1. OVERVIEW

This Agreement, known as the Terms of Use Agreement, is between dev.thewebsushi.com and collectively referred to as The WebSushi and you, effective upon your use of this website or electronic acceptance. It outlines the general terms and conditions for accessing and using the available Web Services.  The terms “we,” “us,” or “our” refer to TheWebSushi, while “you,” “your,” “User,” or “customer” refer to individuals or entities who accept the Agreement, access your account, or use the Web Services. This Agreement does not provide any rights or benefits to third parties.

2. MODIFICATION OF AGREEMENTS, SITE OR SERVICES. 

(i)The WebSushi can change this Agreement and related policies or agreements at any time

(ii) The WebSushi Changes are effective immediately upon posting on the website

Continued use of the site or services after changes constitutes acceptance of the revised Agreement.

(iii) The WebSushi may notify of changes via email, so it’s important to keep account information up to date. 

(iv) The WebSushi is not liable if notifications are not received due to an incorrect email address. 

(v) The WebSushi can terminate use of services for breach of terms.

(vi) WebSushi can modify, change, or discontinue any part of the site or services, including prices and fees, at any time.

3. ELIGIBILITY AUTHORITY

(i) The website and services are only available to users who can form legally binding contracts under the applicable law.

(ii) Users must be at least 18 years of age, legally authorized to create agreements, or not prohibited by the laws of the applicable jurisdiction from using the services.

(iii) If a user enters into the agreement on behalf of a corporate entity, they must have the legal authority to bind the entity to the terms and conditions of the agreement.

(iii) If The WebSushi finds that the user does not have the authority to bind the entity, the user will be personally responsible for fulfilling the obligations of the agreement.

(iv) The WebSushi will not be liable for any loss or damage resulting from its reliance on any communication that it reasonably believes to be genuine and from an authorized representative of the entity.

(v) The WebSushi reserves the right (but is not obligated) to request additional authentication if there is reasonable doubt about the authenticity of any communication.

(vi) The user agrees to be bound by the terms of the agreement for any transactions entered into by the user, anyone acting as the user’s agent, or anyone who uses the user’s account or services, with or without the user’s authorization.

4. YOUR ACCOUNT 

(i) To access certain features or services on the website, you need to create an account.

(ii) You must provide accurate, current, and complete information when creating your      account.

(iii) You must provide accurate, current, and complete information when creating your account

(iv) You’re responsible for keeping your account information up to date.

(v) If The WebSushi suspects your account information is inaccurate or incomplete, they may suspend or terminate your account.

(vi) If The WebSushi suspects your account information is inaccurate or incomplete, they may suspend or terminate your account. 

(vii) You’re solely responsible for any activity that occurs on your account, whether authorized or not

(viii) You must keep your login information, password, payment method, and shopper PIN secure.

(ix) It’s recommended to change your password and shopper PIN every six months for security purposes.

(x) If there’s any security breach or unauthorized use of your account, you must inform The WebSushi immediately.

(xi) WebSushi won’t be responsible for any losses caused by unauthorized use of your account.

(x) You may be liable for any losses incurred by The WebSushi or others, whether authorized or unauthorized. 

5. USER CONDUCT 

(a)You reckon and agree with the following terms & conditions

By accessing and using this website and its services, you agree to follow the terms outlined in this agreement, as well as any relevant policies or agreements related to your use of the services, and abide by all local, state, national, and international laws, and regulations. Furthermore, you are not allowed to gather or allow anyone else to gather any user-generated content or private or personally identifying information about other users or individuals without their explicit written consent.

(b)Under sole and absolute discretion of The Web Sushi: 

(i) Prohibits or encourages illegal activities

(ii) Exploits children or encourages the spread of child sexual abuse material (CSAM)

(iii) Promotes or engages in terrorism, violence against people, animals, or property 

(iv) Sends spam or unsolicited bulk email or engages in hacking/ cracking

(v) Sells or distributes prescription medication without a valid prescription 

(vi) Promotes or facilitates prostitution and/ or sex trafficking

(vii) Infringes on intellectual property or privacy rights 

(viii) Interferes with the operations of the website or its services

(ix) Installs viruses, worms, bugs or other disruptive programs

(x) Uses false, deceptive, or comparative language regarding The Web Sushi or its services

(xi) Engages in false, abusive, or fraudulent activity

(xii) Overloads the website’s infrastructure with unreasonable action

(c) You are responsible for backing up all your User Content to access and use it whenever needed. The Web Sushi cannot guarantee the backup of any Account or User Content, and you accept the risk of losing any and all of your User Content.

(d) You are not permitted to resell or use the Services or any of The Web Sushi’s related technologies for commercial purposes without obtaining The Web Sushi’s express written consent.

(e) You are prohibited from circumventing, disabling, or otherwise interfering with the security-related features of the Site or the Services provided at the Site. This includes features that prevent or restrict the use or copying of any Web Sushi’s Content or User Content, as well as limitations on the use of the Site or the Services, the Web Sushi’s Content, or User Content.

