TERMS AND CONDITIONS OF SERVICE
BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY Wired Data Techs, LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from Wired Data Techs confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR Wired Data Techs MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR Wired Data Techs MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.
For the purposes of this Agreement:
1.1. “Wired Data Techs’s Equipment” shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by Wired Data Techs and/or Wired Data Techs’s affiliates, agents, or assigns which provide the Wired Data Techs, LLC Services.
1.2. “Wired Data Techs”, “us,” “we,” “our” and grammatical variants thereof shall collectively refer to Wired Data Techs, LLC , a corporation organized and existing under the laws of the State of Delaware, United States of America, located at Two Logan Square 100 N 18th St, Ste 400, Philadelphia, PA 19103 U.S.A. and its assigns and successors in interest.
1.3. “Wired Data Techs, LLC Services” shall mean the products and services provided by Wired Data Techs and/or Wired Data Techs’s affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in Wired Data Techs’s sole discretion.
1.4. “Wired Data Techs Software” shall mean any software provided by Wired Data Techs at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the Wired Data Techs, LLC Services. The Wired Data Techs Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
1.5. “Bandwidth” shall refer to the rate of data transmission in bits per second using Wired Data Techs’s Equipment.
1.6. “Content” shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.
1.7. “Customer Service” shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.
1.8. “Designated Agent” shall mean an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf.
1.9. “Fee” shall mean monies and other consideration you are obligated to pay to Wired Data Techs for the right to use the Wired Data Techs, LLC Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular Wired Data Techs, LLC Services for which you have registered, as outlined on the then-current schedule of fees.
1.10. “Fee Schedule” shall mean the fees for the Wired Data Techs, LLC Services as published on the Wired Data Techs website, which may be modified at any time in Wired Data Techs’s sole discretion pursuant to the provisions of 23.1.
1.11. “International Customers” shall mean customers residing in or accessing the Wired Data Techs, LLC Services from outside of the United States and Canada.
1.12. “Material Change” means a non-typographical correction. The following will be considered Material Changes:
a) A change to the domain name owner’s name or organization that does not appear to be merely a typographical correction;
b) Any change to the domain name owner’s name or organization that is accompanied by a change of address or phone number; and
c) Any change to the domain name owner’s email address.
1.13. “Laws” shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Wired Data Techs, LLC Services and the laws of any provinces, states or dependencies thereof.
1.14. “Parties” shall collectively refer to Wired Data Techs and you.
1.15. “Payment Account” shall refer to the credit card or Pay Pal account provided by You upon registration to pay for Your Services. Wired Data Techs may add, delete, or modify the methods by which customers can pay for the Wired Data Techs, LLC Services at any time without prior notice, in its sole discretion. Payments processed by Pay Pal are subject to Pay Pal’s terms and conditions of service, and Wired Data Techs makes no representations or warranties with respect to those services.
1.16. “Suspend” or “Suspension” shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.
1.17. “Technical Support” shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.
1.18. “Web Site Space” shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by Wired Data Techs’s web server equipment.
1.19. “You”, “your” and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
1.20. “Your Data” shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of the Wired Data Techs, LLC Services and stored on or transmitted by the Wired Data Techs Equipment.
1.21. “Your Web Site” shall mean data transmittable via the Internet by Wired Data Techs which is stored in your Web Site Space.
1.22. “Your Services” shall mean the specific Wired Data Techs, LLC Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Wired Data Techs, LLC Services pursuant to the current Fee Schedule.