PLEASE READ THIS 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 Wetbe LLC, (“Wetbe”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:The terms “we”, “us” or “our” shall refer to Wetbe. 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. Wetbe may, at 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, Wetbe may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your Wetbe customer’s account (“Account”) information current and up to date. Wetbe assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address provided by you.
2. ELIGIBILITY; AUTHORITY This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States of America or other applicable jurisdiction in which Services may be purchased. 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, Wetbe discovers 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. Wetbe shall not be liable for any direct on indirect losses or damage resulting from Wetbe’s reliance on any instruction, notice, document or communication reasonably believed by Wetbe 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, Wetbe reserves the right (but undertakes no duty) to request additional authentication / confirmation from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your Account or the Services, whether or not authorized by you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Wetbe 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. We may limit your access to our Services until we’re able to verify your account information (such as your e-mail address or payment information). If Wetbe has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Wetbe 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). For security purposes, Wetbe recommends that you change your password at least once every six (6) months for each Account. Do not share or misuse your Account access and login details. You must notify Wetbe immediately of any breach of security or unauthorized use of your Account. Wetbe 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 Wetbe or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.When you create a Wetbe Account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing, promotions). If you are not interested, you can opt out of the marketing communications, whether it is an email, phone call, or text message.Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you confirm that you are aware of and consent to such transfers.
4. AVAILABILITY OF WEBSITE/SERVICES Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the 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. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Wetbe. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.Trial ServicesFrom time to time, Wetbe 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 “Trial Services”. If you elect to use any Trial Services, then your use of the Trial Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Trial Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Trial Services may expose you to unusual risks of operational failures; (iii) The Trial Services are provided AS-IS, so we do not recommend using them in production or mission critical environments; (iv) Wetbe reserves the right to modify, change, or discontinue any aspect of the Trial Services at any time; (v) Commercially released versions of the Trial Services may change substantially, and programs that use or run with the Trial Services may not work with the commercially released versions or subsequent releases; (vi) Wetbe may limit availability of customer service support time dedicated to support of the Trial Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Trial Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. 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 Trial Services shall be owned exclusively by Wetbe; (viii) You acknowledge and agree that all information regarding your use of the Trial Services, including your experience with and opinions regarding the Trial Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Wetbe ; (ix) The Trial Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, Wetbe disclaims any and all warranties, statutory, express or implied, with respect to the Trial Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
5. GENERAL RULES OF CONDUCT You acknowledge and agree that: Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent or other applicable legal ground where allowed by applicable law.You will not use this Site or the Services in a manner (as determined by Wetbe at its sole and absolute discretion) that:Is illegal, or promotes or encourages illegal activity;Promotes, encourages or engages in child pornography or the exploitation of children;Promotes, encourages or engages in terrorism, violence against people, animals, or property;Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;Infringes 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, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; orContains false or deceptive language, or unsubstantiated or comparative claims, regarding Wetbe or Wetbe’s Services.You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Wetbe .You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.You will not access Wetbe Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Wetbe may designate.You agree to back-up all of your User Content so that you can access and use it when needed. Wetbe does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.You will not re-sell or provide the Services for a commercial purpose, including any of Wetbe’s related technologies without Wetbe’s express prior written consent.You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.You are aware and do not object that Wetbe may from time-to-time call you about your Account and/or purchased Services. You will be informed about recording of such calls, purposes thereof, as well as any other information will be provided to you as required by applicable law. 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 Wetbe or Wetbe’s affiliate is a party.
6. LICENSE TO USE Wetbe owns and will continue to own our Services, including all related intellectual property rights. We may make templates, software components available, via Site or other channels, as part of the Services. We grant to User a non-sublicensable, non-transferable, non-exclusive, limited license (“the License”) to use these templates components, but solely as necessary to use the Services and in accordance with the Agreement. All of our rights not expressly granted by this License are hereby retained. The License shall remain valid while the User uses the Services and has active subscription to Services. License shall be terminated when User stops use of Services and/or Wetbe suspends or terminates provisions of Services or User Account. Wetbe reserves the right to terminate the License without additional notice to the User if User breaches terms of this Agreement.
7. YOUR USE OF WETBE CONTENT AND USER CONTENT In addition to the general rules above, the provisions in this Section apply specifically to your use of Wetbe Content and User Content posted to Wetbe’s corporate websites (i.e., those sites which Wetbe directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.Wetbe ContentExcept 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 (“Wetbe Content”), are owned by or licensed to Wetbe in perpetuity, and are subject to copyright, trademark. Wetbe 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 Wetbe. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Wetbe reserves all rights not expressly granted in and to the Wetbe Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights. User ContentSome of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to Wetbe 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, or because you have the appropriate obtained 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.SecurityYou agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Wetbe Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Wetbe Content or the User Content therein.
