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Terms Of Service

AccuRATEShip® TERMS OF USE AND PRIVACY POLICY

THE FOLLOWING ARE THE TERMS AND CONDITIONS FOR THE USE OF THE AccuRATEShip® SERVICE (THE “SERVICE”) WHICH IS OWNED AND PROVIDED BY WEB.COM GROUP, INC. (“WEB.COM”). THE PERSON WHO HAS CREATED AN ACCOUNT (THE “LICENSEE”) FOR THE USE OF THE SERVICE MUST CAREFULLY READ ALL OF THE TERMS OF USE CONTAINED HEREIN (THE “AGREEMENT”) BEFORE CONSENTING TO SUCH TERMS BY CLICKING THE “I ACCEPT” BUTTON BELOW. BY CLICKING THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, THE LICENSEE IS STATING THAT THEY ARE ELIGIBLE FOR AN ACCOUNT AND THAT LICENSEE AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SERVICE.

1. METHOD OF ACCEPTANCE. Licensee agrees that by clicking the “I Accept” button below, Licensee is accepting the following terms and conditions for use of the Service. Licensee further agrees that if they do not agree with any of the following terms and conditions, they shall promptly exit the Service.

2. MEMBER ACCOUNT, PASSWORD, AND SECURITY. To register for the Service, Licensee must complete the online registration process by providing Web.com with current, complete and accurate information as prompted, including e-mail address and a password for use with the Service. Licensee is entirely responsible for any and all activity that occurs under Licensee’s account. Licensee agrees to notify Web.com immediately of any unauthorized use of Licensee’s account or any other breach of security.

3. SERVICE. The Service description for the Service can be found at www.AccuRATEship.com (the “AccuRATEShip Website”). Subject to Licensee’s compliance with this Agreement, the Service will be provided in accordance with Web.com’ then current specifications. Web.com may make modifications, improvements and/or changes to the Service at any time. A reasonable effort will be made to keep the Service available 24 hours a day, 7 days a week, but Web.com makes no guarantee of the Service’s availability at any certain times or for any certain amount of time. Web.com does not warrant that the functions contained in the Service will meet Licensee’s requirements, that the operation of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Web.com does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. Licensee specifically acknowledges and agrees that Web.com shall not be responsible for unauthorized access to or alteration of Licensee data.

4. PROPRIETARY RIGHTS. All aspects of the Service, such as title, ownership rights, intellectual property rights, and any accompanying documentation are owned by Web.com and are protected by copyright and trademark laws. This License is not a sale of any aspects of the Service, any Software, content, code or any of the relevant documentation. Furthermore, Licensee will not acquire any rights to Web.coms’ goodwill, trademark, copyright or other property of Web.com.

5. LICENSE RESTRICTIONS.

a. Web.com hereby grants, and Licensee hereby accepts, a non-transferable, non-exclusive, non-sublicensable worldwide license, during the Term, to use the Service provided and/or made available by Web.com to Licensee. Licensee may not distribute, resell or otherwise provide the Service to any other person or entity. Licensee further acknowledges and agrees that the Service and any documentation or other information that Licensee is provided in connection therewith constitutes or contains valuable intellectual property and proprietary and confidential information of Web.com (collectively, “Proprietary Property”), and that Web.com is providing access and use of the Proprietary Property under a duty of Confidentiality. Licensee agrees not to (i) use or allow others to use the Proprietary Property in any manner not authorized under this Agreement, (ii) disclose the Proprietary Property except as authorized under this Agreement, (iii) reverse engineer, decompile, disassemble, or attempt to obtain the source code for any Proprietary Property, or (iv) use the Proprietary Property to create any product, service or system that competes with the Service, except as expressly provided for in this Agreement. Licensee further agrees to use the Service only for its own internal purposes.

b. Licensee does not have the right to transfer this license to another party without the specific written permission of Web.com. Licensee acknowledges that the Service and all related programs, features and/or applications provided by Web.com to Licensee are NOT to be considered “works made for hire” under the 1976 Copyright Act.

c. Licensee acknowledges and agrees that Web.com retains all right, title, and interest in and to any materials provided to Licensee by Web.com in conjunction with the Service, and all intellectual property relating to any of the foregoing, including but not limited to, copyrights, patents, and trademarks.

