Terms of Service
Please read these Terms of Service carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
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Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
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Account means a unique account created for You to access our Service or parts of our Service.
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Country refers to the United States.
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Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms of Service) refers to Starter Tools LLC, 30 North Gould Street, Suite R, Sheridan, Wyoming, United States, which operates services under the Webyard brand.
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Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
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Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
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Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
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Orders mean a request by You to purchase, subscribe to, renew, or otherwise obtain a Service from Us.
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Promotions refer to contests, sweepstakes or other promotions offered through the Service.
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Service refers to the Website and the services offered by the Company under the Webyard brand, including hosting, domain-related services, client area access, support, webmail, hosting panel access, community forum access, and related services.
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Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
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Terms of Service (also referred to as "Terms") means these Terms of Service, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.
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Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
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Website refers to websites, portals, and online service interfaces operated by the Company under the Webyard brand, including https://webyard.io/ and its subdomains.
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms of Service govern Your access to and use of the Service and form the agreement between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.
You must be at least 18 years old, or the age of legal majority in Your jurisdiction, to create an Account, purchase Services, or enter into a Subscription with Us. If You are under the age of legal majority, You may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on Your behalf.
The Service is not directed to children under 13, and We do not knowingly allow children under 13 to create Accounts, purchase Services, or submit personal information through the Service.
Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Your use of the Service may also be subject to additional policies that apply to specific services, including Our Acceptable Use Policy and any rules or policies presented during checkout, in the client area, or in the community forum. Please read Our applicable policies carefully before using Our Service.
Orders and Payments
By placing an Order through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order through the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email address, Your phone number, Your billing address, and Your payment information.
You represent and warrant that: (i) You have the legal right to use any credit card, debit card, or other payment method in connection with any Order; and that (ii) the information You supply to Us is true, correct, complete, and current.
By submitting such information, You grant Us the right to provide the information to payment processing third parties and other service providers for purposes of facilitating the completion, billing, provisioning, renewal, and management of Your Order.
Order Refusal and Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including, but not limited to:
- Service availability
- Errors in the description or prices of Services
- Errors in Your Order
- Failure to complete payment or billing verification
- Fraud, abuse, unauthorized transactions, illegal activity, or prohibited or high-risk business, website, or service types
We reserve the right to refuse or cancel Your Order if fraud, abuse, an unauthorized transaction, an illegal transaction, or a prohibited or high-risk business, website, or service type is suspected.
Business and Website Suitability
Webyard is intended for ordinary websites, business websites, email, domains, web applications, and related hosting use. Some business, website, application, and service types are not suitable for Webyard because they create unusual legal, security, payment, abuse, reputational, or operational risk.
Prohibited business and website types
You may not use Webyard services for websites, businesses, applications, or services primarily involving:
- gambling, betting, casinos, lotteries, paid-entry sweepstakes, prediction markets, odds-making, prize-money gaming, or gambling-like prize promotions;
- adult sexual content, adult entertainment, adult services, escort services, or websites primarily intended for sexual content or sexual services;
- illegal drugs, controlled substances, drug marketplaces, or illegal drug-related activity;
- weapons, ammunition, explosives, dangerous materials, or facilitation of access to such items;
- phishing, malware, botnets, credential theft, hacking-for-hire, exploit sales, abuse infrastructure, or services primarily designed to enable unauthorized access or cyber abuse;
- fraudulent schemes, scam websites, fake investment opportunities, deceptive financial offers, pyramid schemes, Ponzi schemes, or similar misleading business models;
- counterfeit goods, piracy, illegal streaming, unauthorized downloads, warez, cracked software, or services primarily used to infringe intellectual property rights;
- targeted harassment, hate, extremist activity, violent threats, or unlawful discrimination;
- sexual exploitation of minors, human trafficking, or other severe unlawful exploitation.
Webyard may refuse, cancel, suspend, restrict, or terminate services where a website, business, application, or service falls within the categories above, or where Webyard reasonably believes a service is being used for those purposes.
High-risk or regulated business types
Some business, website, application, or service types are not automatically prohibited, but may require review, prior approval, additional verification, or a more appropriate service arrangement because they may create unusual legal, regulatory, payment, abuse, security, reputational, or operational risk.
Examples may include regulated financial services, cryptocurrency exchanges or token sales, investment or trading services, lending or credit services, health or medical services involving regulated claims or sensitive data, legal, tax, or immigration services involving regulated advice, proxy, VPN, traffic-relay, or anonymization services, large file-sharing or download services, large anonymous user-generated-content communities, high-risk affiliate or lead-generation sites, or services likely to generate unusual abuse complaints, chargebacks, legal notices, or security risk.
Webyard may refuse, review, restrict, suspend, or require prior approval for high-risk or regulated business, website, application, or service types, even if they are not specifically listed above.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings on the Service. The Services available through Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our Services on the Service and in Our advertising or other materials.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, service descriptions, screenshots, specifications, availability, features, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
Prices may change due to provider costs, registry fees, license fees, currency changes, taxes, regulatory requirements, or other factors outside Webyard's reasonable control. Any cancellation or refund eligibility related to an Order or Subscription is governed by the Refunds and Cancellations section of these Terms.
