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These terms and conditions of use (these "TOUs") apply to and govern your access to and use of certain subscription services and associated sub-sites offered by Eyefinity, Inc., on www.eyefinity.com (the "Site"), including eWebExtra, eWebExtra Email, Reordercontacts.com, Virtual Mirror, WebSystems3, OfficeMate integration and 4PatientCare appointment scheduling (collectively, the "Practitioner Services").
YOUR USE OF THE PRACTITIONER SERVICES WILL ALSO CONTINUE TO BE GOVERNED BY THE GENERAL EYEFINITY TERMS AND CONDITIONS OF USE LOCATED AT THE BOTTOM OF www.eyefinity.com (the “Terms and Conditions"). These TOUs are a supplement to the Terms and Conditions.
Eyefinity reserves the right to modify these TOUs at any time in its sole discretion. Any use of the Practitioner Services following modification of these TOUs will be deemed acceptance of those modifications. Please review these TOUs (located under “Terms and Conditions” on the eWeb tab or under the “Licensing Exhibits” link at the bottom of www.eyefinity.com) periodically for the most recent version of these TOUs. You understand and agree that Eyefinity, at its discretion, at any time and without notice, reserves the right to modify, enhance, supplement or discontinue the Practitioner Services. You further understand and agree that any such changes will automatically constitute part of the Practitioner Services and as such, will also be subject to these TOUs, unless expressly stated otherwise.
The eWebExtra services allow you to create a comprehensive website for your practice that is privately labeled under a domain name of your choice. Eyefinity will register and purchase a domain name of your choice and manage it during the term of the agreement on your behalf. This is needed to allow Eyefinity to streamline management of your site, including renewing the annual fee every year assuring the site name remains registered.
Your currently owned domain names may be transferred to Eyefinity to manage with your eWebExtra service. The Practice retains all right, title and interest in and to their trademarks. You hereby grant to Eyefinity the right to use your domain name for purposes of fulfilling Eyefinity’s obligations under the agreement. Eyefinity will transfer the domain name back to your designee upon termination of this service. Please review the Termination section below for more details.
You agree to defend, indemnify and hold harmless Eyefinity and Eyefinity’s Affiliates (as defined in the Terms and Conditions) from and against any and all liabilities, damages, losses, costs and expenses, including without limitation attorneys' fees, caused by or arising out of claims based upon the use of the eWebExtra services, including without limitation any claim of infringement of intellectual property or other rights.
Any questions or comments regarding the eWebExtra services should be directed to Eyefinity's Customer Care Department at 877-448-0707.
b. Third-Party Sites, Products and Services
Eyefinity offers additional products and services on its Site through third parties (each a "Third Party Service"), some of which are offered for an additional set up cost and monthly fee. If you select any Third-Party Services, you agree to be bound by the terms and conditions of use for that Third Party Service. Third Party Services are not under the control of Eyefinity and Eyefinity is not responsible for the content, products or services sold by Third Party Service providers. Eyefinity does not assume any responsibility or liability for the actions, products or content of Third-Party Services providers. Eyefinity reserves the right to terminate any link or linking program at any time, including, without limitation, those associated with Third Party Services. If you select these optional features, you do so entirely at your own risk and in no event will Eyefinity be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of the optional features. You also agree to be bound by the following additional terms of conditions of use for each of the respective Third-Party Products and Services.
i. eWebExtra OfficeMate Integration
The eWebExtra OfficeMate Integration services have been discontinued and are no longer supported. Previously they allowed you to manage and receive patient appointment requests and patient health history form information from your eWebExtra website. You agree to defend, indemnify and hold harmless Eyefinity and Eyefinity Affiliates (as defined in the Terms and Conditions) from and against any and all liabilities, damages, losses, costs and expenses, including without limitation attorneys' fees, caused by or arising out of claims based upon the use of this service, including without limitation any claim of infringement of intellectual property or other rights.
Any questions or comments regarding the eWebExtra services should be directed to Eyefinity's Customer Care Department at 877-448-0707
2. eWebExtra EMAIL
The eWebExtra Email services provide you with the capability to send and receive email through the Internet, using a local email client, and to access your email, using the Internet and a web browser (collectively, the "Email Services"). The Email Services are not available without a current eWebExtra account and Eyefinity will provide only those Email Services that you select to receive. Additional mailboxes and email storage may be available on an upgrade-basis.
The Email Services do not include, and Eyefinity is not responsible for providing, the equipment necessary for you to connect to the Internet, including without limitation computers and modems.
b. Email Filtering, Content and Use
You agree to and understand the risks associated with using the Email Services and with receiving and transmitting email through the Internet. You are solely responsible for the content of your transmissions and the transmissions of third parties received by you through the Email Services. You shall comply with United States law regarding the transmission of technical data, which is exported from the U.S. through the Email Services. You shall not use the Email Services for illegal purposes or to interfere with or disrupt network services or network equipment. Interference or disruptions include without limitation distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses and the use of the Email Services to make unauthorized entry to any other machine accessible through the Email Services.