8. WETBE USE OF USER CONTENT The provisions in this Section apply specifically to Wetbe’s use of User Content posted to Wetbe corporate websites (i.e., those sites which Wetbe directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.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, including obligation to ensure that User Content does not infringe any applicable laws, third party intellectual property rights. With Respect to User Submissions. You acknowledge and agree that: Your User Submissions are entirely voluntary.Your User Submissions do not establish a confidential relationship or obligate Wetbe to treat your User Submissions as confidential or secret.Wetbe 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.Wetbe 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.Wetbe shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site or otherwise submitted to Wetbe and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site or otherwise submitted to Wetbe for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. With Respect to User Content (Other Than User Submissions) If you have a website or other content hosted by Wetbe, you shall retain all of your ownership or licensed rights in User Content.By posting or publishing User Content to this Site or through the Services, you authorize Wetbe 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 Wetbe 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 Wetbe’s 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. You understand and agree, however, that Wetbe 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, Wetbe shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Wetbe’s (or Wetbe’s affiliates’) business(es).
9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY Wetbe generally does not pre-screen User Content (whether posted to a website hosted by Wetbe or posted to this Site). However, Wetbe 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. Wetbe may remove any item of User Content (whether posted to a website hosted by Wetbe 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 Wetbe at its sole and absolute discretion), at any time and without prior notice. Wetbe may also terminate a User’s access to this Site or the Services provided by Wetbe if Wetbe has reason to believe the User is a repeat offender. If Wetbe terminates your access to this Site or the Services provided by Wetbe, Wetbe may, at its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
10. ADDITIONAL RESERVATION OF RIGHTS Wetbe 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 Wetbe at its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Wetbe in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court or competent authority 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, or (viii) to avoid any civil or criminal liability on the part of Wetbe, its officers, directors, employees and agents, as well as Wetbe’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Wetbe.Wetbe expressly reserves the right to terminate, without notice to you, any and all Services where, determined at Wetbe’s sole discretion, you are harassing or threatening Wetbe and/or any of Wetbe’s employees, agents, third party service providers.
11. NO SPAM. We do not tolerate any transmissions of spam messages, e-mails or other notifications. We monitor all traffic to and from our web servers for indications of spamming. Users 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:Email MessagesNewsgroup postingsWindows system messagesPop-up messages (aka "adware" or "spyware" messages)Instant messages (using WhatsApp, Facebook Messenger, Viber, Telegram, AOL, MSN, Yahoo or any other instant messenger programs)Online chat room advertisementsGuestbook or Website Forum postingsFacsimile SolicitationsText/SMS MessagesWe 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 comply with by all applicable laws and regulations, but you must also comply with the terms of this Agreement, including 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, user must provide conclusive proof of opt-in for an email address or fax number to which commercial advertising is being sent.If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until the user responds. The registrant or user will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question and/or terminate or suspend the provision of Services or 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 due to material breach of this Agreement and the no spam policy.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 abuse@Wetbe.com .
12. TRADEMARK AND/OR COPYRIGHT CLAIMS Wetbe supports the protection of intellectual property. If you 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.
13. LINKS TO THIRD-PARTY WEBSITES This Site and the Services provided by Wetbe may contain links to third-party websites that are not owned or controlled by Wetbe. Wetbe assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Wetbe 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 Wetbe from any and all liability arising from your use of any third-party website. Accordingly, Wetbe encourages you to be aware when you leave this Site or the Services provided by Wetbe and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WETBE, 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. WETBE, 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 WETBE 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 WETBE, 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 provided by Wetbe.
15. LIMITATION OF LIABILITY IN NO EVENT SHALL WETBE, 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, TO THE MAXIMUM EXTENT ALLOWED FOR BY APPLICABLE LAW, 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 WETBE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred, except where such agreement is not permitted by applicable law. In the latter case, limitation periods provided for by applicable law apply.IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Wetbe’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 provided by Wetbe.
16. INDEMNITY You agree to protect, defend, indemnify and hold harmless Wetbe 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 Wetbe directly or indirectly arising from (i) your use of and access to this Site or the Services provided by Wetbe; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right; and/or (iv) your violation of any applicable law. The indemnification obligations under this section shall not be capped or limited by any amount and shall survive any termination or expiration of this Agreement or your use of this Site or the Services provided by Wetbe.Notwithstanding anything contained in this Section, (i) an indemnified party will always be free to choose its own counsel if it pays for the cost of such counsel; and (ii) no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if (a) the third party asserting the claim is a state authority, (b) the settlement arguably involves the making of admissions by the indemnified parties, (c) the settlement does not include a full release of liability for the indemnified parties, or (d) the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.
