Terms & Conditions
These terms of service (“Terms and Conditions”) are a legal agreement (“Agreement”) between you, either an individual or a single legal entity (“You” or “you”), and Jobet Infosecurity (“Provider”).
This Agreement sets forth the legally binding terms and conditions for your use of the various services operated by Provider, and any other features, content, or applications offered from by Provider in connection therewith, including, but not limited to, website integrity, monitoring, alerting, and cleanup. (“Services”).
By using Services in any manner, you represent that (1) you have read, understand, acknowledge, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with the company, and (3) you have the authority to enter into this Agreement personally or on behalf of the company you have named as the customer, and to bind that company to these terms.
If, after your acceptance of this Agreement, Provider finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Provider shall not be liable for any loss or damage resulting from Provider’s reliance on any instruction, notice, document or communication reasonably believed by Provider to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Provider reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
Acceptance of Terms
The Services is offered subject to acceptance without modification of the Terms and Conditions and all other operating rules, policies and procedures that may be published from time to time by Provider on his corporate Website.
In addition, some services offered through the Services may be subject to additional terms and conditions promulgated by Provider from time to time (the “Supplemental Terms”); your use of such services is subject to those Supplemental Terms, which are incorporated into these Terms and Conditions by this reference and are referred to collectively as the “Terms.”
If these Terms and Conditions are inconsistent with the Supplemental Terms for any Services, the Supplemental Terms will control with respect to that Services.
Modification
Provider may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting on the corporate Website. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Services. In addition, Provider may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your Account information current. Provider assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
Electronic Communications
When you visit the corporate Website or send e-mails to us, you are communicating with us electronically. By doing this, you consent to receive communications from us electronically. We will communicate with you via e-mail or by posting notices on the corporate Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT E-MAIL COMMUNICATION IS NOT SECURE, AND THEREFORE YOU AGREE THAT YOU MUST USE AN ENCRYPTED EMAIL SERVICE (protonmail.com) TO EXCHANGE ALL CREDENTIALS, TECHNICAL INFORMATION AND SERVICE SPECIFIC SUPPORT REQUESTS (INCLUDING BUT NOT LIMITED TO ANY MALWARE REMOVAL REQUESTS FOR COVERED WEBSITES (EACH, A “MALWARE REMOVAL REQUEST”).
Description of Services
Website Scanning and Detection. This Services offers a suite of tools to help manage the security of your websites, which may include:
- Website Malware Scanner that detects and reports website related malware threats;
- Website Indicators of Compromise (IoC) that analyzes your website for signs it has been compromised by an attack or if it has been infected with malicious software;
iii. Website Blacklisting that notifies you if your site is blacklisted;
- Website Server Side Scanner that checks your website files for security issues that might be missed by a remote scan;
- Website Uptime Monitoring that provides reporting to show whether your website is running or being affected by an incident;
By providing this Services to you, we may collect information such as your website IP address, website scan results, locale, API keys, and URLs necessary to enable the service.
Website Protection is a website firewall that blocks malicious traffic and attacks, including brute force attacks. By providing this Services to you, we may collect information such as IP addresses and request URLs, from site visitors and HTTP traffic.
Website Malware Removal is a combination of automated and manual analysis of files and databases used to identify and clear malicious code from websites. By providing this Services to you, we may temporarily store user credentials. Additionally, files and databases may be temporarily stored to perform manual restorations.
Website Backup allows you to create backup copies of your website content and specify how frequent the backups should occur. By providing this Services to you, we may collect information such as website data (files and databases, where applicable), data necessary to enable FTP services, and database credentials needed to access the data to backup or restore.
WordPress plugin & API Key
Using the Sucuri WordPress plugin does not require you to purchase a service subscription, nor is plugin required to utilize your Services. It is free to all WordPress users.
Sucuri WordPress plugin offers a set of security features for your website:
- Security Activity Auditing
- File Integrity Monitoring
iii. Remote Malware Scanning
- Blacklist Monitoring
- Effective Security Hardening
- Post-Hack Security Actions
vii. Security Notifications
The API key is required for preventing attackers from deleting audit logs that can help you investigate and recover after a hack, and allows the plugin to display statistics. The keys are free if you elect to use them. By generating an API key, Sucuri will collect and store anonymous data about your website. The key is used to authenticate the HTTP requests sent by the plugin to an API service managed by Sucuri. Sucuri will store the email address you provide as well as a copy of the audit logs generated by the server. You may retrieve the audit logs using the same email address at any time.
Depending on the Services you have purchased, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services during the term for which you have purchased a package (the “Services Term”) to use the Services for the websites included in such package (the “Covered Websites”). For purposes of this Agreement, a “Website” shall mean a collection of files and documents used to display content via the Internet to those who access its Uniform Resource Locator (“URL”).
