eWebExtra TERMS OF USE

These Terms of Use (“TOU”) govern your access to and use of the eWebExtra services, including eWebExtra Email and other associated subscription services (collectively, the “Practitioner Services”) provided by Eyefinity^®, Inc. (“Eyefinity”), through eyefinity.com (the “Site”). By accessing or using the Practitioner Services, you agree to these TOU and any additional agreements referenced herein. If you do not agree to these TOU, you may not use the Practitioner Services.

1. Agreement Overview

These TOU supplement the general Eyefinity Terms and Conditions and Privacy Policy available on the Site. Any conflicts between these TOU and the general Eyefinity Terms and Conditions shall be resolved in favor of these TOU for matters specific to the Practitioner Services.

Eyefinity reserves the right to modify these TOU at any time at its sole discretion. Continued use of the Practitioner Services after modifications constitutes your acceptance of the revised TOU. It is your responsibility to review these TOU periodically for updates.

Eyefinity may modify, enhance, suspend, or discontinue any part of the Practitioner Services without notice or liability.

2. Practitioner Services

a. eWebExtra Services

eWebExtra allows you to create and manage a comprehensive website for your Practice. Under this service, Eyefinity purchases and manages the selected domain name on your behalf during the service term. Upon termination of the service, Eyefinity transfers the domain name to your designee, provided you submit the request before termination. You retain ownership of your trademarks and grant Eyefinity the right to use them solely for the purpose of delivering the Practitioner Services. The Practice agrees to defend, indemnify, and hold harmless Eyefinity and its affiliates from any claims, liabilities, or expenses arising from your use of eWebExtra services.

Due to changes to Eyefinity product and service offerings, Eyefinity will no longer be offering the purchase and management of domain names on behalf of the Practice. However, Eyefinity agrees to continue its support for this service to those Practices already participating in this service offering.

b. Third-Party Products and Services

Eyefinity may offer optional third-party products and services on the Site. These are governed by their respective terms and conditions, and Eyefinity disclaims any liability for their content or performance. Selecting these services is at your sole risk.

c. eWebExtra Email

The current eWebExtra Email services provide email capabilities, subject to the following conditions:

You are responsible for managing spam filters and monitoring mailbox storage.
Eyefinity performs routine data backups for recovery purposes but is not liable for lost emails exceeding mailbox limits.
Misuse, including spamming, unauthorized access, or distribution of malicious software, is prohibited.
Any email restoration requests may incur fees.

As of December 1, 2024, Eyefinity will no longer offer WebExtra Mail to new Practitioners or to those Practitioners that do not currently have Eyefinity-hosted emails.

d. Service Discontinuation

Discontinued services, such as eWebExtra OfficeMate Integration, are provided “as-is” without further support.

3. Payment Policies

Registration and setup fees are non-refundable.
Monthly fees are billed in advance and automatically renew unless notice of cancellation.
Eyefinity reserves the right to modify fees with prior notice via the Site or email.

For billing inquiries, contact Eyefinity Customer Care at customercare@eyefinity.com or 877-448-0707.

4. Termination

a. Termination by You

Month-to-Month Plans: Notify Eyefinity in writing before the end of a billing cycle to terminate. No refunds will be provided for fees already paid.
Contract Plans: Early termination requires full payment of remaining contract fees.

b. Termination by Eyefinity

Eyefinity may terminate services if you violate these TOU or provide false information. Termination includes cancellation of all associated services (e.g., email addresses, website URL).

c. Data and Domain Management Post-Termination

Domain transfer requests must be submitted during the termination notice period. If the Practice fails to request the domain name transfer within the designated termination notice period, it risks loss of domain name. Eyefinity only supports transfers to GoDaddy accounts.
All stored data, including emails, will be deleted after the termination date. Requests for data exports must be made at least 30 days prior to termination and may incur fees.

5. Limitations of Liability

a. Disclaimer of Warranties

Practitioner Services are provided on an “as-is” and “as-available” basis. Eyefinity disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. Limitation of Liability

To the fullest extent permitted by law, Eyefinity and its affiliates shall not be liable for any indirect, incidental, punitive, or consequential damages arising from the use or inability to use the Practitioner Services.

c. Indemnification

You agree to indemnify and hold Eyefinity and its affiliates harmless from claims or liabilities arising from your use of the Practitioner Services, including third-party claims of intellectual property infringement, data loss, or misuse of the services.

6. Intellectual Property Rights

All content, software, and technology used in providing the Practitioner Services remain the property of Eyefinity or its licensors. You are granted a limited, non-transferable, and revocable license to use the services as described in these TOU.

7. Governing Law and Dispute Resolution

These TOU shall be governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association.

For further questions, please contact Eyefinity Customer Care at customercare@eyefinity.com or 877-448-0707.