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通用服务条款协议最后修订日期:2022 年 04 月 02 日请仔细阅读本通用服务条款协议,因为它包含有关您合法权利和补充条款的重要信息。 1.概述
术语"我们"、"我们的"指的是 conmeng。术语"您"、"您的"、"用户"或"客户"指的是接受本协议的任何个人或实体(并可访问您的账户或使用服务)。本协议中的任何条款都不可被视为授予第三方权利或权益。 2.协议、网站或服务的修改 conmeng 拥有唯一及绝对的酌情权,可以随时变更或修改本协议、本协议内加入的任何政策或协议条款,此类变更或修改在发布到本网站时立即生效。如果您在此类变更或修改后使用了本网站或服务,则表明您接受最后修订的本协议。如果您不同意遵守最后修订的本协议,请停止使用(或继续使用)本网站或服务。另外,conmeng 可能会不定期地以电子邮件方式通知您有关本协议的变更或修改。因此,请务必确保您的购买人账户("账户")信息为最新信息。如果由于您提供的电子邮件地址不准确而导致您未能收到我们的电子邮件,则 conmeng 对此不承担任何义务或责任。此外,conmeng 可能会因您违反或违反本协议的任何条款而终止您对服务的使用。conmeng 保留对本网站或服务的任何方面随时进行修改、更改或终止的权利,其中包括但不限于相关方面的价格及费用。 3.资格;权威性 本网站和服务仅适用于根据适用法律可以形成具有法律约束力协议的个人("用户")。使用本网站或服务,您即声明并保证您 (i) 至少年满十八 (18) 岁,(ii) 此外可视为能够在适用法律下遵守具有合法效力约束的合同,或 (iii) 不属于美国或其他适用的司法管辖区的法律所规定禁止购买或接受服务的人。 4.您的账户
5.一般行为规则 您确认并同意:
6.保护您的数据 conmeng 为您提供某些托管服务,可能涉及您在使用这些服务("涵盖服务")过程中提交、收集和/或使用关于您和您客户的个人身份识别信息或可识别身份信息("您的数据")。根据本节条款,"您的数据"不包含任何"用户内容"。conmeng 在本节引用的"数据处理附录"("DPA")适用于涵盖服务,旨在为您提供合同保证,确保我们拥有强大的机制来确保您的数据传输(包括从 EEA 传输到涵盖服务的数据)符合适用的数据隐私法律规定。 7.用户内容 Some of the features of this Site or the Services, including those Services that are hosted with conmeng , may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to conmeng that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content 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, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate conmeng to treat your User Submissions as confidential or secret, that conmeng has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that conmeng may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action. User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize conmeng to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant conmeng a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and conmeng 's (and conmeng 's affiliates') business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate "private" or "password protected") through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that conmeng may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, conmeng shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Site or conmeng 's (or conmeng 's affiliates') business(es). If you have a website or other content hosted by conmeng , you shall retain all of your ownership or licensed rights in User Content. 8.网站/服务的可用性
9.产品积分 无论您是通过购买特定产品进行兑换,还是通过免费购买其他产品("购买的产品")最终获得了产品积分("积分"),您承认并同意该积分的有效期仅为一 (1) 年,仅用于有效的购买,并在购买的产品被删除、取消、转移或续费后该积分终止。积分自购买"已购买的产品"的日期起如果不进行兑换,则将于一 (1) 年后过期。如果该积分已兑换,则初始订阅期结束后,产品将按照当时的续费价格自动续费,直至取消。如果您希望取消此产品的自动续费,可以访问您的账户,或者通过联系客户服务帮助您取消。如果您购买的产品包括一个免费域名,并且您取消了购买的产品,那么域名的标价将从退款金额中扣除。该标价为 conmeng 的网站上列出的域名价格,它不受任何促销、折扣或其他减价的影响。对于免费获取另一个"已购买的产品"得到的积分,您承认并同意,我们可以自行决定用类似产品交换您的积分。 10.内容监控;账户终止政策
11.终止服务;到期政策 conmeng 保留随时可以任何理由或无理由,且在无须事先通知的情况下停止提供产品或任何服务的权利。虽然 conmeng 已做出很大努力以最大限度地提高其所有服务的生命周期,但有的时候我们提供的服务即将终止或达到生命周期的尽头("EOL")。如果是这样的话,在 EOL 日期生效后,该产品或服务将不再以任何方式接受 conmeng 的支持。 12.试用版服务
13.费用和付款 You agree that your Payment Method may be charged by one of our affiliated entities. If, during your purchase, your payment was identified as being processed in the United States, your transaction will be processed by conmeng.com, LLC,; if your payment was identified as being processed in Canada, your transaction will be processed by conmeng Domains Canada, Inc.; if your payment was identified as being processed in the United Kingdom, your transaction will be processed by conmeng Europe, Ltd.; if your payment was identified as being processed in India, your transaction will be processed by conmeng India Domains and Hosting Services India Pvt Ltd. If, during your purchase, your payment was identified as being processed in a country that is not listed above, your transaction may be processed by an entity within the disclosed country that is affiliated with our local payment service provider, and subject to the provisions of our Privacy Policy. (A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy. Price Changes. conmeng reserves the right to change its prices and fees at any time, and such changes 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 in prices and fees shall be effective when the Services in question come up for renewal as further described below. Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following "Payment Methods": (i) valid credit card, (ii) "Good As Gold Prepaid Services" (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal, (v) International Payment Option (as defined below) or (vi) via in-store credit balances, if applicable (and as defined below), each a "Payment Method". The "Express Checkout" feature automatically places an order for the applicable Service and charges the default Express Checkout Payment Method for your Account. 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. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method. Refunds Issued. You agree that where refunds are issued to your Payment Method, conmeng 's issuance of a refund receipt is only confirmation that conmeng has submitted your refund to the Payment Method charged at the time of the original sale, and that conmeng has 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 conmeng , in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of a conmeng check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. conmeng also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month. Auto-Renewal Terms. Other than as required by applicable law, conmeng does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your conmeng account. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, conmeng MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED. UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, conmeng WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT OR YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH conmeng . IN AUTOMATICALLY RENEWING YOUR SERVICES, conmeng WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT. IN THE EVENT conmeng CANNOT SUCCESSFULLY CHAGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT METHOD(S) DESIGNATED AS \"\BACKUP\"\ IN YOUR ACOCUNT. rENEWALS WILL BE CHARGED AT conmeng 'S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE. IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND conmeng SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. IN ADDITION, conmeng MAY PARTICIPATE IN "RECURRING BILLING PROGRAMS" OR "ACCOUNT UPDATER SERVICES" SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK'S PARTICIPATION). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, conmeng WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. conmeng MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING PRODUCTS 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 conmeng SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. If for any reason conmeng is unable to charge your Payment Method for the full amount owed, or if conmeng 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 conmeng 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. conmeng also reserves the right to charge you reasonable "administrative" fees" for (i) tasks conmeng may perform outside the normal scope of its Services, (ii) additional time and/or costs conmeng may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by conmeng 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 conmeng staff or by outside firms retained by conmeng ; (iii) recouping any and all costs and fees, including the cost of Services, incurred by conmeng as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with conmeng . conmeng may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section. (B) REFUND POLICY Products and Services available for refunds are described here ("Refund Policy"). (C) GOOD AS GOLD PREPAID SERVICES Service Details. By using Good As Gold Prepaid Services, you may transfer funds to conmeng to fund your Good As Gold Prepaid Services account ("Good As Gold Account"). You may then use your Good As Gold Account to purchase any Services. You may fund your Good As Gold Account by wire transfer. You acknowledge that funds transferred to your Good As Gold Account will be held by conmeng and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you agree that conmeng shall be entitled to receive and keep any such amounts to cover costs associated with Good As Gold Prepaid Services. You agree that all transactions using Good As Gold Prepaid Services will be conducted in U.S. dollars. Your Good As Gold Account must be funded on an initial basis with no less than funds equivalent to $1,000.00 U.S. dollars. All payments must be for the full amount required at purchase. Wire Transfer Details. Wire transfers may be initiated in foreign currency to fund your Good As Gold Account, however the natural currency of the Wild West Domains bank account is U.S. Dollars. Foreign currency wires will be automatically converted and deposited in U.S. Dollars. Please note that exchange rate fees may apply. You are responsible for all wire transfer fees, both incoming and outgoing, associated with your Good As Gold Account. Any non-U.S. wire transfers may be subject to fees by your bank, intermediary banks, or conmeng 's bank, which may reduce the amount of the money received by conmeng 's bank and subsequently funded into your Good As Gold Account. You hereby expressly authorize conmeng (i) to reduce your Good As Gold Account by the amount of wire transfer fees conmeng incurs in order to receive your funds; and/or (ii) to charge a twenty-dollar ($20.00) service