Fees and Payment
You will be responsible for payment of the applicable fee (the “Services Subscription Fee”) at the time you sign our quote select your annual package (the “Services Commencement Date”). All fees must be paid by a PayPal account or by bank transfer.
Termination
You will have thirty (30) days from the Services Commencement Date or any Renewal Commencement Date to cancel the Services (the “Cancellation Period”), in which case the Provider will refund your Services Subscription Fee for the applicable Services Term provided that you have not submitted a Malware Removal Request during the Cancellation Period.
Intellectual Property
Except with respect to the Content, including Your Content, you agree that Provider and its suppliers own all rights, title and interest in the corporate Website, the Services and the Provider Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the corporate Website, the Services or the Provider Materials. Jobet Infosecurity, the Jobet Infosecurity logo, and/or other Jobet Infosecurity products referenced herein are trademarks of Jobet Infosecurity, may be registered in certain jurisdictions, and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the corporate Website or in connection with the Services are the property of their respective owners.
By submitting ideas, suggestions, documents and/or proposals to Provider through its suggestion, feedback, wiki, forum or similar web pages (“Feedback”), you agree that (1) your Feedback does not contain the confidential or proprietary information of third parties; (2) Provider is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (3) Provider shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; and (4) you are not entitled to any compensation or reimbursement of any kind from Provider for the Feedback under any circumstances.
Limited Warranty
If at any time during the Services Term, you submit a Malware Removal Request for a Covered Website that Provider determines is infected, Provider will use reasonable commercial efforts to clean the infected Covered Website. In the event that Provider is unable, for any reason, to clean the infected Covered Website, Provider will, as its sole and exclusive remedy, refund to you the annual fee you paid to the Provider for the clean-up of that Covered Website.
EXCEPT AS SET FORTH ABOVE, THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR COMPANY MATERIALS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS (THE “COMPANY PARTIES”) DO NOT WARRANT THAT: (A) THE SERVICE WILL PREVENT THE INFECTION, OR RE-INFECTION, OF THE COVERED WEBSITES; (B) THE COVERED WEBSITE WILL OPERATE AFTER IT HAS BEEN CLEANED BY COMPANY; (C) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS, THE COVERED WEBSITES, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THESE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUSIVE, COMPANY’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED, AT COMPANY’S OPTION, TO THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Third Party corporate Website
The corporate Website or the Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the corporate Website. When you access third party websites, you do so at your own risk. These other websites are not under Provider’s control, and you acknowledge that Provider is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Provider or any association with its operators. You further acknowledge and agree that Provider 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 content, goods or services available on or through any such website or resource.
Indemnification
BY USING THE SITES AND/OR THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD COMPANY PARTIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM COMPANY PARTIES AS A RESULT OF COMPANY’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY OF YOUR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF COMPANY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Submissions
You acknowledge and agree that all information, data, text, software, music, graphics, video, messages, tags or other materials submitted by users of the corporate Website or the Services (“Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not Provider, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the corporate Website or the Services (“Your Content”), and other users of the Services and not Provider are similarly responsible for all content they Make Available through the corporate Website or the Services. You also agree that you have obtained all necessary rights and licenses, and agree that Your Content shall be considered non-confidential. You agree to provide accurate and complete information in connection with your submission of Your Content on the Services. You hereby grant Provider a worldwide, irrevocable, royalty-free, nonexclusive license to use Your Content as part of the Services, without any compensation or obligation to you. Provider reserves the right to not use or publish Your Content, and to remove or edit any Your Content, at any time in its sole discretion without notice or liability.
Provider has the right, but not the obligation, to monitor any of Your Content that you Make Available on the corporate Website or the Services, to investigate any reported or apparent violation of this Agreement, and to take any action that Provider in its sole discretion deems appropriate, including, without limitation, termination.
Protection of Your Data
Servicess available to You that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Servicess. Your Data, for the purpose of this Section, excludes any Content. Our Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Servicess, is meant to provide you contractual assurance that we have robust mechanisms to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Servicess, meets with compliance under applicable data privacy laws.
For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of this Agreement at the time of purchase of Servicess or use of our free products, will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable).
Rules and Conduct
As a condition of your use of the Services, you agree that (a) you will follow Provider’s guidelines and recommendations on how to prevent reinfection of the Covered Websites, and (b) you will not use the Services for any purpose that is prohibited by the Terms or by applicable law. The Services (including, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics and interactive features generated, provided or otherwise made accessible by Provider or its partners on or though the Services or the corporate Website (“Provider Materials”) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) Make Available any of Your Content on or through the Services, that:
Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
Involves commercial activities and/or sales without Provider’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
Impersonates any person or entity, including any employee or representative of Provider.