6. FEES AND PAYMENTS.

a. Licensee shall make payments to Web.com for the use of the Service pursuant to the AccuRATEShip Fee Schedule (the “Fee Schedule”) which is available at the AccuRATEShip Website, and is hereby incorporated by reference. Web.com may change the Fee Schedule from time to time. Such changes to the Fee Schedule are effective after Web.com provide Licensee with at least thirty (30) days notice of the changes by posting the changes on the web site. Unless otherwise stated, all fees are quoted in U.S. Dollars. Licensee is responsible for paying all fees associated with using the Service.

b. Licensee shall to provide valid credit card information upon the creation of a new account for the use of Service. Licensee agrees to update this credit card information, as needed, and to allow the use of said credit card for the payment of fees for use of the Service. If Licensee provides Web.com with a credit card that expires during the term of this Agreement, Web.com reserves the right to charge any renewal card issued to Licensee as a replacement. In the event that Licensee fails to remit adequate payment for the Service at any time, Web.com will immediately have the right to terminate Licensee’s use of the Service and cease Licensee’s access to the Service. Web.com reserves the right to deactivate accounts and/or access to the Service for failure to pay or refused credit cards. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys’ fees) incurred by Web.com will be included in the amount owed.

7. LICENSEE REPRESENTATIONS AND WARRANTIES.

Licensee acknowledges, warrants, and represents as follows:

a. To Licensee’s knowledge, there is no action, proceeding, or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of the Agreement.

b. Neither the execution of the Agreement nor the consummation by Licensee of the transactions contemplated by the Agreement will (i) conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default, or result in a termination of, any agreement or instrument to which the Licensee is a party, (ii) violate any restriction to which Licensee is subject, or (iii) constitute a violation of any Applicable Laws.

c. Licensee has taken all actions required by Applicable Law, and have obtained all consents which are necessary to authorize or enable them to execute the Agreement and to consummate the transactions contemplated in the Agreement.

d. Licensee is to obey all Copyright and other applicable laws. Web.com will not be responsible if Licensee provides or uses another party’s protected material in violation of Copyright or other applicable laws.

8. PRIVACY POLICY. Web.com is firmly committed to the privacy of all Licensees. The following is Web.com’ Privacy Policy for Licensees using the Service. Web.com may from time to time change this policy in its sole discretion by either delivering the modified policy to the individual Licensees or posting the modified policy on the AccuRATEShip Website.

A. When Licensee registers with the Service, Licensees are required to provide contact information (such as name and e-mail address) and financial information (such as credit card numbers). Personal and financial information that is collected is used to check the Licensee’s qualifications for registration and to bill the Licensee for use of the Service. Web.com may use this information to (1) check Licensee’s qualifications for registration, (2) bill Licensee for use of the Service, (3) contact Licensee when necessary, (4) send Licensee information about the Service, and (5) send Licensee promotional materials.

B. During Licensee’s use of the Service, Web.com collects statistical information related to Licensee’s use of the Service. Web.com generally uses this statistical information as necessary to: (1) provide the Service; (2) improve the Service; (3) troubleshoot any Service problems; and (4) market the Service.

C. Licensees’ information is protected to a certain degree by usernames and passwords, and as such Licensees are not to disclose these to unauthorized persons. To further ensure this privacy, the Service is protected by industry standard security technology, such as firewalls and security analyzers using SSL encryption to protect transmission of data.

D. Web.com will not rent, sell or otherwise disclose any personal information about Licensee to any third parties unless it is expressly authorized by the Licensee or Web.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Web.com; (3) enforce this Policy; (4) improve the Service; or (5) troubleshoot any Service problems.