fee ("Service Fee") in connection with the termination of your Good As Gold Account. All fees are subject to change at any time, and such changes shall be posted online and effective immediately without need for further notice to you. You can verify the remaining funds in your Good As Gold Account at any time through your Account or the shopping cart. Should you decide to terminate your Good As Gold Account (or should conmeng opt to terminate your Good As Gold Account because you have breached an obligation under the Good As Gold Service Agreement), then the balance in your Good As Gold Account will be refunded, net the Service Fee. Additional funds may be added to your Good As Gold Account at any time. Your Use of Good As Gold Prepaid Services. Use of funds in your Good As Gold Account can only be made through the conmeng purchase process at conmeng 's website. Purchases may not be made unless there are sufficient, available funds in your Good As Gold Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements. (D) PAY BY CHECK (ELECTRONIC PAYMENT) By using conmeng 's pay by check option ("Pay By Check"), you can purchase conmeng Services using an electronic payment (from your personal or business checking account ("Checking Account"), as appropriate). In connection, you agree to allow a third-party check services provider, Certegy Check Services, Inc., ("Check Services Provider") to debit the full amount of your purchase from your Checking Account, which is non-refundable. Check Services Provider will create an electronic funds transfer ("EFT") or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and payment must be in U.S. Dollars. It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Services Provider or conmeng reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Check Services Provider nor conmeng shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and conmeng may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). conmeng is not responsible for the actions of Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law for each U.S. State. A help article describing the Check Services Provider and outlining the service charges referenced above can be found here. These fees may be debited from your Checking Account using an EFT or bank draft. All fees are in U.S. Dollars. conmeng and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including byemail, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to conmeng and Check Services Provider. You further expressly authorize conmeng and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses. (E) INTERNATIONAL PAYMENT OPTIONS conmeng offers a variety of alternative international payment options through a variety of International Payment Providers ("IPP"). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP's applicable customer service agreements in advance of completing your transaction at conmeng . You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively "Funding Sources". In addition, you agree to allow the selected IPP to debit, if applicable, an "Exchange Rate Conversion Fee", as well as any other fees or charges applicable to your agreement with the IPP (collectively, the "IPP Fees"), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by conmeng . It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or conmeng reserve the right to decline a transaction for any reason and (ii) neither the IPP nor conmeng shall be liable to you or any third party regarding the same. You acknowledge that conmeng will not attempt to fulfill the Services purchased by you until conmeng receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If conmeng does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your conmeng account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible. If, at the time conmeng receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, conmeng may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, conmeng reserves the right to issue refunds to an in-store credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by conmeng will be net of the IPP Fees unless otherwise specified. conmeng offers SEPA Direct Debit ("SEPA") as a payment method for customers located in Germany. If you choose to use SEPA as a payment method, you are authorizing conmeng and Adyen, our payment service provider, to send instructions to your bank to debit your account. By agreeing to these terms you have mandated conmeng to collect all of the applicable charges arising under this Agreement. The authorization shall also apply to any new bank account used by you for purchases from conmeng . We will notify you of the date of direct debit collection within a reasonable time (the "pre-notification"). This