarily provided in English.
  3. Your Obligations; Representations and Warranties
    1. You are responsible for ensuring your website conforms to all applicable local, state, federal, and international laws.
    2. Backups. You are solely responsible to save and backup your website and any of your User Content and any and all data or information sent or received using the Website Services.
    3. User Content and Website Content. For all Website Services, Your User Content includes any registered domain names provided by you or registered on behalf of you in connection with the Services. eBiziner is relying on your representation concerning your proper use of all content on any website you create or control.
      1. You represent and warrant that you have all necessary rights, title and interest in User Content, or possess the necessary rights and consents to permit the User Content to be sent or received using the Website Services.
      2. All content you upload into Websites + Marketing Services may be immediately available. User Content may be cached for up to one year and deleting User Content from Websites + Marketing Services does not remove cached versions of the content
      3. By uploading content for your website, you grant eBiziner an unrestricted license to use the content for the purpose of providing the Website Services and to display screenshots of any website created using Websites + Marketing Services, in marketing materials, or in other manners as determined by eBiziner in its sole and absolute discretion.
    4. Storage and Security. You are responsible for maintaining your website and all of your website content. You will be solely responsible for undertaking measures to: (i) prevent any loss or damage to your website content; (ii) maintain independent archival and backup copies of your website content; and (iii) ensure the security, confidentiality and integrity of all your website content transmitted through or stored on eBiziner’s servers; and. eBiziner’s servers and hosting services are not an archive and eBiziner will have no liability for loss, damage or destruction of any of your content.
  4. PROVISIONS SPECIFIC TO WEBSITES + MARKETING SERVICES
    1. Integration with Hosting Platform. The websites created using Websites + Marketing Services are built on and integrated with eBiziner’s hosting platform, and you may not migrate or otherwise transfer any such website to another hosting provider.
    2. Ownership of Websites. Except for User Content, the websites created using Websites + Marketing Services belong to eBiziner, and all such websites (including all copies thereof) are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. eBiziner grants you an unrestricted license in the website for the duration of your Websites + Marketing Services subscription. Cancellation of your Websites + Marketing Services subscription for any reason terminates your license to the website. You will prevent any unauthorized copying of the websites created using Websites + Marketing Services. Unless otherwise specifically provided in this Agreement, no right or license under any intellectual property right is granted by this Agreement. eBiziner reserves all rights not expressly granted herein.
    3. Social Media Posts (Over). The social media posts(and any derivative works or enhancements of the same) created using Website + Marketing Services including, but not limited to, all text, fonts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by eBiziner, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by eBiziner, our licensors, or identified third parties. All Service Content have copyright protection as a collective work under the laws of the United States and other copyright laws and, except for the limited use rights granted to you in this Service Agreement, you shall not acquire any right, title or interest in our Services or any Service Content. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Service Content from the different areas of the Website only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You agree not to use any of our logos or any other proprietary graphic or trademark without our express written consent. Any rights not expressly granted in this Service Agreement are expressly reserved.

      eBiziner Services are provided for your personal and commercial use except when the Service Content is used to create end products for sale where the lifetime sales of the end product for sale exceeds 400 units. An end product (an “End Product”) for sale can be either a digital design or physical item created using eBiziner Services that you and/or your client intends to sell. You understand and agree that End Products you create using the Service Content must be a unique implementation of the Service Content, significantly different than the original piece of Service Content and require time, effort, and skill to produce. eBiziner may offer certain portions of the Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, subject to this Service Agreement, and upon your registration for a Membership, you are being granted or purchasing a revocable, non-exclusive, non-transferable and limited license to use our Services. When using the Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.

      The Services do not support all local languages. If a local language is not supported, then the Service will default to English only. A list of supported languages include: English, Spanish, French, German, Portuguese, Dutch, Danish, Swedish, Finnish, Norwegian, Indonesian and Italian (this list is subject to change). To the extent that the Services are used with a local language (other than English), there may be limitations to certain features or functionality within the Service.

      We provide the Services including, without limitation, Service Content for educational, entertainment, promotional and/or commercial purposes expressly stated in this Service Agreement. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. We do not assume any responsibility or liability for any User Content, opinion or other commentary posted on the Website, the Application or any third party website linked to the Website or Application. We further do not make any express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Service Content and, under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

      In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. You understand that we do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities. You further understand and acknowledge that you may be exposed to third-party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

    4. Website + Marketing Services. This support service must be requested through the proper channels to be received and responded to/completed within the designated SLA for time. Once we receive your request for updates and all necessary materials or content, we will complete the requested updates and re-publish your site without further review, unless the request is unclear or missing information/content necessary to complete the request in question.

      All requests will be subject to the limitations stated in Section 4 of the Website Design Services Agreement. Each request is subject to a review for exceeding the limitations with which your Website + Marketing Services plan is associated with. The Website + Marketing Services management exclusively determines the effort required for the development. For work outside of the scope of the Website + Marketing Services development agreement, Website + Marketing Services management may provide alternative solutions to the client, including referral to the WPPS.

      Website + Marketing Services provides support within the hours of 7am – 6:30pm AZ time, Monday -Friday, and will respond to any written inquiries within 1 business day.

  5. PROVISIONS SPECIFIC TO WEBSITE BUILDER AND ARABIC WEBSITE BUILDER
    1. Integration with Hosting Platform. The websites created using these Website Builder Services are built on and integrated into a hosting platform provided by eBiziner, and any attempt to migrate or otherwise transfer any such website to another hosting provider is a violation of this Agreement.
    2. Ownership of Websites. Except for User Content, the websites created using Website Builder Services belong to eBiziner, and all such websites (including all copies thereof) are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. eBiziner grants you an unrestricted license in the website for the duration of your Website Builder Services subscription. Cancellation of your Website Builder Services subscription for any reason terminates your license to the website. You will prevent any unauthorized copying of the websites created using Website Builder Services. Unless otherwise specifically provided in this Agreement, no right or license under any intellectual property right is granted by this Agreement. eBiziner reserves all rights not expressly granted herein
  6. STOREFRONT AND APPOINTMENT SERVICES

With eBiziner Websites Services, you have the option to create, manage and maintain an online storefront and/or online appointments, which allows you to:

    • add, access, manage and maintain a catalogue of products and/or services and present said catalogue on the Internet through a compiled storefront or appointments listing rendered as a domain (web site) or sub-domain;
    • engage in the selling of services, physical, and downloadable goods over the Internet;
    • arrange for the collection of payment related to applicable tax and shipping fees;
    • collect credit card and personal information for the purpose of conducting transactions;
    • schedule online appointments and sync calendars from multiple platforms;
    • perform order management and processing activities; or
    • generate business reports related to Storefront business activity
    1. Product Catalog. The performance of your website may be impacted at varying number of products depending on potential physical and practical constraints, including, but not limited to, system architecture, system capacity, system load, end-user Internet connectivity and end-user computer configurations.
    2. End Customer Payment and Taxes. You are responsible for collecting, and managing all end customer payments. Similarly, you are responsible for the payment of all applicable state, federal or international taxes on products you sell using the Services. It is your responsibility to read, enter into, and agree to all End User License Agreements required for use of your selected Payment Methods and Tax options. eBiziner is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of your items to purchasers internationally.
  1. PROVISIONS SPECIFIC TO EBIZINER SOCIAL
    1. Proprietary Rights. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “eBiziner Content” means any Content created or licensed by eBiziner (including, without limitation, Content created for you or with your input). “Customer Content” means any Content that Account holders (including you) provide to be made available through the Services.

      eBiziner does not claim any ownership rights in any Customer Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your Customer Content. Subject to the foregoing, eBiziner and its licensors exclusively own all right, title and interest in and to the Services and eBiziner Content, including all associated intellectual property rights. You acknowledge that the Services and eBiziner Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

    2. Rights in Content Granted by You. By making any Customer Content available through Services you hereby grant to eBiziner a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your Customer Content in connection with operating and providing the Services and Content to you and your authorized account holders. You are solely responsible for all your Customer Content. You represent and warrant that you own all your Customer Content or you have all rights that are necessary to grant us the license rights in your Customer Content under this Agreement. You also represent and warrant that neither your Customer Content, nor your use and provision of your Customer Content to be made available through the Services, nor any use of your Customer Content by eBiziner on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You assume all risks associated with your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable.

      You can remove your Customer Content by contacting us and requesting that it be deleted. However, in certain instances, some of your Customer Content (including, without limitation, posts or comments that have been made) may not be completely removed and copies of your Customer Content may continue to exist on the Services in archive or backup form. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Customer Content.

    3. Photographs, Videos and Recordings. To the extent you request that we photograph, film and/or record you, we may do so and any such photos, videos or recordings will be considered eBiziner Content and will be owned exclusively by eBiziner. To the extent such photos, videos or recordings contain any third party’s name, image, likeness or voice, you represent and warrant that you will obtain all necessary permissions and releases from such third party. In the event you wish to use such photos, videos or recordings in connection with your business outside of the Services, upon your request, we may choose to grant you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and display certain of those photos, videos, or recordings subject to the payment of a fee.
    4. Rights in Content Granted by eBiziner. Subject to your compliance with these Terms, eBiziner grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the eBiziner Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
    5. Access Rights. You may choose to allow eBiziner to manage third-party profiles, applications or websites on your behalf (“Third-Party Services”) using usernames and passwords that you provide to log in to the Third-Party Services (such information comprising a “Third-Party Login”). You hereby grant eBiziner the right to (1) create, access and manage the Third-Party Services in your name using eBiziner Content, Customer Content and publicly available information; (2) post, at eBiziner’s discretion, Customer Content or eBiziner Content to the Third-Party Services in your name, including but not limited to Content that mentions, discusses, or promotes third parties; (3) access, collect, read, analyze, and otherwise use on your behalf the information available on the Third-Party Services; (4) host, using the resources of eBiziner or its affiliates, the Third-Party Services, to the extent necessary to provide the Services; and (5) use and store Third-Party Logins to accomplish any of the foregoing. YOU ACKNOWLEDGE AND AGREE THAT WHEN EBIZINER  IS CREATING, ACCESSING AND MANAGING THE THIRD-PARTY SERVICES, EBIZINER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE THIRD-PARTY SERVICES. Your access to the Third-Party Services is governed solely by the agreement between you and the operator of the Third-Party Services. Upon termination of your use of eBiziner’s services, you retain the right to access and control the Third-Party Services not hosted by eBiziner or its affiliates, as well as Customer Content. At any time, including upon termination of your use of Services, eBiziner may delete, disable, alter, remove, retain, or otherwise dispose of the Third-Party Services, if any, hosted by eBiziner or its affiliates.
    6. Limits on Content. You acknowledge and agree that:
      1. Your use of the Services, including any Customer Content you submit, will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
      2. You will not collect or harvest (or permit anyone else to collect or harvest) any Customer Content or any non-public or personally identifiable information about any person or entity without their express prior written consent.
      3. You will not use the Services in a manner (as determined by eBiziner in its sole and absolute discretion) that: is illegal, or promotes or encourages illegal activity; promotes, encourages, or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM); promotes, encourages or engages in terrorism, violence against people, animals, or property; promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking; infringes on the intellectual property rights of any other person or entity; violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; interferes with the operation of the Services; contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or contains false or deceptive language, or unsubstantiated or comparative claims, regarding eBiziner or eBiziner s Services.
      4. You will not modify or alter any part of the Services or any of its related technologies.
      5. You will not access eBiziner Content or Customer Content through any technology or means other than through the Services, or as eBiziner may designate.
      6. You agree to accept as a risk the loss of any and all of your Customer Content.
      7. You will not: attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by eBiziner MSH Inc. or other generally available third-party web browsers; use the Services or resell eBiziner Content, or any portion thereof, or for the benefit of any third party or in any manner not permitted by these Terms; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; collect or store any personally identifiable information from the Services from other users of the Services without their express permission; impersonate or misrepresent your affiliation with any person or entity; or encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.

WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO REMOVE OR DISABLE ACCESS TO ANY CONTENT, AT ANY TIME AND WITHOUT NOTICE, IF WE, AT OUR SOLE DISCRETION, CONSIDER ANY CONTENT TO BE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS. WE HAVE THE RIGHT TO INVESTIGATE VIOLATIONS OF THESE TERMS OR CONDUCT THAT AFFECTS THE SERVICES. WE MAY ALSO CONSULT AND COOPERATE WITH LAW ENFORCEMENT AUTHORITIES TO PROSECUTE USERS WHO VIOLATE THE LAW.

    1. Refunds and Cancellations. You can cancel eBiziner Social at any time. However, you must cancel more than 48 hours in advance of your next billing date in order for the cancellation to be effective for that billing period. If you cancel within 48 hours of your billing date, your cancellation will be effective in the next billing period and you will not be refunded the cost of that billing period.
  1. PROVISIONS SPECIFIC TO DIGITAL MARKETING SUITE

Your use of the Digital Marketing Suite is subject to the terms of this Agreement and the following eBiziner product-specific terms of service incorporated herein by reference. Digital Marketing Suite does not include an SSL Certificate or the ability to create and host a website (including Online Store/Online Appointments).

  1. PROVISIONS SPECIFIC TO EBIZINER CONVERSATIONS
    1. NOTICE REGARDING TRANSFER OF DATA: USE OF THE EBIZINER CONVERSATIONS SERVICES REQUIRES THAT PERSONAL DATA BE PROCESSED BY EBIZINER IN THE UNITED STATES OF AMERICA, WHERE THE COMPUTING SYSTEMS AND INFRASTRUCTURE NECESSARY FOR YOU TO USE THE APP ARE LOCATED. FEATURES AND CAPABILITIES OF THE SERVICES WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, EBIZINER IN THE UNITED STATES OF AMERICA FOR THAT PURPOSE. EBIZINER PROCESSES SUCH PERSONAL INFORMATION IN COMPLIANCE WITH THE CONTRACTUAL REQUIREMENTS ESTABLISHED WITH YOU IN THIS DOCUMENT.
    2. Apps are Not for Children under 13. All eBiziner Apps, Services and related websites are not intended for children under the age of thirteen (13), so children under the age of thirteen (13) should not use them at any time. Account registration requires a minimum age of thirteen (13). If you are between the ages of thirteen (13) and seventeen (17), your legal guardian will review and agree to these terms. eBiziner does not knowingly collect any information from children under the age of thirteen (13). In the event that eBiziner learns that it has inadvertently gathered personal information from children under the age of thirteen (13), eBiziner will take reasonable measures to promptly delete such information.
    3. Account Registration. Use of the eBiziner Conversations App requires that you create an account (the “Account”). The Account applies to use of the eBiziner Conversations App and related eBiziner Conversations Services. When setting up the Account you may be prompted: (i) to provide a phone number to receive a call or SMS from us so that we may authenticate your Account registration and you acknowledge and agree that we may place, and that your existing phone carrier may charge you for that incoming call or SMS; and (ii) for registration information, which may include your address, name, email address, an account password, and a phone number. You hereby consent and to allow eBiziner to (i) import and store contacts from your device and from third party services through connections enabled by you through the eBiziner Conversations App, and (ii) identify you by the name and phone number provided during registration to third parties with whom you communicate using the eBiziner Conversations App. For eBiziner Accounts, you agree that eBiziner may contact you at the mobile phone number you provide during registration about your Account and/or about setting up an Account. Accounts are for your personal use and may not be sold, transferred or assigned by you to a third party. YOU ACKNOWLEDGE THAT IF YOU DO NOT CONSENT TO MAKE YOUR CONTACTS AVAILABLE TO THE APP, YOUR USE OF THE APP WILL BE LIMITED.
    4. Service Requirements. An underlying wireless phone service is required to use the calling features of the eBiziner Conversations Services. You are solely responsible for procuring, maintaining, and paying for the underlying wireless phone service that will connect calls made with the Services to your phone. eBiziner is not responsible for your underlying phone service, for any calls made or messages sent across telecommunications networks which are not owned by eBiziner, or for problems with your underlying wireless phone service, including but not limited to no service, poor reception, and dropped calls. When you use eBiziner Conversations Services to send messages, these messages will not be itemized on your wireless telephone invoice. Additionally, THE EBIZINER CONVERSATIONS SERVICES CANNOT BE USED FOR 911 OR EMERGENCY CALLING. YOU MUST USE YOUR UNDERLYING PHONE SERVICE FOR 911 OR EMERGENCY CALLING.

      A data plan or internet connection is required to use most portions of the eBiziner Conversations Services. You are solely responsible for any fees and costs associated with that data plan or internet connection. You acknowledge and agree that your cellular data connection may be used for functionality of the eBiziner Conversations Services and that you are solely responsible for cellular data usage charges which you may incur from the use of the eBiziner Conversations Services. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreement(s) with your wireless carrier. You hereby authorize and grant to eBiziner a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your account with the eBiziner Conversations Services, to sublicense those rights to its third party providers only for so long as necessary to provide the eBiziner Conversations Services to you and to disclose the same as required or permitted under applicable law. eBiziner may provide the Services to you directly or through its providers and/or agents.

    5. Third-Party Services. You affirm that: (i) you understand that you are also subject to the terms of service of the third party services that you link with the eBiziner Conversations Service, including Facebook’s ToS found here: https://www.facebook.com/terms.php (ii) eBiziner recommends that you review those terms of services associated to every third party service you are using via a plugin, a network connection, or network provider; (iii) You use third-party services, third-party plugins, and third-party software at your own risk.

      You the user will not hold eBiziner liable for any claim of not knowing what third party services you are using through a third party developers plugin. By accepting this agreement you accept all liability for; (i) Not researching or accurately informing yourself on the third party plugin(s) you are using; (ii) Not researching or accurately informing yourself on the third party service’s terms of service of which you are held accountable to through the use of the third-party plugin.

      You confirm that you understand the eBiziner Conversations Service is capable of accessing information based on the limits of the third party service. Each third-party service has different limits as to what information can be accessed so we recommend that you review their privacy policies. A plugin can only request to access information based on the eBiziner Conversations Services intended purposes. The following is a non-inclusive list disclosure of the eBiziner Conversations Services intended purposes for accessing information from a third party service:

      1. Receiving/sending messages in real-time from the plugin/service. Messages can be text, media (images, video, and audio), stickers, emoji’s, or files.
      2. Message sync: Ensuring that the local copy in our database is the same as what’s interfaced by the plugin (the plugin may interface via an online database or another database that sits on the device (such as the Android SMS-MMS database).
      3. Message pulling: Loading additional messages in from a services database (this includes SMS-MMS databases on the device), as they are requested by the user.
      4. Fetching information shared between all messages: timestamp, participant address, message sender vs receiver direction, message type (group/party message, or solo message), status (sent, delivered, waiting, failed).

In no event will eBiziner, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) Errors, mistakes, or inaccuracies of content, (ii) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services plugins or third-party services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

    1. Message Retention. eBiziner Conversations App includes, but is not limited to call records, voicemail, multi-media messages, and text messages (“Message Data”). After the eBiziner Conversations Services are cancelled you will not be able to access Message Data. You consent to allow, and represent that you have the right to allow, eBiziner to copy, cache, store, distribute and share Message Data as you designate through the eBiziner Conversations App. You agree and hereby grant eBiziner the right to copy, cache and store Message Data, with that right to survive expiration or termination of this Agreement.
    2. Number Portability. You cannot port out a number obtained during a free-trial or as part of a messaging only eBiziner Conversations Service plan.
    3. eBiziner Conversations Local and Toll-Free Text Message Fair Usage Policy. eBiziner Conversations Services local and toll-free plans will have an unlimited number of text messages for your use every month. Although there is no limit to the number of text messages on your eBiziner Conversations Services local or toll-free unlimited plan, a local unlimited plan has a threshold of two thousand (2,000) sent text messages and a toll-free unlimited plan has a threshold of ten thousand (10,000) sent text messages every month which will be considered normal use. In the event that you exceed this threshold, eBiziner in its sole discretion may assess an additional usage charge of 0.01 ¢/text message or the current overage rate for every text message in excess of the threshold. Where possible, eBiziner will provide notice of your usage in excess of the normal use.
  1. PROVISIONS SPECIFIC TO FACEBOOK PAGE DESIGNER

A Facebook page designer allows you to create customized Facebook pages designed to complement your website (the “Facebook Page Designer”). The number of Facebook pages allowed varies depending on your Services plan and is in addition to the number of site pages included with your Services plan.

In order to use the Facebook Page Designer, you will need (i) an active Facebook account and (ii) a public page from within your Facebook account. You will need to link the Facebook pages to your Facebook account in order for the Facebook pages to be navigable.  Your Facebook pages will are on the same hosting account, and accessible via the same control panel, as your website.  Accordingly, at least one page of your website must be published before your Facebook pages can be published. 

If you access the Facebook Page Designer, you acknowledge and agree that you will not use it to launch a Facebook page that promotes, provides content referencing, facilitates, contains, or uses any of the following:

    • Alcohol-related content, or sale of tobacco products, ammunition and/or firearms;
    • Content that infringes upon the rights of any third party, including intellectual property rights, privacy, publicity, moral or other personal or proprietary rights, or that is deceptive or fraudulent;
    • Gambling, including any online casino, sportsbooks, bingo or poker;
    • Illegal activity and/or illegal contests, pyramid schemes, sweepstakes or chain letters (if you run, reference, or facilitate legally permissible sweepstakes, contest, or other promotion you are subject to Facebook’s Promotions Guidelines located here); or
    • Content that is hateful, threatening, defamatory, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    • You must ensure that you own or have secured all rights necessary to copy, display, distribute, deliver, render and publicly perform all content of or within your application to Facebook users in all countries where you make the content available.
  1. PROVISIONS SPECIFIC TO STARTER WEBSITE – BUILT FOR YOU

Starter Website Built For You is a free service add-on with your purchase of eBiziner’s Websites + Marketing for a term of one year or greater (“Starter Website”). This is a limited offer, subject to change at any time with or without notice, and is valid only for 30 days from the time of your initial purchase. You agree to be transferred to or contacted by an eBiziner website specialist to help you build a Starter Website, which includes a 30-minute interview with a website specialist. Services also include up to 45-minutes of copy-writing for up to five pages of Starter Website, and a permitted custom domain that is free for the first year only. Services for your Starter Website are deemed complete upon completion of the interview, copy-writing, and site build of up to five pages. If agreed during your website specialist interview, and with your consent, we will publish your Starter Website on a specified domain once Services are complete. eBiziner does not guarantee the performance of your Starter Website or that your expectations will be met if requests are unreasonable or unable to be completed within the scope of the Starter Website. Services do not include replicating any existing website and any custom assets must be provided by you and will be used where suitable. Edits or revisions to the Starter Website are not included. eBiziner is not responsible for delays caused by your lack of or untimely response, including your failure to participate in the scheduled 30-minute interview.