E. Web.com will not rent, sell or otherwise disclose the individual statistical information compiled with regards to a Licensee’s use of the Service to any third parties unless it is expressly authorized by the Licensee or Web.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Web.com; (3) enforce this Policy; (4) improve the Service; or (5) troubleshoot any Service problems.

F. Web.com may, at its discretion, disclose the statistical information compiled with regards to a Licensee’s use of the Service to third parties provided that such information is disclosed in a blind and/or aggregate form, and in no event will Web.com disclose statistics of an individual Licensee without Licensee’s express written permission. Web.com may also provide traffic information in aggregate form to third parties; however, Web.com will not disclose statistics of an individual Licensee without Licensee’s express written permission.

G. Cookies are pieces of information that a web site transfers to Licensee’s computer’s hard disk for record-keeping purposes. Cookies can make a web site more useful by personalizing information for visitors and by storing information about Licensee’s preferences on a particular site. The use of cookies is an industry standard, and many major web sites use them to provide useful features for their customers. It is Web.com’ policy to use cookies only to: (1) identify Licensee; (2) customize the Service for Licensees; and (3) help improve navigation. Most browsers are initially set up to accept cookies. If Licensee would prefer, Licensee can set their browser to reject cookies. However, Licensee will not be able to take full advantage of the AccuRATEShip Website if they do so. Licensee’s visitors can also reject cookies. If a visitor to Licensee’s web site rejects cookies, the Service may only capture a subset of the information necessary to generate all traffic reports.

9. INDEMNIFICATION.

a. Licensee hereby agrees to indemnify, defend, and hold harmless Web.com against, and agree to pay and hold harmless Web.com for all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, settlements, out-of-pocket costs, expenses and disbursements (including reasonable costs of investigation, and reasonable attorneys, accountants and expert witness fees), of whatsoever kind and nature that are imposed on or incurred by Web.com as a consequence of or in connection with (i) any material misrepresentation by Licensee, (ii) any breach by Licensee of a warranty or covenant contained herein, or (iii) any failure by Licensee to perform in accordance with this Agreement.

b. Web.com agrees to (i) notify Licensee in writing promptly after the Web.com becomes aware of such claim, (ii) give Licensee sole control of the settlement, compromise, negotiation, and defense of any such action (provided that Licensee may not agree to any settlement that involves injunctive or equitable relief affecting the Web.com or admission of liability by the Web.com without obtaining the Web.com’s prior written consent), and (iii) cooperate reasonably and in good faith in the defense of any such legal action. In connection with any such third party claim, Web.com may, at its election and expense, have the right to participate in the defense of such claim. Additionally, Licensee agrees to give prompt written notice to Web.com upon the receipt of notice of any claim by a third party against Licensee which might give rise to a claim against Web.com stating the nature and the basis of such claim and, if ascertainable, the amount thereof.

10. EXCLUSIONS AND LIMITATIONS OF LIABILITY

a. THE SERVICE IS HEREBY PROVIDED TO LICENSEE ON AN “AS IS” BASIS. NO REPRESENTATION OR WARRANTY MADE UNDER THIS AGREEMENT APPLIES TO THE EFFECT OF ANY CONDITION OUTSIDE THE REASONABLE CONTROL OF WEB.COM, INCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION, ANY (I) FAILURE IN TELECOMMUNICATIONS, (II) FAILURE BY LICENSEE TO COMPLY WITH THIS AGREEMENT, OR (III) CONDITION IN, OR COMBINATION OF ANY SERVICE, SOFTWARE, HARDWARE, SYSTEM, EQUIPMENT, PROCESS, METHOD, DATA OR INFORMATION USED OR PROVIDED BY WEB.COM OR ANY THIRD PARTY.

b. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY WEB.COM, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WEB.COM DOES NOT WARRANT THAT THE SERVICE WILL MEET LICENSEE’S NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE.

c. WEB.COM WILL NOT BE LIABLE TO LICENSEE OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WEB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. EXCLUSIVE REMEDY. If the above limitations are excluded or invalidated for any reason, Web.com’ cumulative liability to Licensee or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the License fees paid by Licensee to Web.com for use of the Service.

