Welcome to the Endurance International Group, Inc. (“Endurance”) website located at www.enduranceinternational.com (the “Site”). By using this Site, you agree that you have read, understand and agree to the terms and conditions below (the “Terms”). If you do not agree to be bound by these Terms, please do not access or use the Site. We may modify, add or delete portions of the Terms at any time. In agreeing to these Terms, you are responsible for periodically checking for changes and/or updates to these Terms. Notwithstanding the foregoing, we will endeavor to notify you that we have made changes to the Terms by posting such changes on the Site . Any revisions to the Terms will become effective upon posting. Your continued use of the Site after any change constitutes your agreement to follow and be bound by the Terms as modified. If any change is unacceptable to you, please discontinue your use of the Site. These Terms shall remain in full force and effect while you use the Site. Your use of the Site (and any other feature, content or application offered from time to time by the Site) is subject at all times to these Terms (as modified by us from time to time) and all applicable laws, rules and regulations.
In order to participate in certain Site services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms.
Permitted Uses of the Site and Copyright and Trademark Notice
This Site is not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 18. All content available on the Site, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (collectively, "Site Content"), are the proprietary property of Endurance. The Site Content is provided as information to interested persons, may be used for informational and personal purposes only and is not intended for commercial use. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in these Terms. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Site Content. Any use of the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Site and the Site Content granted herein. All rights of Endurance or its licensors that are not expressly granted in these Terms are reserved to Endurance and its licensors.
Our privacy statement (the “Privacy Statement”), which you may view here, is incorporated herein by reference and also applies to your use of this Site.
The Site may contain links to other websites that are not owned or controlled by Endurance ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, or available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
You acknowledge and agree that any use of the Site, including any information or content obtained through the Site, is at your own risk. This Site, its contents, and all information contained in or offered through this Site are provided on an “as is” basis without representations or warranties of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Site. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Site. We make no warranties or representations that your use of content and information posted on this Site will not infringe rights of third parties.
You agree to indemnify, defend and hold harmless Endurance, its affiliates and subsidiaries, and each of their respective officers, directors, employees and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Site, (ii) any breach or violation by you of these Terms; and/or (iii) any of your acts or omissions. The terms of this section shall survive any termination of these Terms.
Limitation of Liability
IN NO EVENT WILL ENDURANCE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SITE, EVEN IF ENDURANCE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENDURANCE’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR USE OF THE SITE OR $10.00. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Termination of Access. In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
Digital Millennium Copyright Act (“DMCA”) Notice
We are committed to complying with copyright and related laws, and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
If you feel that any content is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- • A description of the copyrighted work or other intellectual property that you claim has been infringed
- • A description of where the material that you claim is infringing is located on the Site
- • Your address, telephone number and email address
- • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
- • A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: The Endurance International Group, Inc.
10 Corporate Drive, Suite 300
Burlington, MA 01803
Attn: David C. Bryson, Esq.
By Email: email@example.com
Subject line: DMCA
U.S. Export Controls
Software made available to you by the Site (the "Software") is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Any controversy or claim arising out of or relating to these Terms and/or your use of the Site, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts, regardless of your location, without regard to its conflicts of law provisions.
You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of these Terms. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in Boston, Massachusetts. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Endurance will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against Endurance in violation of this paragraph, you agree to pay Endurance’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
If any portion of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining portions (unless otherwise specified) thereof shall remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms and your use of the Site are personal to you and may not be transferred or assigned. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
Please contact us at: firstname.lastname@example.org with any questions regarding these Terms.
These Terms were last updated on July 20, 2013.