Universal Terms of Service Agreement
Last modified: November 25th, 2020
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES
- General Information Regarding These UNIVERSAL TERMS OF SERVICE AGREEMENT.
Universal terms: Welcome, and thank you for your interest in 911MYWEB.com (“911MYWEB,” “we,” “our,” or “us”). And YOU ( Your, Client, User, Visitor, agent) unless otherwise noted on a particular site or service, these Universal Terms of Service (“ Universal Terms, Terms, Agreement”) apply to your use of all of the websites 911MYWEB operates. These include 911myweb.com, Lawxix.com, TipiHost.com, WPTSA.com, and MenuDemo.com, together with all other subdomains thereof (collectively, the “Websites”). Universal Terms also apply to all Services, Information, and Products provided through the Websites.
- Additional terms: In addition to the Universal Terms, your use of any services may also be subject to specific terms applicable to a particular service (“Additional Terms”). If there is any conflict between the Additional Terms and Universal Terms, then the Additional Terms apply concerning the appropriate use.
Collectively, the Terms: The Terms, together with any Additional Terms, form a binding legal agreement between you and 911MYWEB concerning your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”
Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and 911MYWEB. The agreement governs your use of all websites operated by 911MYWEB unless a particular website indicates otherwise.
- Your Agreement to the Terms
BY CLICKING “I ACCEPT” “I AGREED” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” “I AGREED” or otherwise accessing or using any services, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any services. If you do not agree to the Terms, you are not authorized to use any services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity. You now agree on that entity’s behalf to be bound by these Terms, with the terms “you” and “your” apply to you, that entity, and other users accessing the services on behalf of that entity. Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.
- Changes to the Terms
From time to time, 911MYWEB may change, remove, or add to the Terms and reserves the right to do so at its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current 911MYWEB Login Service account via email. All new and revised Terms take effect immediately and apply to your use of the services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new or revised Terms effectively indicates that you have read, understood, and agreed to those Terms.
Human-readable summary of Sec 3: These terms may
change. When the changes are essential, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.
- Copyright Complaints
911MYWEB respects the copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any content on the services that violates another person’s proprietary rights.
To report allegedly infringing Content hosted on a website owned, hosted, or controlled by 911MYWEB, send a notice of Infringing Materials as set out in 911MYWEB DMCA POLICY HERE.
911MYWEB name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Universal Terms. Please review the Trademark Policy.
View Trademarks click HERE.
- Content Available through the Services
Provided as-is: You acknowledge that 911MYWEB does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the services. Under no circumstances is 911MYWEB liable in any way for any content, including, but not limited to: any infringing content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, linked from, or otherwise accessible through or made available via the services. You understand that by using the services, you may be exposed to Content that is offensive, indecent, or objectionable.
You agree that you are solely responsible for your reuse of content made available through the services, including providing proper attribution. You should review the applicable license terms before using the content to know what you can and cannot do.
- Content Supplied by You
Your responsibility: You represent, warrant, and agree that no content posted or otherwise shared by you on or through any of the Services (“Your Content”) violates or infringes upon the rights of any third party, including Copyright, Trademark, Privacy, Publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
Removal: 911MYWEB may, but is not obligated to, review your content and may delete or remove your content (without notice) from any of the Services in its sole discretion.
- Your Account
When you sign up for a service, Place an order, or register with 911MYWEB, you have an account that offers access to your Billing options, Active services, Support request, and much more. We provide you with an online account, as we referred to your 911MYWEB account. You are required under these terms and conditions to provide accurate information; 911MYWEB Reserves the right to suspend the access with or without notice for any and no reason. 911MYWEB recommends keeping a copy of all emails for your sole personal use.