You are solely responsible for any damage to your computer system or loss of data that results from receiving or downloading any material or data through the Email Services. You are responsible for modifying the spam filter provided with the Email Services to meet your specific needs and to check the spam folder to ensure spam is being correctly identified.
You agree to defend, indemnify and hold harmless Eyefinity and Eyefinity Affiliates (as defined in the Terms and Conditions) from and against any and all liabilities, damages, losses, costs and expenses, including without limitation attorneys' fees, caused by or arising out of claims based upon the use of your account of the content contained in any email sent or received through the Email Services, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
c. Email Storage, Backup and Restoration
The Email Services have a fixed storage limit per mailbox. Email may not be stored when received if the size of the email would put the mailbox over its storage limit. It is your responsibility to monitor the size of your mailbox and prevent it from reaching its storage limit. Eyefinity is not responsible for the deletion or failure to store email due to unavailable storage space.
Your emails are backed up to separate storage systems on a daily basis for the purpose of recovery from errors or system failure (the "Data Backups"). The Data Backups consist of a snapshot of the content of each mailbox at a specific moment in time. The Data Backup does not store every email sent or received using the Email Services, but instead stores a copy of the emails that exist within each mailbox during the time the Data Backups are processed. Copies of emails may remain in the Data Backup for up to two weeks, even after you delete the email from your mailbox or terminate the Email Services. Eyefinity employees will not access email in the Data Backups unless data restoration is necessary.
If you delete emails from your mailbox as a result of something other than a failure of the Eyefinity network and you wish to have those emails restored, you may request a data restoration from any of the recent Data Backups snapshots. You will be charged a fee per mailbox for each data restoration you request.
d. Email Maintenance
Email maintenance is scheduled for Saturdays and Sundays from 12:00 am to 4:00 am Eastern Standard Time. Not every maintenance window is utilized and Eyefinity makes every effort to restrict maintenance activities to the scheduled maintenance windows.
e. No Resale or Profiteering of the Email Services
You may choose to register multiple accounts, but any of your accounts will be understood as a stand-alone single account. You shall not resell or make any commercial use, including without limitation leasing or selling accounts, of the Email Services without Eyefinity's express written consent.
3. Payment Policies
For specific fees related to the eWebExtra services and the eWebExtra Email services, please see the current fee schedule. All contracts for eWebExtra services shall automatically renew unless you provide notice of your intent not to renew according to the contract terms.
Any registration fee you are required to pay before your eWebExtra website is built is non-refundable. Monthly fees are billed in advance, on the last day of the month for the following month. If you choose to change your domain name at any time, a change fee will be billed to your account.
Eyefinity reserves the right to modify its fees and payment policies from time to time. Any changes will be posted on the Site or by written notice to you. Please review the Site periodically for the most recent version of the fees and payment policies.
For questions related to eWebExtra billing, please email firstname.lastname@example.org or call 877-448-0707.
If you select an eWebExtra plan without a contract term commitment, you may terminate the services at the end of any billing month (the “Termination Effective Date”) by providing written notice to email@example.com. Cancellation or termination of your eWebExtra account will automatically result in the cancellation of your Email Services as well. All registration fees, monthly fees or set-up fees will not be refunded. Monthly billing will terminate on the Termination Effective Date. Any questions can be made by calling 916-851-6368.
If you select an eWebExtra plan with a contract term commitment, you may terminate prior to the end of the contract, or any renewal thereof, but you will remain obligated to pay all fees due and payable for the full term. You may terminate the services at any time by emailing your written request to firstname.lastname@example.org. Termination will be effective as of the Termination Effective Date. All registration fees or set-up fees will not be refunded. Any questions can be made by calling 916-851-6368.
Prior to the Termination Effective Date, Eyefinity will collaborate with you to assist with transferring the domain name to your designee on or before the Termination Effective Date. Requests for transfers of domain names must therefore be made at the time you provide your termination notice. Eyefinity will not pay domain registration fees after the Termination Effective Date. Eyefinity is only able to transfer registered domain names to another GoDaddy account holder.
Upon termination of the eWebExtra Email Services, Eyefinity will have no further obligation to support your use of the eWebExtra Email Services and shall not be responsible for storing any of your data. You may request export of the database containing your data if the request is made at least thirty (30) days prior to the Termination Effective Date. Eyefinity may charge a reasonable fee for providing such data exports. Eyefinity will delete or purge all data after the Termination Effective Date.
Eyefinity reserves the right to terminate your use of the eWebExtra Email Services if Eyefinity believes that you have violated or acted inconsistently with the letter or spirit of these TOUs or if you provide Eyefinity with any false or inaccurate information.