Payments
Payments may be one-time or recurring, depending on the Service, billing cycle, subscription, add-on, or other offering purchased.
Payment can be made through the payment methods made available at checkout or in the client area. Payment cards and other payment methods may be subject to validation checks and authorization by the payment provider, card issuer, bank, or other relevant third party. If We do not receive the required authorization or payment, We will not be liable for any delay, non-provisioning, suspension, or cancellation of the relevant Service.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew unless You cancel it or the Company cancels it, subject to these Terms and any applicable fee changes or service changes.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. Cancellation stops future renewal, but does not automatically refund the current billing period. Refund eligibility is governed by the Refunds and Cancellations section of these Terms.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method.
Should automatic billing fail to occur for any reason, the Company may issue an electronic invoice indicating that You must proceed manually by the due date shown on the invoice, with the full payment corresponding to the billing period indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds and Cancellations
New hosting plan refund window
New hosting plans may be cancelled within 14 days of the initial purchase date. If cancellation is requested within this period and the request is eligible under this section, Webyard will issue a refund of the hosting plan fee actually paid for that initial purchase.
This refund window applies only to the initial purchase of a new hosting plan. It does not apply to renewals, recurring charges, reactivations, plan changes, add-ons, domain services, third-party services, or services that were previously cancelled and reordered.
Webyard may limit the new hosting refund window to once per person, organization, payment method, or related account, unless Webyard approves otherwise.
Hosting purchased with migration assistance
If a new hosting plan is purchased as part of a website migration process, the refund request deadline will be the later of:
- 14 days after the initial hosting purchase, or
- 7 days after Webyard marks the migration as complete.
Webyard marks the migration as complete when Webyard notifies You that the migration is complete through the client area, support ticket, email, or another official communication channel.
This extended migration refund window applies only if the migration was requested within the first 14 days after the initial hosting purchase.
The extended migration refund window applies only if You provide the access, credentials, files, information, approvals, and cooperation reasonably needed for Webyard to perform the migration in a timely manner. Delays caused by missing, incorrect, or late information from You do not extend the refund window unless Webyard agrees otherwise.
Any refund under this migration refund window applies only to the hosting plan fee actually paid, not to separate paid services, third-party fees, domain fees, or custom work.
The extended migration refund window applies only once and only to the hosting plan purchased for that migration. It does not make custom work, migration work, troubleshooting, configuration, consultation, cleanup, repair work, or other personalized assistance separately refundable unless Webyard expressly agrees otherwise in writing.
If migration assistance is requested after the initial 14-day hosting refund window has expired, the hosting plan will not become refundable again because of that migration request.
Renewals and recurring charges
Renewals and recurring subscription charges are non-refundable except where required by law or where Webyard approves a refund because of a billing error, duplicate payment, or similar issue.
Cancelling a subscription stops future renewal, but does not automatically refund the current billing period.
A cancellation request and a refund request are not the same unless You clearly request both.
Custom services and personalized assistance
One-time payments for custom services or personalized staff assistance, including manual work, consultation, troubleshooting, migration-related work, configuration, repair, cleanup, or administrative work, are non-refundable once the work has started, except where required by law or expressly agreed otherwise in writing by Webyard.
Domains, third-party services, and pass-through fees
Domain registrations, domain renewals, domain transfers, redemption fees, registry fees, SSL certificates, software licenses, third-party services, provider fees, and similar pass-through costs are non-refundable once submitted, activated, processed, or provisioned, except where required by law or where Webyard receives a corresponding refund or reversal from the relevant provider, registry, or vendor.
Promotions, discounts, and credits
Refunds are limited to the amount actually paid for the refundable service. Promotional discounts, coupons, free service periods, bonus credits, goodwill credits, and similar non-cash benefits have no cash value and are not refundable.
If Webyard issues account credit, that credit may be used only for eligible future Webyard services and is not redeemable for cash unless required by law.
Abuse, violations, and misuse
Refunds are not available where the service is suspended, restricted, or terminated because of abuse, fraud, chargeback activity, non-payment, violation of these Terms, violation of any applicable Acceptable Use Policy, illegal activity, prohibited business or website activity, security risk, spam, malware, phishing, excessive resource abuse, or misuse of the Service.
Webyard may refuse a refund request if Webyard reasonably believes the refund policy is being abused, including repeated refund requests, related-account activity, use of multiple accounts to obtain repeated refunds, excessive resource usage, or use of the Service in a way that is not consistent with normal evaluation of a new hosting plan.
Your responsibility before cancellation
Before requesting cancellation or a refund, You are responsible for downloading, exporting, backing up, or moving any website files, databases, emails, backups, DNS records, configuration, account data, or other content You want to keep.
Cancellation of a hosting service may result in suspension, removal, deletion, or loss of access to the related hosting account and its data. Webyard is not responsible for data loss, website downtime, email interruption, DNS issues, domain-related service interruption, or other service interruption caused by cancellation requested by You.
