Terms and Conditions
1. General
These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by Eaffy Solutions Private Limited ("Eaffy.com"). These Terms and Conditions represent the whole agreement and understanding between Eaffy.com and the individual or entity who subscribes to our service ("Subscriber").
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Eaffy.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Eaffy.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Eaffy.com may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): http://www.eaffy.com/terms-and-conditions/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
2. Services
Eaffy.com offers Subscribers domain name registration, website hosting, website development, Search Engine Optimization, Google Rating & Review services for the duration of the service term purchased from Eaffy.com.
Services are provided based on facility and equipment availability. Eaffy.com reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Access to the web and email servers is terminated upon expiry of the Service.
3.Website Builder
Eaffy.com provides Subscribers with a non-exclusive, non-transferable, limited license to use the Website Builder. The Website Builder is developed and owned by Eaffy.com, and any reproduction, modification, creation of derivative works from or redistribution of the Website Builder is expressly prohibited. The Website Builder, its structure, sequence, organization and source code are considered trade secrets of Eaffy.com and are protected by trade secret laws.
Eaffy.com does not claim ownership and is not responsible for any of the information, code, data, text, software, music, sounds, photographs, pictures, graphics, videos, messages, files or other materials ("User Content") submitted using the Website Builder. Subscriber is entirely responsible for all User Content uploaded, posted, emailed or otherwise transmitted via the Website Builder.
You further acknowledge and agree that all User Content is non-transferable and non-transportable. Eaffy.com will not assist any Subscribers with any reproduction, recovery, or distribution of any User Content. Upon service cancellation or termination for any reason, access to the Website Builder, including all User Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the Website Builder, will be removed by Eaffy.com.
Eaffy.com makes no representations or warranties, either expressed or implied, concerning the images offered through the Website Builder (the "Images").
In the event of a dispute regarding any Image obtained via the Website Builder, you hereby release Eaffy.com, its officers, directors, owners, agents, and employees from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes. Eaffy.com is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and any third party.
You may only use the Images on your website, while the website maintains an active service subscription with Eaffy.com.
Domain Name Registration
Eaffy.com offers domain name registration and renewal services. Eaffy.com processes registration and renewal services through these respective registrars at its discretion.
You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer or renewal of the registration. Eaffy.com is authorized to deny any such transfer requests.
You acknowledge and agree that Eaffy.com may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name.
Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days before expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Subscribers may choose to opt-in or out of the Automatic Domain Renewal service by emailing us on info@eaffy.com
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.
Subscribers who have purchased their domain name registration at a promotional price are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchased registration term.
Subscribers who wish to transfer their domain name registration to another domain name registrar while the registration is expired are also subject to a Domain Transfer Fee.
The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.
Service Fees / Payments / Invoices
All Eaffy.com charges are quoted and billed in US Dollars unless otherwise noted.
Members have the option to pay services fees in other currencies but members will be charged the equivalent of the US Dollar total. The exchange rate used ("Exchange Rate") is subject to change from time to time. Eaffy.com uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, Eaffy.com may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
Eaffy.com may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Billing inquiries and disputes should be brought to Eaffy.com's attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Eaffy.com reserves the right to put your domain name into "Registrar Hold" status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.
Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).
Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.
Eaffy.com reserves the right to modify service fees and rates, effective upon posting on the Eaffy.com website or this Agreement.
Termination / Plan Change / Refund Policy
Eaffy.com may terminate your Service under the following circumstances (non-exclusive list):
Non-payment of fees
You are in breach of any term or condition of this Agreement
Your use of the Service disrupts Eaffy.com business operations or affects any other party
All Subscriber data is removed from Eaffy.com servers for such terminations.
You may request account termination or plan changes at any time by contacting our Customer Service team either through phone or case ticket. Our contact information can be found on the Support page of our website: http://www.eaffy.com/contact-us/
When submitting your cancellation request, you must provide the correct information for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc. You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:
If you cancel your account within 15 days of sign-up, you will, upon request, receive a full refund on the various fees, less any setup fees or one-time service fees.
Only one refund may be issued for each invoice. Eaffy.com reserves the right to grant or deny any refund requests.
Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.
Subscriber Responsibility
When you apply to use Eaffy.com services, you will be asked to select a Subscriber ID and Password. The Subscriber ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Subscriber ID and Password you select from any unauthorized use. IN NO EVENT WILL EAFFY.COM BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.
Prohibited Conduct
Eaffy.com does not allow the use of unsolicited commercial email ("Spam") to promote products or services. Any Subscriber engaging in the sending of Spam through the Eaffy.com network or promoting information on websites hosted by Eaffy.com will be considered in breach of this Agreement and will be suspended from the Service immediately.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content, and behaviour prohibited by the Service:
Content that contains or contains links to nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to Eaffy.com account will result in immediate account suspension.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Website.com service, solution or technology.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).
Notices
You agree that, unless other instructions are posted on Eaffy.com's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Eaffy.com posted on the Eaffy.com website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Privacy
The Eaffy.com Privacy Policy sets out our obligations concerning the safeguarding, collection and use of Subscribers' personal information. The Eaffy.com Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://www.eaffy.com/privacy-policy/
Email newsletters will only be sent directly by Eaffy.com. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by Eaffy.com's designated customer review software provider for customer experience and service feedback.
Reservation of Rights
Eaffy.com reserves the right and sole discretion to:
Censor any website hosted on its servers that is deemed inappropriate.
Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
Terminate any account if the contents of its website result in, or are the subject of, legal action or threatened legal action against Eaffy.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Eaffy.com determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
Limitation of Liability
The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. Eaffy.com makes no representations or warranties, either expressed or implied, concerning the Service, or any service or information provided through the Service. Eaffy.com is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Eaffy.com.
In no event will Eaffy.com be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
Eaffy.com, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall Eaffy.com be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
Indemnification
You agree to indemnify and hold Eaffy.com, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Eaffy.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
Force Majeure
Eaffy.com will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
Age of Majority
Eaffy.com does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
Waiver
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
Entire Agreement
This Agreement, as may be updated from time to time and posted at https://www.eaffy.com/page/terms-and-conditions, represents the complete agreement and understanding between us concerning the Service and supersedes any other written or oral agreement.