  1. ANALYTICS

eBiziner grants you a limited, revocable, non-exclusive, non-sublicensable license to use the eBiziner Websites + Marketing analytics (“Analytics”) solely as necessary for you to use the Analytics on eBiziner Websites + Marketing properties; and you may access and view reports through your Shopper Account. The Analytics will allow you to track your visitor’s IP address, time of visit, header information and location (“Data”).  You will comply with all applicable laws and regulations in your use of and access to the Analytics Data and reports. eBiziner and its wholly owned subsidiaries may retain and use, subject to the terms of its privacy policy, Data collected by Analytics. You will not (and will not allow any third party to) use the Analytics to track, collect or upload any data that personally identifies an individual (such as a name, email address or billing information), or other data which can be reasonably linked to such information. You will have and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from visitors. You must post a Privacy Policy and that Privacy Policy must provide notice of your use of cookies that are used to collect data. You must disclose the use of Analytics, and how it collects and processes Data.

  1. PROVISIONS SPECIFIC TO FREE WEBSITES + MARKETING SERVICES
    1. W+M FREE TRIAL. The W+M Free Trial (“Free Trial”) is an opportunity for you to use the Service free of charge for any specified term, beginning on the date that you accept the Free Trial offer.  The Free Trial will expire at the end of the specified trial period, regardless of whether or not you use the Service during the Free Trial period.

      We may withdraw or modify the Free Trial, or exchange the W+M Service or offer for a similar service or offer, at any time, at our sole discretion. You will be charged then-current rates for the Product if we determine that you are not eligible for the Free Trial.

      Upon expiration of the Free Trial, you will not be charged and the W+M Service will not renew. However, if you were asked to add, confirm or volunteered to include a future payment method during or at the end of your Free Trial, the W+M Service will automatically renew at its then-current renewal price with no further action from you, until cancelled. You may cancel the Free Trial or the automatic renewal of the W+M Service at any time prior to the end of the Free Trial by visiting your account and turning off the auto-renewal feature, or by contacting customer service. If you choose to cancel Free Trial, any content or data you have entered into the service will only be retained for 60 days from the date of cancellation for customers with billing addresses in non-GDPR countries or 30 days from the date of cancellation for customers with billing addresses in GDPR countries.

      Where a Free Trial is renewed, whether as a paid monthly plan or annual plan, you may request a full refund in accordance with our Refund Policy.

      Residents of certain countries may not be eligible to participate in a Free Trial offer.

    2. W+M Free Website. The W+M Free Website (“Free Website”) is an opportunity for you to use the W+M Service with a limited set of features without cost, beginning on the date that you accept the Free Website offer. The Free Website will not expire and will renew on a monthly basis without charging you.

      We may withdraw or modify the Free Website, or exchange the W+M Service or offer for a similar service or offer, at any time, in our sole discretion. You will be charged then-current rates for the Product if we determine that you are not eligible for the Free Website.

      Not all features available in the W+M Service are included in the Free Website. Should you choose to add additional W+M features or services to your Free Website, it will convert to a paid plan that will automatically renew at the then-current renewal price with no further action from you, until cancelled. You may cancel the automatic renewal of the Free Website or the converted paid plan at any time by visiting your account and turning off the auto-renewal feature, or by contacting customer service. If you choose to cancel Free Website, any content or data you have entered into the service will only be retained for 60 days from the date of cancellation for customers with billing addresses in non-GDPR countries or 30 days from the date of cancellation for customers with billing addresses in GDPR countries.

      Where a Free Website is renewed, whether as a paid monthly plan or annual plan, you may request a full refund in accordance with our Refund Policy.

      Residents of certain countries may not be eligible to participate in a Free Website offer.

  1. THIRD-PARTY IMAGES AND SOFTWARE
    1. Definitions and Scope.  As part of eBiziner Websites + Marketing, eBiziner Social or other related services, you may be allowed to use certain (i) photographs, illustrations, or other images (“Images”) and/or (ii) software, widgets, or other applications (“Software”) developed, owned, or licensed by a third-party. Your use of these Images and Software may be subject to additional terms.

      If the Images and Software are accompanied by or require a license agreement from the third-party provider, your use of the Images and Software is subject to that license agreement, in addition to (not in lieu of) this Services Agreement.

    2. Terms and Conditions Applicable to all Images/Software. You may use the Images and Software solely as part of Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images and Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images and Software.

      eBiziner may provide your personal information to third-party providers as required to provide the third-party Images and Software, including, but not limited to, the domain name associated with the Websites + Marketing page. eBiziner reserves the right to modify, change, or discontinue provision of the Images and Software at any time.

      eBiziner makes no representations or warranties about any third-party Images and Software offered in connection with Services, and expressly disclaims any liability.

      You will indemnify, defend, and hold harmless eBiziner from and against any and all claims imposed upon or incurred by eBiziner directly or indirectly arising from your use or misuse of the third-party Images and Software. The providers of the third-party Images and Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.

    3. Additional Terms and Conditions Applicable to Images and Software. The third-party providers listed in this section make no representations or warranties about any Images or Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Images or Software.

      You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not eBiziner.

      Your use of the following Images and Software are subject to the applicable linked terms, which are incorporated by reference:

      1. Google My Business.  Your use of Google My Business is subject to the following: (i) Google Terms of Service located here; (ii) Google My Business Additional Terms located here; and (iii) Google Guidelines for Representing Your Business on Google located here.
      2. PayPal. Your use of PayPal services is subject to the terms of service located here.
      3. Square. Your use of Square services is subject to the terms of service located here.
      4. GoFundMe. Your use of GoFundMe services and participation in the COVID-19 related campaigns are subject to the terms of service located here. eBiziner has no responsibility for providing any matching funds offered through any such campaign or ensuring that those funds are provided.
      5. Mapbox.  Mapbox is subject to the terms of service located here.
      6. Additional Terms and Conditions Applicable to Cronofy.  Cronofy is subject to the terms of service located here.
      7. OpenTable in the U.S., Japan, Germany, Mexico, Ireland, Netherlands, UK, Australia, Canada, Hong Kong, Singapore. Your use of OpenTable is subject to the terms of service located here.
      8. ChowNow in U.S. and Canada. Your use of ChowNow is subject to the terms of service located here.
      9. IDX Broker in U.S., Canada and Mexico. Your use of IDX Services is subject to the terms of service located here.
Hosting Agreement

Last Revised: 2021-01-20

  1. Overview

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Hosting Service Agreement this (“Service Agreement”) governs your use of eBiziner’s Hosting services “Hosting Services”). Capitalized terms used in this Service Agreement, but not defined are defined in the Agreement.

  1. DESCRIPTION OF SERVICES
    • Web Hosting: Web Hosting plans place your site within one or more servers. Resources are shared between many customers on the same servers; however, your site is given a unique address (DNS)
    • Business Hosting: Managed Hosting plans, you get all of the benefits of having your own VPS or Dedicated Server, but we will manage the server for you including setting up your control panel, patching cycles and back-ups
    • Managed WordPress Hosting: Managed WordPress Hosting plans give you a streamlined and optimized experience to build and manage WordPress sites. We handle the basic hosting administrative tasks, including: installing WordPress, automated daily backups, WordPress core updates and server-level caching
    • Virtual Private Server (“VPS”): VPS plans place your site within a server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address
    • Dedicated Server: Dedicated Server plans reserve an entire server exclusively for your account and usage. You will have exclusive rights to your server’s bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and the usage patterns of other customers
    • Managed Support: Managed Support plans are monthly subscription plans that provide you with root/administrative access to the service and Plesk or cPanel. We handle core patching, security, monitoring and backups. Additional configurations and installations can be performed for an additional fee
    • Fully Managed Support: Fully Managed Support plans are monthly subscription plans that provide you with the option to enable root/administrative access and we will handle core patching, security, monitoring, and backups. Additional Expert Services are included with the subscription
    • Hosting Premium Support/Expert Services: Hosting Premium Support/ Expert Services (“Expert Services”) are additional custom support services available for a set fee. These Expert Services can provide assistance if you need an experiences server administrator for complicated tasks, including: optimizing databases, configuring firewalls, or moving content
    • Hosting Backup: Hosting backup and restore services saves all your website files to the cloud once per day. These backup and restore services are available with website hosting plans and may be available for an additional fee with our other hosting service plans
  2. ACCOUNT TERMINATION; LIMITATIONS
  1. Migration of Servers:You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
    1. Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.
    2. Free Products Credits: Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be cancelled or revoked.
    3. Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for eBiziner hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that eBiziner does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
    4. Storage Capacity: The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s).
  1. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
    1. Justification. You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
    2. Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, eBiziner, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that eBiziner reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in eBiziner’s discretion for security purposes.
    3. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

      Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
    4. Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.

      If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.

      If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
  2. PROVISIONS SPECIFIC TO WEB, BUSINESS AND MANAGED WORDPRESS HOSTING
    1. Storage and Plan Limits. All Web Hosting and WordPress Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts or 500,000 files and folders per account for Windows® hosting accounts. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All Linux hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

      WordPress Hosting may only be used to host a WordPress website. Only a single WordPress installation is allowed per website. Any WordPress hosting account found to be hosting a non-WordPress website may be issued a network violation warning and will be required to remove the non-WordPress website, or may be temporarily or permanently suspended, in our sole discretion. Additionally, you may be required to purchase an appropriate hosting plan in order to host the non-WordPress site should you wish to continue hosting the non-WordPress site on our network.

      Free Trial hosting credits are subject the following limitations: no more than a) 25% of one CPU core; b) 256MB of RAM; c) 10 website connections; d) 100 active processes; e) .5 MB/s disk IO; f) 50,000 inodes; g) 1 GB diskspace; h) 10 GB monthly bandwidth. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added by upgrading to a paid plan.

      You acknowledge and agree that inbound UDP is not supported in shared hosting environments.
    2. Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
    3. Unlimited Disk Space/Bandwidth/Website Plans. Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
    4. Website Accelerator Service. Our Website Accelerator service (“Website Accelerator”) provides a content delivery network (CDN) designed to optimize your website performance through caching and secure distribution of static website content on a network of nationally dispersed servers. You acknowledge and agree that your website content will be stored throughout the United States. You acknowledge and agree that Website Accelerator may be discontinued or suspended at any time, and your participation is subject to eligibility, as detailed below.

      In order to be eligible for Website Accelerator, you acknowledge and agree that you meet and will keep in compliance with the following criteria: (1) your website must be hosted in Phoenix, AZ; (2) your domain name and hosting must be in the same account; (3) you must have DNS with us; (4) you must not use DNSSEC; (5) you may not have or add SSL certificates; if you add an SSL with CDN activated, the SSL certificate will not function; (6) you must have an Ultimate web hosting plan; and (7) you may not change operating systems.
    5. WHMCS License. In the event you add WHMCS license to your Business Hosting plan, you agree to be bound by both the WHMCS Terms of Service and End User License Agreement, which are both hereby incorporated by reference.

      Your hosting plan may provide you with access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, publishing, and security tools. You acknowledge and agree that your use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.
  3. PROVISIONS SPECIFIC TO VPS AND DEDICATED HOSTING
    1. Server Access. If you purchase MS SQL or Managed Backups, you hereby authorize us to log into your server for purposes of installing and configuring the MS SQL or Managed Backups.
    2. IP Addresses. You acknowledge and agree you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses within thirty (30) days of assignment, you acknowledge and agree that we shall have the right to reclaim any unused IP addresses.
    3. FTP Back-Up. We offer an FTP Backup option for an extra fee. You acknowledge and agree that purchasing FTP Backup may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, you shall be subject to a maximum disk space and bandwidth usage according to the plan you purchase. Subject to the terms and conditions of this Service Agreement, we shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Service Agreement. You acknowledge and agree that from time-to-time the FTP Backup services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. FTP Back-up may not be available on all hosting plans.
    4. Configuration Add-Ons. We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee. The specific Configuration Add-Ons available depend on which hosting package you purchase, but may include a control panel, database, external firewall or RAID. You acknowledge and agree that installing a Configuration Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third Party Software (defined below), third party hardware or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server. Third Party Software, third party hardware and internally developed customer software will be supported by us. If you wish to cancel RAID, you will be required to cancel your server and purchase a new one.