pre-notification will be delivered to you by e-mail at least one (1) business day before payment is collected. You are responsible for making sure that there are sufficient funds in your account to cover any debit payments. You also agree to indemnify conmeng against any losses that it may incur if your financial institution withholds payment from conmeng for any reason. (F) IN-STORE CREDIT BALANCES In the event that your Account contains an in-store credit balance: (1) you may apply any available credit balance to any future purchase in your Account; and (2) you authorize conmeng to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your Account. In the event that conmeng is unable to successfully charge either the Payment Method associated with a specific Service in your account or your backup Payment Methods when processing Service renewals, conmeng may use any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, conmeng is not responsible for the loss of products resulting from an inability to collect funds from your Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using conmeng 's daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, conmeng may also impose an additional administrative fee. You can verify your available in-store credit balance at any time through your Account on the conmeng website. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance. In the event that conmeng terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited. You also acknowledge that funds available in your in-store credit balance will be held by conmeng and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you agree that conmeng is entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality. (G) EXPIRED DOMAIN NAME PURCHASES For expired domains names purchased through your account, you agree that you are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name's previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close. If we are unable to collect payment, you may lose the rights to purchase the domain name. 14.额外保留权利 conmeng expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify 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 conmeng in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by conmeng 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 or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (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, (viii) to avoid any civil or criminal liability on the part of conmeng , its officers, directors, employees and agents, as well as conmeng 's affiliates, including, but not limited to, instances where you have sued or threatened to sue conmeng , or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to conmeng 's business, operations, reputation or shareholders. conmeng expressly reserves the right to terminate, without notice to you, any and all Services where, in conmeng 's sole discretion, you are harassing or threatening conmeng and/or any of conmeng 's employees. conmeng Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("conmeng Content"), are owned by or licensed to conmeng in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. conmeng Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of conmeng . No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. conmeng reserves all rights not expressly granted in and to the conmeng Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights. 15. 无垃圾邮件;违约金
我们不允许将我们的服务器和服务用于上述目的。为了使用我们的产品和服务,您不仅必须遵守所有适用的法律和法规(其中包括 2003 年《反垃圾邮件法》和《电话消费者保护法案》),还必须遵守此无垃圾邮件政策。商业广告和/或批量电子邮件或传真可能只被发送到"选择"接收邮件的收件人。它们必须在电子邮件或传真的页脚中包括合法的返回地址和回复地址、发件人的物理地址和一个选择退出的方法。根据我们的要求,可能需要提供选择加入的电子邮件地址或传真号码的确凿证明。 16.商标和/或版权声明
17.链接到第三方网站
18.陈述和保证免责声明 您明确确认并同意,您对本网站和本网站上的服务的使用均由您自己承担责任,且本网站和本网站上的服务根据"照原样"、"可用性"和"缺点毕陈"而提供。conmeng 及其官员、主管、员工、代理和所有第三方服务提供商不承担任何法定、明示或默示的保证,包括但不限于,对标题、适销性、适合特定用途和非侵权的任何默示保证。conmeng 及其官员、主管、员工和代理不对以下有关内容做陈述和保证:(I) 本网站的准确性、完整性或内容,(II)(通过超链接、横幅广告或其他方式)链接到本网站的任何网站的准确性、完整性或内容和/或 (III) 本网站上的服务或(通过超链接、横幅广告或其他方式)链接到本网站的任何网站上的服务,且 conmeng 不对以上内容承担任何义务和责任。 另外,您明确确认并同意,由 conmeng 及其官员、主管、员工或代理(包括但不限于其呼叫中心或客户服务代表)以及第三方服务提供商提供的口头或书面信息或建议,均不可 (I) 构成法律和财务建议,(II) 创建与本网站或本网站上的服务相关的任何形式的保证,且用户不应依赖任何此类信息或建议。 上述陈述和保证免责声明可应用于法律允许的最大限度,并可在本协议或您对本网站或本网站上的服务的使用终止或到期之后继续生效。 19.责任范围 在任何情况下,conmeng 及其官员、主管、员工、代理和所有第三方提供商均不对您或其他任何个人或实体承担任何直接、间接、附带、特殊、惩罚性或间接损害责任,包括任何可能由以下原因导致的责任:(I) 本网站的正确性、完整性或内容,(II)(通过超链接、横幅广告或其他方式)链接到本网站的任何网站的准确性、完整性或内容,(III) 本网站上的服务或(通过超链接、横幅广告或其他方式)链接到本网站的任何网站上的服务,(IV) 任何性质的个人伤害或财产损失,(V) 任何性质的第三方行为,(VI) 对我方服务器和/或存储于其中的任何和所有内容、个人信息、财务信息或其他信息和数据的任何未授权的访问或使用,(VII) 对进出本网站或(通过超链接、横幅广告或其他方式)链接到本网站的任何网站的服务的干扰或中止,(VIII) 可传入或传出本网站或(通过超链接、横幅广告或其他方式)链接到本网站的任何网站的任何病毒、蠕虫、Bug、特洛伊木马或类似物,(IX) 任何用户内容或诽谤、骚扰、侮辱、对未成年人或任何受保护人群产生伤害、色情、"X 级"、淫秽或其他令人反感的内容,和/或 (X) 由于您使用本网站或本网站上的服务引起的任何损失或损害,无论是基于保证、合同、侵权或其他任何合法或公平理论,也无论 conmeng 是否收到过可能发生此类损害的建议。