17. DISCONTINUED SERVICES; END OF LIFE POLICY Wetbe reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Wetbe makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by Wetbe, 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, Wetbe 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 Wetbe in its sole and absolute discretion. Wetbe may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Wetbe will not be liable to you or any third party for any direct or indirect losses incurred by you or any third parties due to modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
18. FEES AND PAYMENTS You acknowledge and agree that your Payment Method will be charged by Wetbe LLC, registered address 1000 Brickell Ave, Ste 715. Miami, Florida, United States of America and processed by payment processing service providers contracted by Wetbe.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Wetbe 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 are due for renewal as further described below. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit/debit payment card, (ii) by using PayPal (as defined below), or (iii) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”.For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method selected for your Account. Confirmation of that order will be sent to the designated contact email address of your Account. Your Payment Method used to pay for the Services must remain valid for as long as you have any active Services in your Account.You acknowledge and agree that where refunds are issued to your Payment Method by Wetbe, refund receipt issued by Wetbe is only confirmation that Wetbe has submitted your refund to the Payment Method charged at the time of the original sale, and that Wetbe has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Wetbe, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. Wetbe also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.For the avoidance of doubt, any and all refunds processed via the issuance of in-store credits are solely within Wetbe’s discretion and are not available at customer request. In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal to the most recent service period, except for domain names which shall be renewed for the original service period. For example, for Services other than domains, if your last purchased service period was one year, upon expiry of that period the Services shall be automatically renewed for another year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, Wetbe will always automatically renew purchased Service(s) upon the expiry of last purchased service period and shall charge your selected primary Payment Method at current Wetbe service rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. In order to check the renewal settings applicable to you and your Services, simply log into your members area and find the respective account. You may enable or disable the automatic renewal option at any time. However, should you decide to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Wetbe shall not be liable for any direct or indirect losses incurred by you or any third parties.Additionally, Wetbe may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately depending on your bank’s participation). If you are enrolled in an automatic renewal option and 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, Wetbe will automatically update your payment profile on your behalf. Wetbe 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 and information, including but not limited to (i) selecting desired renewal options and (ii) ensuring your selected Payment Method(s) are up to date and valid. Further, you acknowledge and agree that your failure to do so may result in the interruption or loss of Services, and Wetbe shall not be liable for any direct or indirect losses incurred by you or any third parties.If for any reason Wetbe is unable to charge your Payment Method for the full amount owed for the Services provided, or if Wetbe receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Wetbe may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation of any domain names or Services registered or renewed on your behalf without any additional notice to you. Wetbe also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks and actions Wetbe may perform outside the normal scope of its Services, (ii) additional time and/or costs Wetbe may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Wetbe at 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) Uniform Domain-Name Dispute-Resolution actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Wetbe staff or by outside firms retained by Wetbe; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Wetbe 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 charged to your selected Payment Method(s).
(B) PAY BY PAYPAL By using Wetbe’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Wetbe shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Wetbe may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.By clicking the box labelled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
(C) INTERNATIONAL PAYMENT OPTIONS Wetbe 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 Wetbe. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Wetbe .It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor Wetbe shall not be liable for any direct or indirect losses incurred by you or any third parties. You acknowledge that Wetbe will not attempt to fulfill your order and provide the Services purchased by you until Wetbe 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 Wetbe 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 Wetbe account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.If, at the time Wetbe 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, Wetbe 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, Wetbe reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Wetbe will be net of the IPP Fees unless otherwise specified.
19. DATA. PRIVACY. DATA SECURITY.Data Protection and Security. You will not provide us any personal information with respect to Your clients, visitors, end-users (Users of Users). However, you acknowledge that Wetbe may in certain limited cases have access to such information and communications systems for the purposes set forth in this Agreement. In cases of such limited access Wetbe will not become controller of any such data. You shall be responsible and liable for compliance with applicable privacy and personal data protection requirements, which may be applicable to any personal information, data or content collected through, stored or otherwise processed in relation to Hosting Services on your website or server content). You are and shall remain responsible for safety, legality, integrity and authorized usage of your Users-of-Users’ personal data, and for obtaining consents, permissions and providing fair processing notices required for processing of such information. You shall be solely responsible and liable for compliance with applicable privacy and personal data protection requirements, which may be applicable to any personal information, data or content collect through, stored or otherwise processed in relation to Services on your website or server content. You shall at all times remain data controller of any such personal data without any liability of whatsoever nature to Wetbe.You will not provide us any personal information with respect to Your clients, visitors, end-users. You acknowledge that Wetbe may in certain limited cases have access to information and communications systems for the purposes set forth in this Agreement. However, in cases of such limited access Wetbe will not become controller, processor, sub-processor or receiver of any such data.Without limitations to the generality of the foregoing, you shall be solely responsible for installation of organizational and technical security measures sufficiently protecting personal data stored or processed on your website or server. Consequently, you will be solely responsible for all and any data breaches, incidents and similar violations pertaining to such data, unless such data breach has occurred solely due to technical failures, malfunction or errors of the servers and resources, which Wetbe has expressly warranted to secure to You and assume liability for such failures, malfunction or errors.We do recommend that you publish and maintain clear and comprehensive privacy policies and related statements on your website, and that all Users-of-Users read and agree to those policies.
20. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
21. NO THIRD-PARTY BENEFICIARIES Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
22. COMPLIANCE WITH LOCAL LAWS Wetbe 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.
23. 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.
24. MISCELLEANEOUS This Agreement applies to any use of the Site or Services. Depending on the specific purchased Service, additional terms and conditions may apply, with which you will be familiarized and you will be required to agree when purchasing that particular Service.
25. CONTACT INFORMATION If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
1000 Brickell Ave, Ste 715, Miami, Florida, United States of America