      • Plesk. In the event you add Plesk to your server, you agree to be bound by the Plesk EULA, which is hereby incorporated by reference.
      • cPanel. In the event you add cPanel to your server, you agree to be bound by the cPanel EULA, which is hereby incorporated by reference.
      • cPanel Fair Usage Policy: This policy is a guide to understand the intended uses of our Services, and to prevent exploitation and abuse of the unlimited features offered in our plans. VPS and dedicated hosting with cPanel offers unlimited number of accounts. Although we do not wish to set a specific limit, as a guideline, a threshold of 100 accounts will be considered normal, reasonable use. We evaluate your usage in comparison to typical levels of usage engaged in by other users. In the event that you exceed this threshold, eBiziner may in its sole and absolute discretion, assess additional usage charges for accounts in excess of the threshold or restrict additional accounts from being created. Where possible, eBiziner will provide a notice of your usage in excess of the normal use.
  4. PROVISIONS SPECIFIC TO MANAGED SSL

If you purchased Managed SSL and are using an SSL certificate on a website hosted by us, we will generate and securely store a corresponding private key. For security reasons, at no time will we release your private key, even per your request. If you wish to export your SSL certificate for use on a non- eBiziner server, request a re-key of the SSL certificate – your current SSL certificate will become invalid and we will issue a new certificate for use on your non- eBiziner server.

We will automatically validate, issue and install the new certificate every two years for subscribing customers using our hosting products. Customers using 3rd party hosting products will be required to reinstall the new certificate after we automatically validate and issues a new certificate. We will alert customers when to take action via the product dashboard and email.

You are permitted to assign a representative the authority to (1) sign and submit, or approve a certificate request on your behalf, (2) sign and submit a Subscriber Agreement on your behalf and/or (iii) to acknowledge the Terms of Use on your behalf, provided you acknowledge and agree that you are and will remain subject to and bound by all terms and conditions of this Agreement.

  1. PROVISIONS SPECIFIC TO SUPPORT PLANS
    1. WordPress (“WP”) Premium Support. If you elect to use our WP Premium Support Services (either as a subscription or as a one-time Service), we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. All services, both subscription and one time, will be listed as a “Best Effort Service.” Even after taking all reasonable steps, we may not be able to resolve certain issues. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any use of WP Premium Support Services. We may install a plugin on your hosted WordPress site for the purpose of facilitating your WP Premium Support Services. Its purpose is to facilitate the requested change and maintenance of your WordPress files. The plugin allows us to access, automate updates to core files, other plugins, themes, and other files related to the maintenance of your site. You acknowledge and agree that you shall not use WP Premium Support Services in a manner that, as determined by us in our sole and absolute discretion:
      • displays or advertises pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services); or
      • uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.

Further, you are responsible for ensuring that any product posted for sale on your website is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and cancel your Services.

  1. Managed and Fully Managed Hosting Support Plans. If you purchase a Managed or Fully Managed Hosting Support Plan (“Managed Hosting Plan”) with VPS, we may install a limited number of applications (“Supported Applications”) on your server at your request. A full list of Supported Applications is available from our support team upon request. If you request the installation of a Supported Application, we will install and configure the Supported Application on our server as long as the server has available resources (e.g., storage, RAM, processing power) to support that particular application.

    We will then provide the primary (administrator) username and password to you, at which point you will take over the managed and additional configuration of that particular application. We will not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of the Supported Application should it stop working.

    We shall limit technical support of an inoperable Supported Application to restoring said Supported Application to its original state (fresh installation, with no data or customization). The backups offered with these support plans are snapshots taken on a 10-day cycle. Restores are available upon request and may require an additional fee.
    1. Hosting Premium Support/Expert Services. If we determine that any support request falls outside the scope of your plan, you can request custom support services (“Expert Services”) for a fee, or on a per service basis, which we will quote to you before providing the custom support service. If you elect to use our Expert Services, we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. Expert Services fees are non-refundable. You must, within fourteen days of any Expert Services, notify us if there are any issues with the Expert Services. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services.
    2. Hosting Migrations. If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.

      You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.

      You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.

      We may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into our own Managed WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed.
  1. SERVICE UPTIME GUARANTEE

We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

  1. THIRD PARTY SOFTWARE
    1. Definition and Scope. As part of the Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third-party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Service Agreement.
    2. Terms and Conditions Applicable to all Software and Operating Software. You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.

      eBiziner may provide your personal information to third-party providers as required to provide the third-party Software. eBiziner reserves the right to modify, change, or discontinue provision of the Software at any time.

      eBiziner makes no representations or warranties about any third-party Software offered in connection with the Hosting Services, and expressly disclaims any liability.

      You will indemnify, defend, and hold harmless eBiziner from and against any and all claims imposed upon or incurred by eBiziner directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.

      The Hosting Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.

      We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
    3. Additional Terms and Conditions Applicable to images and Software. The third-party providers listed in this section make no representations or warranties about any Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Software.

      You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not eBiziner.

      Regarding this Section 9.3, “Personal Data” means any information relating to an identified or identifiable natural person or, to the extent applicable under Applicable Laws, a household; an identifiable person is one who can be defined, directly or indirectly, notably but not limited to by reference to a user identification or unique identifier, such as name, identification number, precise geo-location data, online user identification, or by reference to one or more factors specific to physical, physiological, genetic, economic, cultural, or social identity. “Personal Data” does not include aggregated, anonymous, or de-identified data, such as Usage Data. “Usage Data” as used herein means any and all information reflecting the access or use of the Hosting Services by or on your behalf, including, but not limited to visit-, session-, steam-data and statistical or other analysis, information or data based on or derived from any of the foregoing. You acknowledge and agree that you have no rights to Usage Data. , as such terms are defined by Applicable Laws.

      Any use of any Hosting Services involving eBiziner’s Dedicated Servers running on the DED4 Platform that involves You storing specially protected data is subject to the following additional terms:
      • You will not submit through the Hosting Services any unencrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) (“PHI”);
      • You will not submit through the Hosting Services any encrypted PHI unless the Parties have entered into a mutually acceptable Business Associate Agreement (“BAA”) in accordance with HIPAA;
      • You will not submit through the Hosting Services any unencrypted Personal Data subject to regulatory protection under Applicable Laws of the United States federal, state, or local governmental authorities; and
      • You will not submit through the Hosting Services any encrypted Personal Data without providing prior notice and obtaining prior consent from the data subject, as required by Applicable Law.

 

Online Stores Agreement

Last Revised: 2021-01-20

This Online Store/Quick Shopping Cart Agreement (“Agreement”) is by and between eBiziner Inc. (“eBiziner, eBiziner.com” and you, your heirs, assigns, agents and contractors (“You”) and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of eBiziner’s Online Store/Quick Shopping Cart Service (the “Service”) and represents the entire Agreement between You and eBiziner. By using the Service, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which eBiziner may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with eBiziner, whether or not the transactions were in Your behalf. You acknowledge that eBiziner’s acceptance of any application made by You for services provided by eBiziner will take place at the Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar’s offices located in Scottsdale, Arizona, USA.

  1. FEES

As consideration for the Service purchased by You and provided to You by eBiziner, You agree to pay eBiziner a monthly or annual fee, depending on which payment plan You signed up for when You purchased the Service. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You establish Your Online Store/Quick Shopping Cart account with eBiziner 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 payment plan, and You elected the automatic renewal option, eBiziner will automatically renew Your service when it comes up for renewal and will take payment from the Payment Method You have on file with eBiziner, at eBiziner’s then current rates. Payment is to be made by You providing either a valid credit card, an online check, or using “Good as Gold” to establish a cash reserve for charge by eBiziner (collectively, the “Payment Method”). Personal checks and money orders may only be used only to fund “Good As Gold” (GAG) accounts, must be for payments of C$127.33 or more, and issued in U.S. dollars for the full amount required at that time. All money orders will be delayed ten (10) days until the money is credited, which may delay Your usage of the product or service, and any money order that does not clear will result in a C$31.84 processing fee. Personal checks under C$1,273.24 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 product or service, and any check that bounces will result in a C$31.84 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are non-refundable. If for any reason eBiziner is unable to charge Your Payment Method with the full amount of the Service provided, or if eBiziner is charged a penalty for any fee it previously charged to Your Payment Method, You agree that eBiziner may pursue all available remedies in order to obtain payment. In the event that You exceed the scope of the Service as set forth in Your Agreement, You shall pay eBiziner for such additional service not within the scope of Your Agreement as specified. eBiziner reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, 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 Management page.

  1. TERM, TERMINATION, MODIFICATIONS

Term

The term of this Agreement shall commence on the date You purchase the Service, and will continue in full force and effect as long as eBiziner is providing the Service to You.

Termination

You agree that You will be responsible for notifying eBiziner should You desire to terminate Your use of the Service. Notification of Your intent to terminate must be provided to eBiziner no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. In the absence of notification from You, eBiziner will automatically continue providing access to the Service indefinitely and will charge the Payment Method You have on file with eBiziner, at eBiziner’s then current rates. It is Your responsibility to keep Your Payment Method information current, including the expiration date of any credit cards You have on file. eBiziner reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of the Service.

Modifications

You agree that eBiziner may modify this Agreement from time to time. eBiziner may also discontinue the Service. You agree to be bound by any changes eBiziner may reasonably make to this Agreement when such changes become effective.

  1. THE SERVICE

With Online Store/Quick Shopping Cart, eBiziner will provide You with the ability to create, manage and maintain an online storefront provided, however, that You abide by the terms and conditions set forth herein and in each of eBiziner’s policies and procedures.

Online Store/Quick Shopping Cart allows You to:

  1. add, access, manage and maintain a catalog of products and/or services and present said catalog on the Internet through a compiled storefront rendered as a domain (web site) or sub-domain;
  2. engage in the selling of physical and downloadable goods over the Internet;
  3. arrange for the collection of payment related to applicable tax and shipping fees;
  4. collect credit card and personal information for the purpose of conducting transactions;
  5. perform order management and processing activities; and
  6. generate business reports related to storefront business activity

Storefront Content

You shall be solely responsible for providing, updating, uploading and maintaining Your storefront and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your storefront, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Service.

Shared SSL Certificates

Any SSL certificate You purchase from eBiziner or its affiliates to use in conjunction with a shared hosting plan provided by eBiziner, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by eBiziner, eBiziner will generate and securely store a corresponding private key. For security reasons, at no time will eBiziner release Your private key, even if You request it. I f You wish to export Your SSL certificate for use on a non eBiziner hosting server, You will need to make a request to eBiziner no earlier than thirty (30) days after Your initial SSL subscription began. After Your hosting account with eBiziner has been cancelled, You will have thirty (30) days to follow the eBiziner Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

Availability of Services

Subject to the terms and conditions of this Agreement, eBiziner shall attempt to provide the Service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which eBiziner may undertake from time to time; or (iii) causes beyond the control of eBiziner or which are not reasonably foreseeable by eBiziner, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that eBiziner has no control over the availability of the Service on a continuous or uninterrupted basis.

