GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services, including any content you submit, will be for commercial or professional use and will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services in a manner (as determined by The Valley List in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages, or engages in child pornography or the exploitation of children;
- Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages, or engages in any spam or other unsolicited bulk email or computer or network hacking or cracking;
- Promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners, or other code, files, or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware; or
- Contains false or deceptive language or unsubstantiated or comparative claims regarding The Valley List or The Valley List’s Services.
- You will not copy or distribute any part of this Site or the Services in any medium except where expressly authorized by The Valley List.
- You will not modify or alter any part of this Site, the Services found at it, or any related technologies.
- You will not access The Valley List Content (as defined below) or User Content through any technology other than this Site or as The Valley List may designate.
- You agree to back up all of your User Content so that you can access and use it when needed. The Valley List does not warrant that it backs up any Account or User Content, and you agree to accept the loss of any and all of your User Content as a risk.
- You will not re-sell or provide the Services for a commercial purpose, including any of The Valley List’s related technologies, without The Valley List’s express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for identity verification when requested.
- You are aware that The Valley List may, from time to time, call you about your account. You will be informed about such recording purposes, and any other information will be provided as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which The Valley List is a party.
The Valley List reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
YOUR USE OF THE VALLEY LIST CONTENT AND USER CONTENT
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account.
User Intellectual Property. You shall own all intellectual property pertaining to User Content and to any other materials created, developed, or connected to Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text, and literary works.
By posting or publishing User Content or User Intellectual Property to this Site or to the Services, you represent and warrant to The Valley List that (i) you have all necessary rights to distribute User Content or User Intellectual Property via this Site or the Services, either because you are the author of the User Content or User Intellectual Property and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content or User Intellectual Property, and (ii) the User Content or User Intellectual Property does not violate the rights of any third party. User shall be solely responsible for any and all consequences (including any damages) and requirements for using User Content or User Intellectual Property.
Security. You agree not to circumvent, disable, or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict the use or copying of any The Valley List Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, The Valley List Content or the User Content therein.
ACCOUNT TERMINATION POLICY
The Valley List generally does not pre-screen User Content (posted to a website hosted by The Valley List). However, The Valley List reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. The Valley List may remove any item of User Content (posted to a website hosted by The Valley List and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by The Valley List in its sole and absolute discretion), at any time and without prior notice.
The Valley List may also terminate a User’s access to this Site, the Services, or the Account (at The Valley List’s sole discretion) without notice if: (i) The Valley List notices or is informed that the Site or the Services are used in a manner that promotes, encourages or engages in child pornography, the exploitation of children or terrorism, or (ii) The Valley List has reason to believe the User is a repeat offender. If The Valley List terminates your access to this Site, Services, or the Account, The Valley List may, in its sole and absolute discretion, remove and destroy any data and files you store on its servers. Please note that using one Service for illegal activity mentioned herein does not limit The Valley List’s right to terminate the User’s Account.
ADDITIONAL RESERVATION OF RIGHTS
The Valley List expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify (including access to or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by The Valley List in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by The Valley List in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, to prevent activities that threaten the stability of our network and/or servers, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of The Valley List, its officers, directors, employees and agents, as well as The Valley List ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue The Valley List.
The Valley List expressly reserves the right to terminate, without notice to you, any and all Services where, in The Valley List’s sole discretion, you are harassing or threatening The Valley List and/or any of The Valley List’s employees.
The Valley List expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via phone, email or ticketing system or any other way described in Customer Service Policy. The Valley List shall not be liable for any loss or damage from such actions.
NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are thoroughly investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (aka “adware” or “spyware” messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
We will not allow our servers and services to be used for the abovementioned purposes. To use our products and services, you must abide by all applicable laws and regulations and this no-spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any website hosting, domain registration, email boxes, or other applicable services until the customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. If we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of emails generated from our products and services to report suspected spam. Suspected abuse can be reported by emailing [email protected].