此外,您明确承认并同意 conmeng 的总负债合计不得超过 $10,000.00 美元。 20.赔偿
21.遵守当地法律
22.争议、约束个人仲裁和豁免集体诉讼和集体仲裁 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 conmeng , 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 conmeng arising under or relating to any conmeng Services or Products, conmeng 's websites, these Terms, or any other transaction involving you and conmeng , 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 conmeng AGREE THAT "DISPUTE" AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR conmeng 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 conmeng 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 conmeng 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 conmeng must be addressed to: conmeng , 14455 N. Hayden Rd., Scottsdale, AZ 85260, Attn.: Legal Department (the "conmeng 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 conmeng and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or conmeng 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 conmeng 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 conmeng 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 Maricopa County, Arizona, at your option. (G) Initiation of Arbitration Proceeding. If either you or conmeng decide to arbitrate a Dispute, we agree to the following procedure: i. 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 www.adr.org ("Demand for Arbitration: Consumer Arbitration Rules"). ii. Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043. iii. 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 conmeng or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or conmeng 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. i. Disputes involving $75,000.00 or less. conmeng will promptly reimburse your filing fees and pay the AAA's and arbitrator's fees and expenses. If you reject conmeng 's last written settlement offer made before the arbitrator was appointed ("conmeng '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 conmeng 's last written offer, conmeng will: (i) pay the greater of the award or $1,000.00; (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 conmeng agree on them. ii. Disputes involving more than $75,000.00. The AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses. iii. Disputes involving any amount. In any arbitration you commence, conmeng 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 conmeng commences, conmeng will pay all filing, AAA, and arbitrator's fees and expenses. conmeng 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 conmeng BY E-MAILING LEGALOPTOUT@conmeng.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 conmeng 's Universal Terms of Service Agreement." By providing your information in the method above, you are opting out of the agreement to arbitrate contained in conmeng 's Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Universal Terms of Service. 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 conmeng agree that if conmeng makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to conmeng 's address) in these Terms, conmeng 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. conmeng 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 Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona, 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. 23.无主财产;闲置费
24.继承方和受让方
25.无第三方受益人
26.美国出口法律
27.标题;独立契约;可分割性
联系信息
仅适用于德国客户的附加条款 (A) CHOICE OF LAW FOR BUSINESS CUSTOMERS Any and all contractual agreements between conmeng and its commercial contract partner ("Entrepreneur" in the meaning of section 14 German Civil Code) are exclusively governed by and construed in accordance with the laws of the state of Arizona, USA, exclusive of the conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods. (B) RIGHT TO REVOKE NOTICE ----------BEGINNING OF LEGAL NOTICE FOR RIGHT TO REVOKE---------- CONSUMERS (ACCORDING TO §13 BGB) HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT GIVING A REASON. THE REVOCATION PERIOD IS FOURTEEN DAYS FROM THE DATE OF THE CONTRACT. IN ORDER TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST INFORM conmeng PHONE: +86 2163779188 (中国) (C) CONSEQUENCES OF THE CANCELLATION (D) SERVICES (E) MODEL-TEMPLATE FOR EXERCISING YOUR RIGHT TO REVOKE: ? HEREBY I / WE ( * ) HEREBY REVOKE THE CONTRACT CONCLUDED BY ME / US ( * ) CONCERNING THE PROVISION OF THE FOLLOWING SERVICE ( * ) ? ORDERED ON ( * ) / RECEIVED ON ( * ) ? NAME OF THE CONSUMER (S) ? ADDRESS OF THE CONSUMER (S) ? SIGNATURE OF THE CONSUMER (S) (ONLY WHEN NOTIFIED ON PAPER) ? DATE (*) DELETE IF NOT APPLICABLE ----------END OF LEGAL NOTICE FOR RIGHT TO REVOKE---------- (F) CUSTOMER SUPPORT E-Mail: HQ@conmeng.com 仅适用于印度居民
修订日期:2022/04/02 |