Unlimited Product Catalog

You agree the performance of Your storefront may begin to slow at varying number of products depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree eBiziner has no control over potential physical and practical constraints You may experience at an uncertain number of products in a category.

  1. YOUR OBLIGATIONS

By using the Service, You agree You are age 18 or over. The Service is available only to persons who can make legally binding contracts under applicable law.

You agree You have provided accurate, current and complete information in the application process and that You will notify eBiziner within five (5) business days when any 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 eBiziner to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if eBiziner has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, eBiziner has the absolute right, in its sole discretion, to terminate the Service and close Your account.

Intellectual Property

Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the Service and all rights are reserved by eBiziner or its licensor. You agree that Quick Shopping Cart, the names and logos of eBiziner and all related product and service names, design marks and slogans, are the property of eBiziner and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of eBiziner. You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by eBiziner. You affirmatively acknowledge eBiziner is relying on Your representation concerning Your proper use of all content on any web site You create or control. Moving Your web site from one hosting server or provider to another is Your responsibility. eBiziner will not transfer or FTP Your Web site to another hosting provider.

Privacy

You agree to be bound by eBiziner’s Privacy Policy in its dealings with customers and others. Failure to comply with such Privacy Policy will be deemed a material breach of this Agreement.

Product and Service Agreements

You agree to enter into any Third Party User Agreements necessary before You may use any of the Payment, Shipping, Tax Calculations or other options associated with the Service. You further agree to enter into any eBiziner and affiliate User Agreements required for the customization and operation of the Service, including, but not limited to, agreements for domain registration, hosting, and products. Such Agreements may be found here

End Customer Payment and Taxes

You understand You are responsible for collecting, and managing all end customer payments. Similarly, You are responsible for the payment of all applicable state, federal or international taxes on products You sell using the Service. It is Your responsibility to read and agree to all End User License Agreements required for use of Your selected Payment Methods and Tax options. eBiziner is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of Your items to purchasers internationally.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on eBiziner’s servers; and (iv) ensure the confidentiality of Your password. eBiziner’s servers and hosting services are not an archive and eBiziner shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify eBiziner, whereupon eBiziner shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. eBiziner will not be liable for any loss You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by eBiziner or another party due to someone else using Your account or password. If eBiziner terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. eBiziner has no obligation to monitor Your use of the Service, but reserves the right in its sole discretion to do so.

Server Resources

If You are hosting Your web site on eBiziner’s servers, You are responsible for ensuring there is no excessive overloading on eBiziner’s DNS or servers. You may not use eBiziner’s servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and eBiziner reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. eBiziner prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by eBiziner. You agree eBiziner reserves the right to remove Your web site temporarily or permanently from its hosting servers if eBiziner is the recipient of activities that threaten the stability of its network.

Sample Terms and Conditions

Sample Terms and Conditions are provided for reference purposes only. eBiziner is not responsible for Your use of the sample terms and conditions — You use them at Your own risk. The default terms and conditions provided through the Terms and Conditions page can be used with the following disclaimer: The descriptions and suggestions are not legal, tax or financial advice. Online Store/Quick Shopping Cart does not guarantee to the legality of any phrasing or provisions offered or derived from these descriptions and suggestions. You should consult with an attorney to ensure Your terms and conditions are sufficient to meet Your needs, appropriate for Your jurisdiction and are legally binding on Your customers.

  1. FACEBOOK

Facebook Page Designer

Quick Shopping Cart includes access to a Facebook page designer (the “Facebook Page Designer”). The Facebook Page Designer allows You to create a customized Facebook page. In order to use the Facebook Page Designer, You will need to (i) set up a Facebook account (if You do not have one already) and (ii) activate a public page from within Your Facebook account. After You finish designing Your Facebook page, You will need to link the Facebook page to Your Facebook account in order for the Facebook page to be navigable. Please note that Your Facebook page will be accessible via the same control panel as Your cart. Accordingly, Your cart must be active before Your Facebook page can be published

General Rules of Conduct; Facebook Restrictions

In addition to Section 4 (General Rules of Conduct) contained in the Universal Terms of Service Agreement, You specifically acknowledge and agree that:

  1. If You access the Facebook Page Designer, You shall not use it to launch a Facebook page that promotes, provides content referencing, facilitates, contains, or uses any of the following:
  2. Alcohol-related content, or sale of tobacco products, ammunition and/or firearms;
  1. Content that infringes upon the rights of any third party, including intellectual property rights, privacy, publicity, moral or other personal or proprietary rights, or that is deceptive or fraudulent;
  2. Gambling, including without limitation, any online casino, sports books, bingo or poker;
  3. Illegal activity and/or illegal contests, pyramid schemes, sweepstakes or chain letters (if You run, reference, or facilitate a legally permissible sweepstakes, contest, or other promotion You are subject to Facebook’s Promotions Guidelines located here: https://www.facebook.com/policies/pagesgroupsevents/#); or
  1. Content that is hateful, threatening, defamatory, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  2. If You access the Facebook Page Designer, You must ensure that You own or have secured all rights necessary to copy, display, distribute, deliver, render and publicly perform all content of or within Your application to Facebook users in all countries where You make the content available.

 

Data Processing Addendum

Last Revised: 2021-01-20

This Data Processing Addendum (the “Addendum”) is executed by and between eBiziner Inc. and its Affiliates (“eBiziner, eBiziner.com”) and you (Customer) and is annexed to and supplements our Universal Terms of ServicePrivacy Policy and any and all agreements governing Covered Services (collectively, the “Terms of Service”).  Unless otherwise defined this Addendum, all capitalized terms not defined in this Addendum will have the meanings given to them in the Terms of Service.

  1. Definitions

Affiliates” means any entity which is controlled by, controls or is in common control with eBiziner.

CCPA” means the California Consumer Privacy Act, Cal. Civ. Code 1798.100 et seq., including any amendments and any implementing regulations thereto that become effective on or after the effective date of this Data Processing Addendum.

Covered Services” any hosted services we offer you that could involve our Processing of Personal Data.

“Customer Data” means the Personal Data of any Data Subject Processed by eBiziner within the eBiziner Network on behalf of Customer pursuant to or in connection with the Terms of Service.

Data Controller” means the Customer, as the entity which determines the purposes and means of the Processing of Personal Data.

Data Processor” means eBiziner, as the entity which Processes Personal Data on behalf of the Data Controller, or the services provider as such term is defined by CCPA

Data Protection Laws” means all data protection or privacy laws and regulations applicable to the Processing of Personal Data under the Agreement, including the CCPA, (ii) the GDPR, (iii) the EU e-Privacy Directive (Directive 2002/58/EC), (iv) any national data protection laws made under or pursuant to (ii) or (iii), (v) the Swiss Federal Data Protection Act of 19 June 1992 and its Ordinance, and (vi), in respect of the United Kingdom, the Data Protection Act 2018 and any applicable national legislation that replaces or converts in domestic law the GDPR or any other law relating to data and privacy as a consequence of the United Kingdom leaving the European Union; in each case as may be amended, superseded or replaced.

Data Subject” means the individual to whom Personal Data relates.

EEA” means the European Economic Area.

GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

eBiziner Network” means eBiziner’s data center facilities, servers, networking equipment, and host software systems (e.g., virtual firewalls) that are within eBiziner’s control and are used to provide the Covered Services.

Personal Data” means any information relating to an identified or identifiable person or household as defined under Data Protection Laws.

Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Process”, “processes” and “processed” will be interpreted accordingly. Detail of Processing are set forth in Annex 1.

Security Incident” either (a) a breach of security of the eBiziner Security Standards leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any Customer Data; or (b) any unauthorized access to eBiziner equipment or facilities, where in either case such access results in destruction, loss, unauthorized disclosure, or alteration of Customer Data.

Security Standards” means the security standards attached to this Addendum as Annex 2.

Standard Contractual Clauses” or “SCCs” means Annex 3, attached to and forming part of this Addendum pursuant to the European Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under the Directive. 

Sub-processor” means any Data Processor engaged by Processor to Process data on behalf of Data Controller.                                                               

  1. Data Processing

2.1 Scope and Roles. This Addendum applies when Customer Data is processed by eBiziner.  In this context, eBiziner will act as the Data Processor on behalf of the Customer as the Data Controller with respect to Customer Data.

2.2 Details of Data Processing. The subject matter of processing of Customer Data by eBiziner is the performance of the Covered Services pursuant to the Terms of Service and product-specific agreements. eBiziner shall only Process Customer Data on behalf of and in accordance with Customer’s documented instructions for the following purposes: (i) Processing in accordance with the Terms of Service or applicable product-specific agreement; (ii) Processing initiated by end users in their use of the Covered Services; (iii) Processing to comply with other documented, reasonable instructions provided by Customers (ex. via email) where such instructions are consistent with the terms of the Agreement. eBiziner shall not: (a) process, retain, use, sell, or disclose Customer Data except as necessary to provide Covered Services pursuant to the Terms of Service, or as required by law; (b) sell such Customer Data to any third party; (c) retain, use, or disclose such Customer Data outside of the direct business relationship between eBiziner and Customer.

For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with all applicable data privacy laws. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data. eBiziner shall not be required to comply with or observe Customer’s instructions if such instructions would violate Data Protection Laws. The duration of the Processing, the nature and purpose of the Processing, the types of personal data and categories of Data Subjects Processed under this Addendum are further specified in Annex 1 (‘Details of the Processing’) to this Addendum.

  1. Confidentiality of Customer Data

eBiziner will not disclose Customer Data to any government or any other third party, except as necessary to comply with the law or a valid and binding order of a law enforcement agency (such as a subpoena or court order). In the event eBiziner receives a valid civil subpoena, and to the extent permitted, eBiziner will endeavor to provide Customer with reasonable notice of the demand via email or postal mail to allow Customer to seek a protective order or other appropriate remedy.

  1. Security

4.1 eBiziner has implemented and will maintain the technical and organizational measures for the eBiziner Network as described herein this Section and as further described in Annex 2 to this Addendum, Security Standards. In particular, eBiziner has implemented and will maintain the following technical and organizational measures that address the (i) security of the eBiziner Network; (ii) physical security of the facilities; (iii) controls around employee and contractor access to (i) and/or (ii); and (iv) processes for testing, assessing and evaluating the effectiveness of technical and organizational measures implemented by eBiziner. In the event that we are not able to meet any of its obligations set forth herein, we will provide written notice (via our website and email) as soon as practically feasible.

4.2 eBiziner makes available a number of security features and functionalities that Customer may elect to use in relation to the Covered Services. Customer is responsible for (a) properly configuring the Covered Services, (b) using the controls available in connection with the Covered Services (including the security controls) to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, (c) using the controls available in connection with the Covered Services (including the security controls) to allow the Customer to restore the availability and access to Customer Data in a timely manner in the event of a physical or technical incident (e.g. backups and routine archiving of Customer Data), and (d) taking such steps as Customer considers adequate to maintain appropriate security, protection, and deletion of Customer Data, which includes use of encryption technology to protect Customer Data from unauthorized access and measures to control access rights to Customer Data.

  1. Data Subject Rights

Taking into account the nature of the Covered Services, eBiziner offers Customer certain controls as described in the “Security” section of this Addendum that Customer may elect to use to retrieve, correct, delete or restrict use and sharing of Customer Data as described in the Covered Services. Customer may use these controls as technical and organizational measures to assist it in connection with its obligations under applicable privacy laws, including its obligations relating to responding to requests from Data Subjects. As commercially reasonable, and to the extent lawfully required or permitted, eBiziner shall promptly notify Customer if eBiziner directly receives a request from a Data Subject to exercise such rights under any applicable data privacy laws (“Data Subject Request”). In addition, where Customer’s use of the Covered Services limits its ability to address a Data Subject Request, eBiziner may, where legally permitted and appropriate and upon Customer’s specific request, provide commercially reasonable assistance in addressing the request, at Customer’s cost (if any).