If Your domain, website, email, DNS, or related services depend on a hosting service that You cancel, those services may stop working. You are responsible for updating DNS, nameservers, email routing, website configuration, or any other settings needed to keep Your domain and related services working elsewhere.
If Webyard migrated Your website or helped point Your domain to Webyard hosting, cancellation or refund of the hosting service does not include reverse migration, DNS restoration, transfer to another provider, or reconfiguration of third-party services unless Webyard separately agrees to provide that assistance.
Refund approval does not mean continued hosting access.
How to request cancellation or a refund
To request cancellation or a refund, You must submit a clear request through the Webyard client area, support system, or contact page. The request should identify the service You want to cancel and any relevant order, invoice, or account information.
A refund request is considered submitted when Webyard receives it through one of the official request methods listed above. The refund deadline is based on when Webyard receives the request, not when Webyard reviews or responds to it.
Webyard may refuse refund requests that do not meet the conditions in this section, to the extent permitted by applicable law.
How refunds are issued
Approved refunds are normally submitted for processing within 14 days after Webyard approves the refund request.
Refunds under the new hosting plan refund window are normally issued to the original payment method where possible. Discretionary refunds, goodwill refunds, or refunds where the original payment method is unavailable may be issued as account credit.
Approved refunds cover the refundable service fee actually paid to Webyard. Third-party charges, payment processor fees, bank fees, currency conversion costs, and similar charges may not be refundable.
Legal exceptions and discretionary refunds
Nothing in this section limits any refund, cancellation, or consumer right that cannot be excluded under applicable law.
Refund requests that fall outside the specific refund rights described in this section may be reviewed on a case-by-case basis and may be approved or denied at Webyard’s sole discretion, except where a refund is required by law or expressly required by these Terms.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.
If You create an Account or place an Order on behalf of another person, company, or organization, You represent that You have authority to bind that person, company, or organization to these Terms.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Social Login and Linked Accounts
If the Service allows You to sign in, connect, or otherwise interact with a Third-Party Social Media Service, You authorize the Company to access and use information made available by that Third-Party Social Media Service in accordance with Our Privacy Policy and Your settings with that Third-Party Social Media Service.
The Company does not control and is not responsible for the availability, accuracy, or content of any Third-Party Social Media Service, and Your relationship with that Third-Party Social Media Service is governed by its own terms and policies.
Content
Your Content
The Service may allow You to submit, upload, store, publish, send, or otherwise make Content available. You are responsible for the Content that You make available through the Service, including its legality, reliability, and appropriateness.
By submitting, uploading, storing, publishing, or otherwise making Content available through the Service, You grant Webyard the limited rights necessary to host, store, copy, transmit, display, process, back up, secure, and otherwise operate that Content solely as needed to provide, maintain, protect, and improve the Service, comply with law, and enforce these Terms.
You retain any rights You have in Your Content. Webyard does not claim ownership of Your Content. Content that You publish in public areas of the Service, such as the community forum, may be visible to other users or the public depending on the settings and functionality of that area.
You represent and warrant that: (i) the Content is Yours, or You have the right to use it and grant the limited rights described in these Terms; and (ii) Your Content and Your use of the Service do not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine-generated or randomly generated content, unauthorized or unsolicited advertising, chain letters, unauthorized solicitation, or other prohibited promotional activity.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to determine whether any Content is appropriate and complies with these Terms, and may refuse, remove, disable access to, restrict access to, or limit the availability of Content where appropriate. The Company can also limit, suspend, or revoke use of the Service if You make objectionable Content available or otherwise violate these Terms.
As the Company cannot control all content made available by users or third parties through the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
Content Backups
Webyard may perform backups of certain systems or services, but backups are not guaranteed unless expressly included with the specific Service You purchased.
Backups may be incomplete, unavailable, corrupted, failed, overwritten, or otherwise unsuitable for restoration. You acknowledge that Webyard has no liability related to the integrity of backups or the failure to successfully restore Content to a usable state, except where required by law or expressly stated otherwise in the applicable Service description, plan details, or service-specific terms.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content made available through the Service infringes a copyright or other intellectual property right of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- 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 owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at [email protected].
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of the United States and other countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, services, or materials available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Links from a Third-Party Social Media Service
The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your access to or use of any Third-Party Social Media Service, including any content, products, services, or materials made available through them. Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service's terms and privacy policies.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account or cancel a Subscription, You must use the cancellation options available in Your Account settings or contact Webyard. Simply discontinuing use of the Service does not cancel an active Subscription or stop future billing unless cancellation is completed in accordance with these Terms.
If We terminate Your Subscription for convenience (and not due to Your breach), We will refund any prepaid fees covering the remainder of the term of the Subscription after the effective date of termination. In no event will any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
These Terms and Your use of the Service are governed by the laws of the State of Wyoming and, where applicable, the laws of the United States, without regard to conflict of law rules. Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If you have any questions about these Terms of Service, You can contact us:
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By visiting this page on our website: https://webyard.io/contact/
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By mail: 30 North Gould Street, Suite R, Sheridan, Wyoming 82801, United States