(f) You agree to provide government-issued photo identification and/or government-issued business identification upon request to verify your identity.

(g) You acknowledge that The Web Sushi may contact you regarding your account and that any such calls may be recorded, subject to applicable laws and The Web Sushi obligations. You also agree that these recordings may be used as evidence in legal proceedings involving The Web Sushi. Additionally, by providing your phone number, you agree to receive marketing calls and text messages from The Web Sushi, which may be initiated by an automated system or use a prerecorded voice. 

(h) The Web Sushi has the right to deny, cancel, terminate, suspend, or restrict future access to the Site or Services, including the ability to cancel or transfer any domain name registration, to any User for various reasons. These reasons may include past termination or suspension of their Account or Services due to violation of any agreement or policy or engaging in inappropriate or illegal activity while using the Site or Services, as determined solely by The Web Sushi. This right is in addition to other rights granted in the Agreement.

(i) In case there are indications of fraudulent, abusive or suspicious activity related to your account or purchases, The Web Sushi has the right to cancel any services or close any associated accounts connected to your name or email address. If The Web Sushi finds any fraudulent activity at its own discretion, it may take legal action, and you may be held responsible for paying monetary damages and litigation costs to The Web Sushi. To dispute any cancellations or account closures, you can contact The Web Sushi Care.

6. INTELLECTUAL PROPERTY RIGHTS 

The Web Sushi is in favor of safeguarding intellectual property rights. If you possess a legally registered trademark or service mark and believe that it has been violated, or if you own a legitimate copyright on material and think it has been infringed upon, This policy can be found above and accessed by you.

Complying with Intellectual Property Rights 

Whether you own a trademark, service mark, or copyright, The Web Sushi is dedicated to aiding you in protecting your legal entitlements. As a result, they have created certain policies to evaluate claims of trademark and/or copyright infringement.

Dispute Claims of Domain Names 

(i) Any disagreement or potential dispute regarding the registration of domain names, the parties involved can contact the registrant, an ICANN-approved arbitration provider, or take the matter to court. 

(ii) To report a trademark infringement related to a domain name available for purchase on The Web Sushi Auctions or as a Premium Domain Name, refer to the guidelines described in (A) below to submit a trademark claim to The Web Sushi. 

(iii) If you need to reply to a claim of infringement regarding a domain name being sold on The Web Sushi Auctions or as a Premium Domain Name, refer to our Counter Notification Policy described in (C) below.

Claims related to copyright and trademark

(i) To report a copyright or trademark infringement, follow the particular guidelines outlined in either (A) for submitting a trademark claim or (B) for filing a copyright complaint to inform The Web Sushi of the violation.

(ii)To reply to an infringement complaint, you must adhere to our Counter Notification policy specified in (C). 

(A)Claims of trademark 

(1) In order to make a trademark claim for a violation of a mark that you own and that is validly registered with the appropriate intellectual property organization in your country (such as the United States Patent and Trademark Office for US marks), The Web Sushi asks that you provide evidence to support your claim. This can be done by 

(i) either filling out a form on claims.dev.thewebsushi.com 

(ii)or by sending an email to claims@thewebsushi.com with the words “Trademark Claim” in the subject line. 

Note that filling out the online form is the fastest way to have your claim reviewed. Please be aware that state registrations and registrations on the Supplemental Register are not considered valid for these purposes.

In order for a notification of a claimed trademark violation to be deemed valid, it must contain the following details:

(i) Mark that is claimed to be infringed, including registration number

(ii) Jurisdiction or geographical area to which the mark applies

(iii) Name, post office address, and phone number of the mark owner

(iv) Goods and/or services covered by the mark

(v) Date of first use of the mark and date of first use in interstate commerce

(vi) Description of how the mark is being infringed

(vii) Evidence that the website owner is a The Web Sushi customer

(viii) Exact location of the infringing mark, including email address

(ix) A signed certification made in good faith, under the threat of being charged with perjury, that states: Identification of the website in question.

• Acknowledgment that the website’s content violates the rights of another party
• Name of the party whose rights are being violated
• Identification of the infringed mark
• Statement that the use of the infringing content on the website cannot be defended.

(2) Once The Web Sushi receives the necessary information described in Section 1 for trademark claims, it will launch an investigation and send the Complaining Party’s written notification to the alleged infringer. During the investigation, The Web Sushi may, at its own discretion and without any legal obligation, temporarily remove the content that is being claimed as infringing from The Web Sushi’s Auctions, notify the alleged infringer that the domain name(s) will be locked down, redirect the DNS, and/or remove or block access to the allegedly infringing material if it is solely stored on a Web Sushi’s Server. 

(3) If The Web Sushi determines that the trademark claim made by the Complaining Party is valid, it may, at its discretion and without any legal obligation, permanently remove the disputed material from The Web Sushi Auctions, maintain the suspension of the alleged infringer’s The Web Sushi’s account, and/or deny access to the allegedly infringing material if it is exclusively stored on a The Web Sushi’s server. In the event that The Web Sushi finds that the Complaining Party’s claim is not legitimate, it will restore access to the allegedly infringing material.