  1. Sub-Processing

6.1 Authorized Sub-processors. Customer agrees that eBiziner may use Sub-processors to fulfil its contractual obligations under its Terms of Service and this Addendum or to provide certain services on its behalf, such as providing support services. Customer hereby consents to eBiziner’s use of Sub-processors as described in this Section. Except as set forth in this Section or as otherwise explicitly authorized by you, eBiziner will not permit any other sub-processing activities.

6.2 Sub-processor Obligations. Where eBiziner uses any authorized Sub-processor as described in Section 6.1:

(i) eBiziner will restrict the Sub-processor’s access to Customer Data only to what is necessary to maintain the Covered Services or to provide the Covered Services to Customer and any end users in accordance with the Covered Services. eBiziner will prohibit the Sub-processor from accessing Customer Data for any other purpose;

(ii) eBiziner will enter into a written agreement with the Sub-processor and, to the extent that the Sub-processor is performing the same data processing services that are being provided by eBiziner under this Addendum, eBiziner will impose on the Sub-processor the same contractual obligations that eBiziner has under this Addendum; and

(iii) eBiziner will remain responsible for its compliance with the obligations of this Addendum and for any acts or omissions of the Sub-processor that cause eBiziner to breach any of eBiziner’s obligations under this Addendum.

6.3 New Sub-processors.  From time to time, we may engage new Sub-processors under and subject to the terms of this Addendum.  In such case, we will provide 60 days advance notice (via our website and email) prior to any new Sub-processor obtaining any Customer Data. If you Customer does not approve of a new Sub-processor, then Customer may terminate any Covered Services without penalty by providing, within 10 days or receipt of notice from us, written notice of termination that includes an explanation of the reasons for your non-approval. If the Covered Services are part of a bundle or bundled purchase, then any termination will apply to its entirety.

  1. Security Breach Notification

7.1 Security Incident. If eBiziner becomes aware of a Security Incident, eBiziner will without undue delay: (a) notify Customer of the Security Incident; and (b) take reasonable steps to mitigate the effects and to minimise any damage resulting from the Security Incident.

7.2 eBiziner Assistance.  To assist Customer in relation to any personal data breach notifications Customer is required to make under any applicable privacy laws, eBiziner will include in the notification such information about the Security Incident as eBiziner is reasonably able to disclose to Customer, taking into account the nature of the Covered Services, the information available to eBiziner, and any restrictions on disclosing the information, such as confidentiality.  

7.3 Failed Security Incidents. Customer agrees that:

(i) A failed Security Incident will not be subject to the terms of this Addendum. A failed Security Incident is one that results in no unauthorized access to Customer Data or to any of eBiziner’s Network, equipment, or facilities storing Customer Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond headers) or similar incidents; and

(ii) eBiziner’s obligation to report or respond to a Security Incident under this Section is not and will not be construed as an acknowledgement by eBiziner of any fault or liability of eBiziner with respect to the Security Incident.

7.4 Communication. Notification(s) of Security Incidents, if any, will be delivered to one or more of Customer’s administrators by any means eBiziner selects, including via email. It is Customer’s sole responsibility to ensure Customer’s administrators maintain accurate contact information on the eBiziner management console and secure transmission at all times.

  1. Customer Rights

8.1 Independent Determination. Customer is responsible for reviewing the information made available by eBiziner relating to data security and its Security Standards and making an independent determination as to whether the Covered Services meets Customer’s requirements and legal obligations as well as Customer’s obligations under this Addendum. The information made available is intended to assist Customer in complying with Customer’s obligations under applicable privacy laws, including the GDPR, in respect of data protection impact assessments and prior consultation.

8.2 Customer Audit Rights. Customer has the right to confirm eBiziner’s compliance with this Addendum as applicable to the Covered Services, including specifically eBiziner’s compliance with its Security Standards, by exercising a reasonable right to conduct an audit or inspection, including under the Standard Contractual Clauses if they apply, by making a specific request of eBiziner in writing to the address set forth in its Terms of Service. If eBiziner declines to follow any instruction requested by Customer regarding a properly requested and scoped audit or inspection, Customer is entitled to terminate this Addendum and the Terms of Service. If the Standard Contractual Clauses apply, nothing in this Section varies or modifies the Standard Contractual Clauses nor affects any supervisory authority’s or data subject’s rights under the Standard Contractual Clauses. This Section will also apply insofar as eBiziner carries out the control of Sub-processors on behalf of the Customer.

  1. Transfers of Personal Data

9.1 U.S. Based Processing. Except where specifically noted in the Terms of Service, Customer Data will be transferred outside the EEA and processed in the United States.

9.2 Application of Standard Contractual Clauses. The Standard Contractual Clauses will apply to Customer Data that is transferred outside the EEA, either directly or via onward transfer, to any country not recognized by the European Commission as providing an adequate level of protection for Personal Data. The Standard Contractual Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the EEA. Notwithstanding the foregoing, the Standard Contractual Clauses will not apply where the data is transferred in accordance with a recognized compliance standard for the lawful transfer of Personal Data outside the EEA, such as when necessary for the performance of Covered Services pursuant to the Terms of Service or with your consent.

  1. Termination of the Addendum

This Addendum will continue in force until the termination of our processing in accordance with the Terms of Service (the “Termination Date”).

  1. Return or Deletion of Customer Data

As described in the Covered Services, the Customer may be provided controls that may use to retrieve or delete Customer Data. Any deletion of Customer Data will be governed by the terms of the particular Covered Services.

  1. Limitations of Liability

The liability of each party under this Addendum will be subject to the exclusions and limitations of liability set out in the Terms of Service. Customer agrees that any regulatory penalties incurred by eBiziner in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this Addendum and any applicable privacy laws will count towards and reduce eBiziner’s liability under the Terms of Service as if it were liability to the Customer under the Terms of Service.

  1. Entire Terms of Service; Conflict

This Addendum supersedes and replaces all prior or contemporaneous representations, understandings, agreements, or communications between Customer and eBiziner, whether written or verbal, regarding the subject matter of this Addendum, including any data processing addenda entered into between eBiziner and Customer with regard to the processing of personal data and on the free movement of such data.  Except as amended by this Addendum, the Terms of Service will remain in full force and effect.  If there is a conflict between any other agreement between the parties including the Terms of Service and this Addendum, the terms of this Addendum will control.

** ************************************************

Annex 1

 DETAILS OF THE PROCESSING

  1. Nature and Purpose of Processing. eBiziner will Process Personal Data as necessary to perform the Covered Services pursuant to the Terms of Service, product-specific agreements, and as further instructed by Customer throughout its use of the Covered Services.
  2. Duration of Processing. Subject to Section 10 of this Addendum, eBiziner will Process Personal Data during the effective date of the Terms of Service, but will abide by the terms of this Addendum for the duration of the Processing if in excess of that term, and unless otherwise agreed upon in writing.
  3. Categories of Data Subjects.Customer may upload Personal Data in the course of its use of the Covered Services, the extent to which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of Data Subjects:
  • Prospects, customers, business partners and vendors of Customer (who are natural persons)
  • Employees or contact persons of Customer’s prospects, customers, business partners and vendors
  • Employees, agents, advisors, freelancers of Customer (who are natural persons)
  • Customer’s Users authorized by Customer to use the Covered Services
  1. Type of Personal Data.Customer may upload Personal Data in the course of its use of the Covered Services, the type of and extent to which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data of Data Subjects: 
  • Name
  • Address
  • Telephone number
  • Date of birth
  • Email address
  • Other data collected that could directly or indirectly identify you.

** ************************************************

Annex 2

Security Standards

  1. Technical and Organizational Measures

We are committed to protect our customers’ information.  Taking into account the best practices, the costs of implementation and the nature, scope, circumstances and purposes of processing as well as the different likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons we take the following technical and organizational measures.  When selecting the measures the confidentiality, integrity, availability and resilience of the systems are considered. A quick recovery after a physical or technical incident is guaranteed. 

  1. Data Privacy Program

Our Data Privacy Program is established to maintain a global data governance structure and secure information throughout its lifecycle. This program is driven by the office of the data protection officer, which oversees the implementation of privacy practices and security measures. We regularly test, assess and evaluate the effectiveness of its Data Privacy Program and Security Standards.   

  1. Confidentiality.“Confidentiality means that personal data is protected against unauthorized disclosure.”

We use a variety of physical and logical measures to protect the confidentiality of its customers’ personal data. Those measures include:   

  Physical Security  

  • Physical access control systems in place (Badge access control, Security event monitoring etc.) 
  • Surveillance systems including alarms and, as appropriate, CCTV monitoring  
  • Clean desk policies and controls in place (Locking of unattended computers, locked cabinets etc.)  
  •  Visitor Access Management 
  • Destruction of data on physical media and documents (shredding, degaussing etc.) 

  Access Control & Prevention of Unauthorized Access 

  • User access restrictions applied and role-based access permissions provided/reviewed based on segregation of duties principle  
  • Strong authentication and authorization methods (Multi-factor authentication, certificate based authorization, automatic deactivation/log-off etc. ) 
  • Centralized password management and strong/complex password policies (minimum length, complexity of characters, expiration of passwords etc.)   
  • Controlled access to e-mails and the Internet 
  • Anti-virus management  
  • Intrusion Prevention System management  

Encryption   

  • Encryption of external and internal communication via strong cryptographic protocols  
  • Encrypting PII/SPII data at rest (databases, shared directories etc.)   
  • Full disk encryption for company PCs and laptops   
  • Encryption of storage media  
  • Remote connections to the company networks are encrypted via VPN  
  • Securing the lifecycle of encryption keys  

 Data Minimization    

  • PII/SPI minimization in application, debugging and security logs  
  • Pseudonymization of personal data to prevent directly identification of an individual 
  • Segregation of data stored by function (test, staging, live) 
  • Logical segregation of data by role based access rights 
  • Defined data retention periods for personal data   

Security Testing     

  • Penetration Testing for critical company networks and platforms hosting personal data 
  • Regular network and vulnerability scans   
  1. Integrity.“Integrity refers to ensuring the correctness (intactness) of data and the correct functioning of systems. When the term integrity is used in connection with the term “data”, it expresses that the data is complete and unchanged.”

Appropriate change and log management controls are in place, in addition to access controls to be able to maintain the integrity of personal data such as:    

Change & Release Management    

  • Change and release management process including (impact analysis, approvals, testing, security reviews, staging, monitoring etc.)  
  • Role & Function based (Segregation of Duties) access provisioning on production environments    

Logging & Monitoring

  • Logging of access and changes on data  
  • Centralized audit & security logs   
  • Monitoring of the completeness and correctness of the transfer of data (end-to-end check)    
  1. Availability.“The availability of services and IT systems, IT applications, and IT network functions or of information is guaranteed, if the users are able to use them at all times as intended.”   