- Code of conduct
You hereby acknowledge and agree as follows:
- Do not use the Service in a manner that violates the law of the United States of America;
- Do Not Violate the privacy rights of another User;
- Do Not Engage, Promote Child Sexual abuse;
- Do Not Promote or engage in Content that defames, harasses, or threatens others;
- Do Not Promote or engage in content that discusses illegal activities with the intent to commit such activities, or content that probes, scans, or tests the vulnerability of any system or network encourage others to engage in such activities;
- Do not engage or promote content that breaches or otherwise circumvents any security measures;
- Do Not Promote or engage in Content that otherwise harms other users or visitors to the Sites;
- DO not Promote or engage in Material that contains obscene (i.e., pornographic) language or images;
- Do Not Promote or engage in Content that plants malware or otherwise uses the Sites to distribute malware;
- Do Not Promote or engage in Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, or trade secrets;
- Do Not Promote or engage in activities that interfere with the operation of 911MYWEB Services;
- Do Not resell or provide the Services for a commercial purpose, including any of 911MYWEB related technologies, without 911MYWEB prior consent in writing;
- Do not Promote, encourages, or engages in any spam or unsolicited bulk email, computer or network hacking, cracking, or reverse engineering;
- Do Not Promote or engage in activities that Violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages, or participates in the sale or distribution of prescription;
- Do Not Promote or engage in activities that Violate the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution or sex trafficking;
- Do Not Unprofessionally conduct, threats, abusive language (including, but not limited to, disparaging remarks regarding the sex, race, religion, or sexual orientation of Company’s employees) or anything that could be considered hate speech in the course of customer’s communications with the company;
- Do Not Promote or engage in activities that copy 911MYWEB content and services in a way that compares with marketing material, Generates revenues from affiliate programs, or engage in free advertisements without the express consent of 911MYWEB in writing.
- Fees & Payment
Payment: All services are due upon ordering or renewal of the service and must be paid before service is ordered.
Payment methods: 911MYWEB accepts most major Credit/Debit/Prepaid Cards as a method of payment.
Billing Details: All Active accounts and services at 911MYWEB require to have an active payment method on your 911MYWEB account; removing a required method of payment can potentially put at risk the active service, including the risk of losing a domain name, Emails, Website, SEO ranking and any additional data part of your service is your absolute responsibility to keep an Active method of payment and 911MYWEB will not be liable or responsible for any Domain name, Data lost as a result of missing payment methods or any incident that may arrive from automatically payment methods even if payment was not automatically able to process form 911MYWEB.
Credit or Debit Card: When you submit a payment to 911MYWEB using a Credit/Debit/Prepaid Card for the first time, Your Credit/Debit/Prepaid Card information will be automatically saved encrypted on your 911MYWEB account as a default method of payment and will be used to process any due/ past due and future invoices, Payments, and fees.
Failure to Pay: Any fee that is past due to any event 911MYWEB will automatically attempt to process the payment using any of the methods of payment saved in your 911MYWEB account failure to process the payment, your active services are at risk of interruption and potentially domain renewal lost if any involve is your responsibility to keep active payment method to avoid any past due invoices and fees or possible collections actions.
Refunds: All Payments Submitted to 911MYWEB at the time of order are Nonrefundable. This term applies to fees that are due, past due, Overdue or delinquent account.
If a refund is authorized, it will be done to the same payment method within 15 Business Days.
Termination and Non-Payment: Any account that is in the past due stage is at risk of Termination of service and could require a restoring fee of $45.00
Auto Payment: All Services that include recurring payments Monthly, Quarterly, Semi-annual, and Annually are automatically enrolled in auto payment, and fees will be processed using your method of payment on your 911MYWEB Account.
Debit Credit Card Saved: When Performing a Payment with a Credit or Debit card, your Credit or Debit card will automatically be encrypted and saved in your 911MYWEB account. The latest credit or debit inserted becomes the default payment method in your 911MYWEB account; your user has the option to change the default card at your 911MYWEB account portal.
- Links to Third-Party Sites. 911MYWEB may contain links to websites controlled or offered by third parties (non-affiliates of 911MYWEB). The links are only provided as a convenience, and 911MYWEB does not endorse or recommend any products or services offered by or information contained in any of these third-party sites. 911MYWEB hereby disclaims all liability for all information, materials, products, or services posted, offered, or that may be accessed at any of the third-party sites linked to this Site. 911MYWEB makes no representation regarding the quality of any product or service contained at any such third-party site. Furthermore, 911MYWEB hereby disclaims all liability for any failure of products or services offered or advertised at those third-party sites.