12. TERM AND TERMINATION.

a. This License is effective until terminated by Web.com or Licensee in accordance with this Section. Web.com may terminate Licensee’s account at any time and for any reason. Unless otherwise terminated by Web.com, Licensee will be obligated to continue this Agreement for the term selected by Licensee on the AccuRATEShip Website, if any. Otherwise, Licensee may terminate this License at any time by canceling their AccuRATEShip™ account. If Licensee terminates their account by canceling account they will be responsible for all final payments up through the date of termination.

b. Any outstanding balance for services rendered through the date of termination or any other payment obligations during the remainder of the Term of this Agreement unpaid at termination will be immediately due and payable upon termination of this Agreement. Upon termination, Licensee is to destroy all documentation relating to the Service or return said documentation to Web.com.

13. MODIFICATION. Web.com reserves the right to change its Service terms and conditions at any time and to notify Licensee by posting an updated version of the terms and conditions on the AccuRATEShip Website. Licensee is responsible for regularly reviewing the terms and conditions related to the Service. Continued use of the Service after any such changes shall constitute Licensee’s consent to such changes. Otherwise, this Agreement may not be amended except by an instrument signed in writing on behalf of each of the parties hereto. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.

14. NOTICE. Unless otherwise stipulated herein, any notice required or permitted hereunder shall be in writing and shall be delivered as follows (with notice deemed given as indicated): (i) by personal delivery; (ii) by established overnight courier upon written verification of receipt; (iii) by facsimile transmission; or (iv) by certified or registered mail, return receipt requested, upon verification of receipt. Notices are to be sent to Web.com at the address set forth above and/or on the AccuRATEShip Website and to Licensee via the address used to establish Licensee’s AccuRATEShip account.

15. HEADINGS AND INTERPRETATION. The Section headings of the Agreement are intended for reference and may not by themselves determine the construction or interpretation of the Agreement. They are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of the Agreement. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender and number as the text of the Agreement may require. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neutral as the context requires

16. WAIVER AND ENFORCEABILITY. The waiver of any breach of any provision of the Agreement will not operate or be construed as a waiver of any subsequent breach of the same or other provision of the Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.

17. ENTIRE AGREEMENT. Except as otherwise stipulated herein, in the registration process or otherwise on the AccuRATEShip Website, this Agreement represents the entire understanding among the parties with respect to the subject matter of this Agreement, and as such this Agreement supersedes any and all prior understandings, agreements, or obligations.

18. ASSIGNMENT. Licensee shall not have the right to assign their respective rights and obligations arising under the Agreement without the written consent of Web.com. Any attempt by Licensee to assign their respective rights and obligations arising under the Agreement, without the written consent of Web.com shall be null and void.

19. GOVERNING LAW AND VENUE. The laws of the State of Florida govern this Agreement, without reference to its choice of law principles. This Agreement and any disputes relating hereto shall be governed by and construed in all respects, including validity, interpretation, and effect, in accordance with the laws of the State of Florida, and the parties agree that venue and jurisdiction for any disputes lies exclusively in Duval County, Florida, and Licensee hereby submits to personal jurisdiction in Duval County, Florida and waives any defense based on venue, jurisdiction, and forum non conveniens. If either party brings any action to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation.

20. LICENSEE ACKNOWLEDGEMENT. LICENSEE ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT IT SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN LICENSEE AND WEB.COM RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

ANY QUESTIONS CONCERNING THE SERVICE AND/OR THIS AGREEMENT SHOULD BE REFERRED TO WEB.COM AT THE FOLLOWING ADDRESS: Web.com Group, Inc., 12808 Gran Bay Parkway West, Jacksonville, FL 32258

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