We implement appropriate continuity and security measures to maintain the availability of its services and the data residing within those services:    

  • Regular fail-over tests applied for critical services  
  • Extensive performance/availability monitoring and reporting for critical systems  
  • Incident response programme  
  • Critical data either replicated or backed up (Cloud Backups/Hard Disks/Database replication etc.) 
  • Planned software, infrastructure and security maintenance in place (Software updates, security patches etc.)   
  • Redundant and resilient systems (server clusters, mirrored DBs, high availability setups etc.) located on off-site and/or geographically separated locations    
  • Use of uninterruptible power supplies, fail redundant hardware and network systems  
  • Alarm, security systems in place  
  • Physical Protection measures in place for critical sites (surge protection, raised floors, cooling systems, fire and/or smoke detectors, fire suppression systems etc.) 
  • DDOS protection to maintain availability   
  • Load & Stress Testing  
  1. 4Data Processing Instructions.“Data Processing Instructions refers to ensuring that personal data will only be processed in accordance with the instructions of the data controller and the related company measures”

We have established internal privacy policies, agreements and conduct regular privacy trainings for employees to ensure personal data is processed in accordance with customers’ preferences and instructions.   

  • Privacy and confidentiality terms in place within employee contracts 
  • Regular data privacy and security trainings for employees 
  • Appropriate contractual provisions to the agreements with sub-contractors to maintain instructional control rights 
  • Regular privacy checks for external service providers 
  • Providing customers full control over their data processing preferences 
  • Regular security audits 

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Annex 3

See Section 9.2 of the Addendum for applicability of these SCCs

Standard Contractual Clauses (processors)

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection

The entity identified as “Customer” in the Addendum
(the “data exporter”)

and

eBiziner Inc.

 (the “data importer”)

each a “party”; together “the parties”,

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Clause 1

Definitions

For the purposes of the Clauses:

(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

(b) ‘the data exporter’ means the controller who transfers the personal data;

(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;

(d) ‘the sub-processor’ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;

(e) ‘the applicable data protection law‘ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;

(f) ‘technical and organizational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Clause 2

Details of the transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

Clause 3

Third-party beneficiary clause

  1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
  2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
  3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
  4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants:

(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;

(b) that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;

(c) that the data importer will provide sufficient guarantees in respect of the technical and organizational security measures specified in Appendix 2 to this contract;

(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;

(e) that it will ensure compliance with the security measures;

(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;

(g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;

(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;

(i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and

(j) that it will ensure compliance with Clause 4(a) to (i).

Clause 5 1.

Obligations of the data importer

The data importer agrees and warrants:

(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(c) that it has implemented the technical and organizational security measures specified in Appendix 2 before processing the personal data transferred;

(d) that it will promptly notify the data exporter about:

(i)  any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,

(ii) any accidental or unauthorized access, and

(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized to do so;

(e)  to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;

(f)  at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;

(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;

(h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;

(i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;

(j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.

Clause 6

Liability

  1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.
  2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.
  3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses.

Clause 7

Mediation and jurisdiction

  1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

(a)  to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;

(b)  to refer the dispute to the courts in the Member State in which the data exporter is established.

  1. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Clause 8

Cooperation with supervisory authorities

  1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
  2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
  3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established, and when in doubt or where multiple data exporters, will be governed by the laws of England and Wales. 

Clause 10

Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Clause 11

Subprocessing

  1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses. Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement.
  2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
  3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established.
  4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.

Clause 12

Obligation after the termination of personal data processing services

  1. The parties agree that on the termination of the provision of data processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
  2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.

**********************************************

Appendix 1 to the Standard Contractual Clauses

Data exporter

The data exporter is the entity identified as “Customer” in the Addendum

Data importer

The data importer is eBiziner Inc. a provider of hosted services.

Data subjects

The processing operations are defined in Section 1.3 and Annex 1 of the Addendum.

Categories of data

The processing operations are defined in Section 1.3 and Annex 1 of the Addendum.

Processing operations

The processing operations are defined in Section 1.3 and Annex 1 of the Addendum.

Appendix 2 to the Standard Contractual Clauses

This Appendix forms part of the Clauses.  By purchasing Covered Services from eBiziner, the Addendum and this Appendix 2 are deemed accepted and executed by and between the parties.

Description of the technical and organizational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):

The technical and organizational security measures implemented by the data importer are as described in the Addendum, specifically in Annex 2, which is incorporated and attached to it.

1        Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard national security, defense, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alia, internationally recognized sanctions, tax-reporting requirements or anti-money-laundering reporting requirements

 

Refund Policy

Last Revised: 2021-01-20

Products purchased from eBiziner Inc. may be refunded only if cancelled within the refund period specified below in this policy. Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such products.

Date of the transaction”, for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by eBiziner Inc. in accordance with the terms and conditions of the applicable product or service agreement.

“Refund Period”, you may cancel a product at any time, but a refund will only be issued if you request a refund with eBiziner’s customer service within the refund time frame specified for the applicable product, if available at all.

No Refund After Account Closure. If eligible for a refund, it is necessary for you to request a refund prior to account closure. You may elect to close your account with us at any time, but upon account closure you will no longer be eligible for a refund as otherwise permitted under this Refund Policy.

BRAZILIAN CUSTOMERS: ANY AND ALL PRODUCTS OR SERVICES SOLD BY EBIZINER MAY BE REFUNDED ONLY IF CANCELLED WITHIN SEVEN (7) DAYS FROM THE DATE OF THE TRANSACTION.

EU & UK CONSUMERS: YOU HAVE A STATUTORY RIGHT TO CANCEL PRODUCTS AND SERVICES WITHIN 14 DAYS FROM THE DATE OF THE CONTRACT. HOWEVER, WE ARE ENTITLED TO CHARGE A REASONABLE AMOUNT FOR THE SERVICES THAT WE HAVE ALREADY PROVIDED TO YOU AS AT THE DATE OF CANCELLATION. THEREFORE, A FULL, OR ANY, REFUND MAY NOT BE DUE. PLEASE NOTE THIS DOES NOT AFFECT THE “PRODUCTS WITH SPECIAL REFUND TERMS”, WHERE FULL REFUNDS MAY BE GIVEN, AS APPLICABLE. THIS REFUND POLICY DOES NOT AFFECT YOUR STATUTORY RIGHTS

Standard Refund Terms

Annual Plans+ – Within 30 days of the date of the transaction.

Monthly Plans*+ – Within 48 hours of the date of the transaction.

*Monthly Plans include all plans with less than a 1-year term (e.g., 6 mos., 9 mos., etc.)
+Security products with remediation service cannot be refunded once a cleanup request has been submitted._

Products with Special Refund Terms

Ad Spend

For SEV Premium, the ad spend and search marketing fees are non-refundable for the current month. We may refund future pre-paid months and future-month additional ad spend and search marketing fees.

Assisted Service

Refundable after the initial three months.

Auction Featured Listings

Refundable during first 24 hours if there are no bids.

Auctions Additional Categories

Refundable during the first 48 hours if there are no bids.

Domain Backorders

If a Domain Backorder credit has been applied to an auction, then it is non-refundable (if not yet applied to an auction, eligible for a refund within 30 days of the date of the transaction).

Domain Name Registrations/Renewals

  1. Standard Terms
  • New Registration: 5 Days (120 Hours)
  • Auto-Renewal (one-year): 45 Days (1080 hours)
  • Auto-Renewal (multiple-year): 5 Days (120 Hours)
  • Manual Renewal: 5 days (120 Hours)
  1. Exceptions
  • .AU: New Registration / Auto-Renewal / Manual Renewal – 3 Days (72 Hours)
  • .COM.AU: New Registration / Auto-Renewal / Manual Renewal – 3 Days (72 Hours)
  • .NET.AU: New Registration / Auto-Renewal / Manual Renewal – 3 Days (72 Hours)
  • .ORG.AU: New Registration / Auto-Renewal / Manual Renewal – 3 Days (72 Hours)
  • .CZ: Manual Renewal – 59 Days (1416 Hours)
  • .IT: Auto-Renewal / Manual Renewal – 14 Days (336 Hours)
  • .MX: New Registration – 45 Days (1080 Hours) Registration fee frozen during period, no charge. Fee is charged at day 46, No refund. If the domain name is deleted during the Grace Period the fee is unfrozen.
  • .COM.MX: New Registration – 45 Days (1080 Hours) Registration fee frozen during period, no charge. Fee is charged at day 46, No refund. If the domain name is deleted during the Grace period the fee is unfrozen.
  • .PE: Manual Renewal – 29 Days (696 Hours)
  • .COM.PE: Manual Renewal – 29 Days (696 Hours)
  • .NET.PE: Manual Renewal – 29 Days (696 Hours)
  • .NOM.PE: Manual Renewal – 29 Days (696 Hours)
  • .ORG.PE: Manual Renewal – 29 Days (696 Hours)
  • .PH: Manual Renewal – 59 Days (1416 Hours)
  • .COM.PH: Manual Renewal – 59 Days (1416 Hours)
  • .NET.PH: Manual Renewal – 59 Days (1416 Hours)
  • .ORG.PH: Manual Renewal – 59 Days (1416 Hours)
  • .SE: Manual Renewal – 69 Days (1656 Hours)
  • .SG: Manual Renewal – 29 Days (696 Hours)
  • .SO: Auto-Renewal / Manual Renewal – 4 Days (96 Hours)
  • .COM.SO: Auto-Renewal / Manual Renewal – 4 Days (96 Hours)
  • .NET.SO: Auto-Renewal / Manual Renewal – 4 Days (96 Hours)
  • .ORG.SO: Auto-Renewal / Manual Renewal – 4 Days (96 Hours)
  • .UK: New Registration / Auto-Renewal / Manual Renewal – 5 Days (120 Hours)
  • .CO.UK: New Registration / Auto-Renewal / Manual Renewal – 5 Days (120 Hours)
  • .ME.UK: New Registration / Auto-Renewal / Manual Renewal – 5 Days (120 Hours)
  • .ORG.UK: New Registration / Auto-Renewal / Manual Renewal – 5 Days (120 Hours)
  1. Pre-Registrations

Expert Services

If an Expert Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

Get Started Service

If a Get Started Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

eBiziner IT Services

If IT Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

  • Annual Subscriptions: Non-refundable
  • Monthly Subscriptions: If one or more request(s) have been completed during the billing period, your monthly subscription is non-refundable.

Hosting Services

If a Hosting Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

Purchased Product w/ Free Domain

In the event any purchased product includes a free domain name, if you cancel the purchased product, the list price for the domain name will be deducted from the refund amount (the list price is the price of the domain name listed on eBiziner’s website and is not subject to any promotion, discount, or other reduction in price).

SEO Services

SEO Services is a 12-month commitment; in order to receive best results, you are expected use the Services for the entire 12-month term.

For all SEO Services plans, you can cancel within 48 hours of the date of the transaction and receive a full refund for any remaining months in your committed term, to your original payment method. No refund will be issues for the prior months.

If you purchase a monthly plan and cancel more than 48 hours after the date of the transaction, you agree to pay for that current month of SEO Services, but eBiziner will not bill you for any future months. However, you will not be refunded the cost of the current or past months.

If you purchase a semiannual or annual plan and cancel more than 48 hours after the date of the transaction, you agree to pay for the current month of SEO Services and eBiziner will issue a 50% prorated refund to your original payment method for any remaining unused months.

Sitelock 911

You may request a refund within 30 days from the date of transaction ONLY IF you have not yet activated the product.

Social Media Management

You can cancel Social Media Management at any time and we will not bill you for future months. However, you will not be refunded the cost of the present or past months since the service has already been performed. If you cancel Social Media Management and request a refund within 48 hours of initially purchasing or renewing, you can receive a full refund for that month of service. After 48 hours, however, you are responsible for paying for that month, but will not be billed for future months.