Liquidated Damages. You agree that we may immediately terminate any Account that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
You agree to protect, defend, indemnify, and hold harmless The Valley List and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by The Valley List directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
DISCONTINUED SERVICES; END OF LIFE POLICY
The Valley List reserves the right to cease offering or providing any Services at any time, for any or no reason, and without prior notice. Although The Valley List makes excellent efforts to maximize the lifespan of all its services, there are times when a service we offer will be discontinued or reach its end-of-life (“EOL”). If that is the case, that product or service will no longer be supported by The Valley List in any way, effective on the EOL date.
Notice and Migration. If any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days before the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date or by entirely ceasing reliance on it before the EOL date. In either case, The Valley List will offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit or a prorated refund, to be determined by The Valley List in its sole and absolute discretion. The Valley List may, with or without notice, migrate you to the most up-to-date Service version if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. The Valley List will not be liable to you or any third party for any modification, suspension, or discontinuance of any Services we may offer or facilitate access to.
FEES AND PAYMENTS
- Payment terms are net 30 unless otherwise specified on invoices.
- Initial deposit, if any, shall be due before any services are provided.
- Renewal prices are subject to change.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
By purchasing our Services, you agree to provide correct and full payment-related information. Any claims or refund requests will be handled only if they are provided not later than within 14 days of the date of purchase unless applicable laws provide otherwise.
If you use automatic payments, you must keep an updated payment method attached to your billing account. If your payment method does not work, you will automatically be notified by our billing system that your payment failed. If your payment method is not updated within 30 days, our staff will contact you for payment arrangements to ensure your Services keep running. After 45 days, late fees are added to your invoice, and another attempt to contact you occurs. After services have not been paid for 60 days, your services will automatically be suspended and may be terminated at the discretion of The Valley List. The Valley List retains the right to suspend and/or terminate services until all delinquent invoices are paid in full. Re-activation fees may apply.
You agree to pay any and all prices and fees due for Services purchased or obtained from The Valley List when you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. The Valley List expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal, as further described below. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. You acknowledge and agree that where refunds are issued to your Payment Method, The Valley List’s issuance of a refund receipt is only confirmation that The Valley List has submitted your refund to the Payment Method charged at the time of the original sale and that The Valley List has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund and that such refund posting time frames may range from five (5) business days to a full billing cycle or longer. In the event a refund is issued to your Payment Method and the payment provider, payment processor, or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to limitations as to the timing of the refund or the number of refunds allowed, then The Valley List, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. The Valley List also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. To avoid doubt, any and all refunds processed via the issuance of in-store credits are solely within The Valley List’s discretion and are not available at customer request. To ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent service period, except for domain names, which will renew for the original service period. For example, if your last service period is one year for products other than domains, your renewal period will be one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, The Valley List will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with The Valley List at The Valley List’s then-current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. You may enable or disable the automatic renewal option at any time. However, should you disable the automatic renewal option and fail to renew your Services before they expire manually, you may experience an interruption or loss of Services. The Valley List shall not be liable to you or any third party regarding the same. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so may result in the interruption or loss of Services, and The Valley List shall not be liable to you or any third party regarding the same. If, for any reason, The Valley List is unable to charge your Payment Method for the full amount owed for the Services provided, or if The Valley List receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that The Valley List may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. The Valley List also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks The Valley List may perform outside the normal scope of its Services, (ii) additional time and/or costs The Valley List may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by The Valley List in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to, (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by The Valley List staff or by outside firms retained by The Valley List; (iii) recouping any and all costs and fees, including the cost of Services, incurred by The Valley List as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative or processing fees will be billed to the Payment Method you have on file with The Valley List.
Refund Policy: Products and Services available for refunds are described here (“Refund Policy”). For products and services eligible for a refund, you may request a full refund within thirty (14) days of purchase (“Refund Period”).
You will not be eligible for more than one refund of the same product.
COMPLIANCE WITH LOCAL LAWS
The Valley List makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Attention to: The Valley List LLC
11 Watertown Rd, Waterford, Ohio, 45786