You shall not attempt or engage in potentially harmful acts that are directed against the corporate Website or Services including, without limitation, the following: (a) Using the corporate Website or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to use your Account(s) or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the corporate Website or the Services; (g) violating or attempting to violate any security features of the corporate Website or the Services; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the corporate Website; (i) intentionally introducing viruses, worms, software, Trojan horses, or other similar harmful code into the corporate Website or the Services, outside of the infected Covered Websites; (j) interfering or attempting to interfere with the use of the corporate Website by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” “hacking,” “phishing,” or “crashing” the corporate Website or the Services; (k) causing, allowing or assisting machines, bots, or automated services to access or use the corporate Website or the Services without the express written permission of Provider; (l) tampering with the operation, functionality, or the security of the corporate Website or the Services; (m) attempting to override or circumvent any security or usage rules embedded into the corporate Website or the Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the corporate Website or the Services, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the corporate Website or the Services; (p) harvesting or collecting e-mail addresses or other contact information of other users or clients from the corporate Website or the Services by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the corporate Website or the Services; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the corporate Website or the Services; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (t) modifying, translating, or otherwise creating derivative works of any part of the corporate Website or the Services; or (u) copying, renting, leasing, distributing, or otherwise transferring any or all of the rights that you receive hereunder.
Violations of system or network security may result in civil or criminal liability. You acknowledge and agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
You further acknowledge and agree that in the event that Provider determines, in its sole discretion, that any of the Covered Websites include explicit pornography, bestiality, human trafficking, child pornography or violate any local, state, national or international law or regulation, Provider may immediately terminate this Agreement and refund a prorated portion of the Services Subscription Fee for the remainder of the Services Term.
Provider reserves the right to remove any Content, including Your Content, from the corporate Website or the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Provider is concerned that you may have violated these Terms), or for no reason at all.
Notwithstanding any other provision of these Terms or the Privacy Policy, Provider reserves the right, but has no obligation, to disclose any information that you submit or that Provider discovers in performing the Services, if in its sole opinion, Provider suspects or has reason to suspect, that the Covered Websites are involved in any way in activities that violate any local, state, national or international law or regulation. Information may be disclosed to authorities that Provider, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies or court officials. You hereby acknowledge and agree that Provider is permitted to make such disclosure.
DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section shall apply to all Disputes between you and Provider, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Provider arising under or relating to any Servicess, corporate Website, these Terms, or any other transaction involving you and Provider, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND COMPANY AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR COMPANY FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and Provider further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 15 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
(D) Dispute Notice. In the event of a Dispute, you or Provider must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Provider must be addressed to: GoDaddy Media Temple, Inc. d/b/a Sucuri, 6060 Center Dr. Suite 500, Los Angeles CA 90045, Attn.: Legal Department (the “Sucuri Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Provider and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Provider may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 15 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Los Angeles County, California, at your option.
(G) Initiation of Arbitration Proceeding. If either you or Provider decide to arbitrate a Dispute, we agree to the following procedure:
Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).
Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Servicess 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Provider or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Provider is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(I) Arbitration Fees and Payments.
Disputes involving $75,000 or less. Provider will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Provider’s last written settlement offer made before the arbitrator was appointed (“Provider’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Provider’s last written offer, Provider will: (i) pay the greater of the award or $1,000; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Provider agree on them.
Disputes involving more than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Disputes involving any amount. In any arbitration you commence, Provider will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Provider commences, Provider will pay all filing, AAA, and arbitrator’s fees and expenses. Provider will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not included in determining the amount in dispute.
(J) Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
(K) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY COMPANY BY E-MAILING LEGALOPTOUT@GODADDY.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in Sucuri’s Terms and Conditions.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in Provider’s Terms and Conditions. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Terms and Conditions. In the event that you opt-out consistent with the procedure set forth above, all other terms shall contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.
(L) Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Provider agree that if Provider makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Provider’s address) in these Terms, Provider will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
(M) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
(N) Exclusive Venue for Other Controversies. Provider and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.
Integration and Severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
General
International Users. The corporate Website can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Provider intends to announce such services or content in your country. The corporate Website and the Services are controlled and offered by Provider from its facilities in the United States of America. Provider makes no representations that the corporate Website or the Services are appropriate or available for use in other locations. Those who access or use the corporate Website or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Notice. Where Provider requires that you provide an e-mail address, you are responsible for providing Provider with your most current e-mail address. In the event that the last e-mail address you provided to Provider is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Provider’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Provider addressed to the attention of Chief Operating Officer, 6060 Center Dr. Suite 500, Los Angeles CA 90045. Such notice shall be deemed given when received by Provider by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail.
Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Provider’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.
English Language Controls. This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.