Trustee Fees

Trustee fees are refundable if the domain was not successfully registered. Trustee fees, however, are non-refundable upon renewal.

Website Design Services

Web Services: 30% cancellation fee when in progress, 70% cancellation fee when site design is delivered for review, non-refundable once first revision is completed. If not yet performed, eligible for a refund within 30 days of the date of the transaction. Once performance has begun, web service design is considered completed 180 days from the date of the transaction and will not be eligible for a refund thereafter.

Logo Design: 40% cancellation fee when in progress, non-refundable once artwork delivered. If not yet performed, eligible for a refund within 30 days of the date of the transaction. Once performance has begun, logo design is considered delivered 180 days from the date of the transaction and will not be eligible for a refund thereafter.

Website Makeover Services: 30% cancellation fee when in progress, 70% cancellation fee when site design is delivered for review, non-refundable once complete.

Website Care and Website + Marketing Services: If you purchase Website Care or Website + Marketing Services and you have completed 1 or more request(s), during the billing period, your subscription is non-refundable.

If no requests have been fulfilled with the Website Care or Website + Marketing services, you are eligible for a refund as defined in the “Standard Refund Terms”:

  • Annual Plans – Within 30 days of the date of the transaction.
  • Monthly Plans (any plan with less than a 1-year term) – Within 48 hours of the date of the transaction.

Website Security

Refunds are only available within 30 days of purchase and will only be issued in cases where a manual malware removal was not completed.

WordPress Premium Support

Refunds may be granted if the plan is cancelled prior to the end of the billing cycle and none of the credits have been used. If a Service has already been performed during the month, then that month is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction). Future unused months of the services may also be refunded if the plan is cancelled and a pre-payment was made.

Products Not Eligible for Refunds
  • Appraisals (Express and Certified Appraisals are non-refundable if the customer already applied the credit).
  • Auctions Memberships
  • Cloud Servers
  • Configuration Add-Ons
  • Discount Domain Club (if used for purchase)
  • Domain: Auctions, Buy Service (you may request a refund ONLY IF you have not submitted a bid on the domain the service was purchased for), Consolidation or Monitoring
  • Hosting Connection paid Apps (not refundable once set up)
  • Merchant Accounts
  • Office Max Bundles
  • Premium Domain Names
  • Redemption Fees
  • Transfers (if successful)
  • All Registrations or Renewals in the following TLD’s are fully non-refundable:

.AI

.NU

.AM

.NZ

.AT

.CO.NZ

.BE

.NET.NZ

.CH

.ORG.NZ

.CL

.PL

.DE

.BIZ.PL

.DK

.COM.PL

.ES

.INFO.PL

.COM.ES

.NET.PL

.NOM.ES

.ORG.PL

.ORG.ES

.RU

.EU

.COM.RU

.FM

.NET.RU

.FR

.ORG.RU

.GG

.TC

.GS

.TK

.CO.JP

.VE

.JP

.CO.VE

.KR

.COM.VE

.CO.KR

.INFO.VE

.NE.KR

.NET.VE

.RE.KR

.ORG.VE

.MS

.WEB.VE

.NL

.VG

.NO

.CO.ZA

.BR

.COM.BR

.NET.BR

.ORG.BR

  • All Registrations or Renewals in the following TLD’s are refundable, except for the condition in parentheses (in which case, they are non-refundable):

.AMSTERDAM

(New Registration and Manual Renewal Only)

.ARCHI

(Manual Renewal Only)

.BIO

(Manual Renewal Only)

.SKI

(Manual Renewal Only)

.CA

(Manual Renewal Only)

.CZ

(New Registration and Auto-Renewal Only)

.IT

(New Registration Only)

.MX

(Manual Renewal Only)

.COM.MX

(Manual Renewal Only)

.PE

(New Registration and Auto-Renewal Only)

.COM.PE

(New Registration and Auto-Renewal Only)

.NET.PE

(New Registration and Auto-Renewal Only)

.NOM.PE

(New Registration and Auto-Renewal Only)

.ORG.PE

(New Registration and Auto-Renewal Only)

.PH

(New Registration and Auto-Renewal Only)

.COM.PH

(New Registration and Auto-Renewal Only)

.NET.PH

(New Registration and Auto-Renewal Only)

.ORG.PH

(New Registration and Auto-Renewal Only)

.SE

(New Registration and Auto-Renewal Only)

.SG

(New Registration and Auto-Renewal Only)

.SO

(New Registrations Only)

.COM.SO

(New Registrations Only)

.NET.SO

(New Registrations Only)

.ORG.SO

(New Registrations Only)

.TW

(Auto-Renewal Only)

.COM.TW

(Auto-Renewal Only)

.IDV.TW

(Auto-Renewal Only)

.ORG.TW

(Auto-Renewal Only)

.UK

(Registration and Auto-Renewal Only)

.CO.UK

(Registration and Auto-Renewal Only)

ME.UK

(Registration and Auto-Renewal Only)

.ORG.UK

(Registration and Auto-Renewal Only)

 

 
TradeMark/Copyright

Last Revised: 2021-01-20

Respecting Intellectual Property

eBiziner Inc. (“eBiziner, eBiziner.com”) supports

the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, eBiziner is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.

Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute about a registered domain name. Any dispute regarding the registration of domain names will need to be sent either to the registrant, to an ICANN-approved arbitration provider, or the court system.

This Trademark/Copyright Infringement policy specifically excludes domain name disputes and has been established to allow reporting of possible violations involving other eBiziner products and services.

Go Daddy Auctions and Premium Domain Name Dispute Claims

  1. To notify eBiziner that there has been a trademark violation regarding a domain offered for sale on eBiziner Auctions or as a Premium Domain Name, please follow the specific instructions in (A) below for filing a trademark claim.
  2. If you are responding to a complaint of infringement regarding a domain offered for sale on eBiziner Auctions or as a Premium Domain Name, follow our Counter Notification Policy in (C) below.

Copyright and Trademark Claims

  1. To notify eBiziner that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
  2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
  3. Trademark Claims
  1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), eBiziner requests that the Complaining Party substantiate such. The words “Trademark Claim” should appear in the subject line of the email. PLEASE NOTE: Filling out the online form is the quickest way to get your claim addressed.

    To be considered effective, a notification of a claimed trademark violation must include the following information:

    • The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
    • The jurisdiction or geographical area to which the mark applies.
    • The name, post office address and telephone number of the owner of the mark identified above.
    • The goods and/or services covered by or offered under the mark identified above.
    • The date of first use of the mark identified above.
    • The date of first use in interstate commerce of the mark identified above.
    • A description of the manner in which the Complaining Party believes its mark is being infringed upon.
    • Sufficient evidence that the owner of the website that is claimed to be infringing is a eBiziner customer.
    • The precise location of the infringing mark, including electronic mail address, etc.
    • A good faith certification, signed under penalty of perjury, stating:
      1. The content of the website [identify website] infringes the rights of another party,
      2. The name of such said party,
      3. The mark [identify mark] being infringed, and
      4. That use of the content of the website claimed to be infringing at issue is not defensible.
  1. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, eBiziner will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While eBiziner is investigating the claim, eBiziner, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from eBiziner Auctions, notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on a eBiziner server, temporarily remove or deny access to the allegedly infringing material.
  2. If eBiziner concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from eBiziner Auctions, continue to suspend the alleged infringer’s eBiziner account and/or if it is solely stored on a eBiziner server, deny access to the allegedly infringing material. If eBiziner concludes that the Complaining Party has not raised a legitimate claim, eBiziner will restore access to the allegedly infringing material.
  3. The Complaining Party should understand that eBiziner, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of eBiziner and its customers to abide by it in the context of domain name disputes.
  1. Copyright Claims
  1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, eBiziner requests that the Complaining Party substantiate such claim by providing the following information via email to [email protected]. The words “Copyright Claim” should appear in the subject line of the email. A copyright claim can also be submitted by mail to: Copyright Agent, eBiziner, 30th Floor, 360 Main Street

Winnipeg MB R3C 4G1 Canada. **PLEASE NOTE: Filling out the online form is the quickest way to get your claim addressed.**

To be considered effective, a notification of a claimed copyright infringement must be provided to eBiziner and must include the following information:

  1. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit eBiziner to locate the material.
  4. Information reasonably sufficient to permit eBiziner to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  • For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, eBiziner will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While eBiziner is investigating the claim, eBiziner, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on a eBiziner server, temporarily remove or deny access to the allegedly infringing material.
  • If eBiziner concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to suspend the alleged infringer’s eBiziner account and/or if it is solely stored on an eBiziner server, deny access to the allegedly infringing material. If eBiziner concludes that the Complaining Party has not raised a legitimate claim, eBiziner will restore access to the allegedly infringing material.
  1. Counter Notification Policy
  1. Counter Notification. If you have received a notice of copyright or trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notification by emailing [email protected]  and including the following:
    1. An electronic signature of the alleged infringer.
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
    3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
    4. The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Arizona, or if the alleged infringer’s address is outside of the United States, for any judicial district in which eBiziner may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.
  2. Upon receipt of a Counter Notification as described in Section 1 above, eBiziner shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. eBiziner will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless eBiziner first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on eBiziner’s system or network.
  1. Repeat Infringers

It is eBiziner’s policy to provide for the termination, in appropriate circumstances, of eBiziner customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.

Licences Terms

Last Revised: 2021-01-20

eBiziner Inc. (“eBiziner, eBiziner.com”) will buy some Themes and Add-on’s licences for each customer and this license will transfer from us to the client.

Our clients will have direct responsibility for each licence protections.

  1. The Regular License grants you, the purchaser, an ongoing, non-exclusive, worldwide license to make use of the digital work (Item) you have selected.
  2. You are licensed to use the Item to create one single End Product for yourself
  3. An End Product is one of the following things, both requiring an application of skill and effort.
    1. For an Item that is a template, the End Product is a customised implementation of the Item.
    2. For other types of Item, an End Product is a work that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.
  4. You can modify or manipulate the Item. You can combine the Item with other works and make a derivative work from it. The resulting works are subject to the terms of this license. You can do these things as long as the End Product you then create is one that’s permitted under clause 3. (For example: You can license a flyer template, include your own photos, modify the layout and get it printed to promote your event.)

Things you can’t do with the item

  1. You can’t Sell the End Product, except to one client. (If you or your client want to Sell the End Product, you will need the Extended License.)
  2. You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for Free.
  3. You can’t use the Item in any application allowing an end user to customise a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Item in this way only if you purchase a separate license for each final product incorporating the Item that is created using the application.
  4. Although you can modify the Item and therefore delete unwanted components before creating your single End Product, you can’t extract and use a single component of an Item on a stand-alone basis.
  5. You must not permit an end user of the End Product to extract the Item and use it separately from the End Product.

The nitty gritty! Other license terms

  1. For some Items, a component of the Item will be sourced by the author from elsewhere and different license terms may apply to the component, such as someone else’s license or an open source or creative commons license. If so, the component will be identified by the author in the Item’s description page or in the Item’s downloaded files. The other license will apply to that component instead of this license. This license will apply to the rest of the Item.
  2. For some items, a GNU General Public License (GPL) or another open source license applies.
  3. You can only use the Item for lawful purposes. Also, if an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects.
  4. Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. These Items are licensed on the basis of editorial use only. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.
  5. This license can be terminated if you breach it. If that happens, you must stop making copies of or distributing the End Product until you remove the Item from it.
  6. The author of the Item retains ownership of the Item but grants you the license on these terms. This license is between the author of the Item and you. Envato Pty Ltd is not a party to this license or the one giving you the license.