- Restrictions. You agree not to use, transfer, or distribute any Site Content in any manner that could compete with the business of 911MYWEB or any of its licensors. You agree not to modify, move, add to, delete or otherwise tamper with the Site Content in any way and to retain all copyright and other proprietary notices displayed on the Site Content. You also agree not to copy, disclose, post, distribute, reproduce, publish, display, transmit, perform, create derivative works of, decompile, reverse engineer, disassemble, link to, or unlawfully use or reproduce any of the Site Content without 911MYWEB prior written consent. You agree to use this Site and the Site Content solely for your use and benefit. Moreover, you agree not to use this Site for any illegal purpose or in any manner inconsistent with the Universal Terms.
- Discontinued Services
911MYWEB reserves the right to cease offering services or providing features, functionalities related to paid or free service at any time and for any o no reason with or without notice 911MYWEB make the best to maximize the lifespan of the services offered. Still, there are times to discontinue the service due to the end of life in the event of those service 911MYWEB will no longer provide support to those services regardless of the situation.
- Intellectual Property. You acknowledge that this Site, including, without limitation, all content available on or through this Site (collectively, the “Site Content”), is the property of 911MYWEB or its licensors and is protected by copyrights, patents, trademarks, service marks, international treaties or other proprietary or intellectual property rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, and you may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any Site Content for commercial or public purposes. The trademarks, trade names, logos, designs, and service marks displayed on this Site (“Marks“) are the registered and unregistered trademarks of 911MYWEB and its licensors. You may not use the Marks for any purpose including, without limitation, for advertising or promotion, in any public medium, to imply any endorsement by or relationship with 911MYWEB or its licensors or use as “hotlinks” or meta tags in other pages or sites on the World Wide Web, without the prior written approval of 911MYWEB or such licensor that may own the Mark. All future rights in and to the Site Content, including without limitation the underlying technology and software, and any patents, copyrights, trademarks, service marks, trade secrets, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the foregoing (collectively, the “Intellectual Property Rights“) shall, as between you and 911MYWEB, at all times be and remain the sole and exclusive property of 911MYWEB.
- Web Hosting
- Domain name
All Domain Registration, Renewal, Transfer, Termination, Disputes terms and conditions, and policy are located in this DOMAIN NAME AGREEMENT.
- HIPAA Disclaimer
911MYWEB Services do not provide services that comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are responsible for engaging in services that comply with HIPAA’s quality standards; 911MYWEB does not monitor your data content to determine your HIPPA Compliance or any affiliation with HIPAA Organization. We advise you to find a certified HIPAA provider as 911MYWEB does not provide any service or partnership with HIPPA
- DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 911MYWEB OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS. It MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 911MYWEB DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY 911MYWEB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 911MYWEB DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 911MYWEB BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT arises IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF 911MYWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 911MYWEB IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitations of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless 911MYWEB, its employees, officers, directors, affiliates, and agents from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your failure to verify the copyright license, attribution, and other information associated with Content resulting from your use of 911MYWEB, (c) your use of any of the Services, or (d) the Content you make available on any of the Services.
By 911MYWEB: 911MYWEB may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services, Websites at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by 911MYWEB at any time and for any reason with and without notice.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services (including use of your 911MYWEB Login Service account) automatically upon your breach of any of the Terms. For the avoidance of doubt, the Terms’ termination does not require you to remove or delete any reference to previously applied 911MYWEB tools from your Content.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the Terms’ termination and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for five years after termination.
- Governing Law & Jurisdiction.
The Terms are governed by and construed by the laws of the State of Florida in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between 911MYWEB and you concerning these Terms or any of the Services may only be brought in a federal or state court of competent jurisdiction sitting in the Miami Dade County of Florida, and you hereby consent to the personal jurisdiction and venue of such court.
Suppose you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above. In that case, those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related to it will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding its choice of law rules).
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and 911MYWEB as a result of the Terms or from your use of any of the Services.
Integration: These Universal Terms and any applicable Additional Terms constitute the entire agreement between you and 911MYWEB relating to this subject matter and supersede any prior communications or agreements between you and 911MYWEB relating to access and use of the Services. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.