(4) The Complaining Party must recognize that The Web Sushi, an ICANN-accredited registrar, and its customers are subject to the UDRP. This Policy does not override the UDRP or the responsibility of The Web Sushi and its customers to comply with it in the context of domain name disputes.

(B) Claims of Copyright 

(1) To make a copyright claim on material for which the Complaining Party has a genuine copyright, The Web Sushi requests that the claim be substantiated by sending the required information via email to claims@TheWebSushi.com, or by mailing it to the Copyright Agent at The Web Sushi’s address at 2A, Sulaiman Terrace, Colombo 00500. The subject line of the email should include the words “Copyright Claim.” It is important to note that completing the online form is the fastest way to have the claim addressed.

• The notification of a claimed copyright infringement must be sent to The Web Sushi’s and should include the following details to be considered effective:
• An electronic signature of the owner of the copyrighted work or someone authorized to act on their behalf.
• Identification of the copyrighted work that is claimed to have been infringed or a representative list of such works if there are multiple works on a single site.
• Identification of the infringing material that needs to be removed or access to which should be disabled, along with sufficient information to help The Web Sushi locate the material.
• Contact information of the Complaining Party, including address, telephone number, and email address (if available).
• A statement indicating that the Complaining Party believes in good faith that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information provided in the notification is accurate and, under penalty of perjury, the Complaining Party is the owner or authorized to act on behalf of the owner of the allegedly infringed exclusive right.

(2) If The Web Sushi receives a valid notification from the Complaining Party regarding a Copyright Claim as per Section 1, The Web Sushi will investigate and send the notification to the alleged infringer. During the investigation, The Web Sushi may, at its sole discretion and without any legal obligation, notify the alleged infringer and take actions like locking down the domain name(s), redirecting DNS, or temporarily removing or denying access to the allegedly infringing material, if it is solely stored on a The Web Sushi server.

(3) If The Web Sushi determines that the Complaining Party have made a valid copyright claim, it may choose to maintain the suspension of the alleged infringer’s The Web Sushi account and/or deny access to the allegedly infringing material if it is solely stored on a The Web Sushi server. However, if The Web Sushi finds that the Complaining Party’s claim is not legitimate, it will restore access to the allegedly infringing material.

(C) Counter Notification Policy 

(1) If you believe that your material has been mistakenly removed or disabled due to a notice of copyright or trademark infringement, you may provide a Counter Notification to The Web Sushi by emailing claims@thewebsushi.com. In the email, you should include the following: 

• The electronic signature of the person accused of infringement is required.
• The identification material that was removed or disabled must be identified, along with the location where it was originally found.
• The accused must make a statement, under penalty of perjury, stating that they believe in good faith that the material was mistakenly identified or removed.
• The accused must provide their name, address, and phone number, and agree to the Democratic Socialist Republic of Sri Lanka. or any district where The Web Sushi may be found. They must also agree to accept legal papers from the complaining party or their representative.

After receiving a Counter Notification as described in Section 1 above, The Web Sushi will promptly provide the Complaining Party with a copy of the Counter Notification and inform them that they will restore the removed material or stop blocking access to it within ten (10) business days. Unless The Web Sushi receives a notice from the Complaining Party that they have filed a court order to prevent the alleged infringer from engaging in infringing activity related to the material on The Web Sushi’s system or network, The Web Sushi will replace the removed material and restore access to it within a time frame of not less than ten (10) and not more than fourteen (14) business days.

(D) The Web Sushi’s policy on Repeat Infringes 

The Web Sushi has a policy to terminate the accounts of its customers and account holders who repeatedly violate this policy or infringe on copyrighted works, trademarks, or other forms of intellectual property, when it is deemed appropriate to do so

(7) PRICE CHANGES 

The Web Sushi retains the authority to modify its pricing and fee structures on the website at any time, without prior notice to you or your email. These changes will take effect immediately. If you have purchased or obtained Services for multiple months or years, price and fee adjustments will be applicable upon the renewal of the relevant Services, as further explained below.

(8) AUTO-RENEWAL TERMS 

The Web Sushi does not keep physical or digital copies of mandate, standing order, or standing instruction forms, as well as any signed consents associated with your use of our automatic renewal services, unless required by law. Consequently, we cannot fulfill requests for these documents.

To ensure uninterrupted service, all services are set to automatically renew unless otherwise specified on this website. Unless otherwise stated below, the automatic renewal will extend the service for a period equivalent to the most recent service period, with the exception of domain names which may renew for the original service period. For instance, if your previous service period was one year, the renewal period will typically be one year as well. However, if the payment method on file fails during the renewal process, The Web Sushi may attempt to renew the service for a period shorter than the original subscription period, as necessary for the transaction to be successful.

If you do not disable automatic renewal, The Web Sushi will automatically renew your service(s) upon expiry and collect payment from the payment method associated with the service(s) in your account or the backup payment method(s) you have designated. The first attempt to charge the payment method will be the one associated with the service(s) in your account. If it fails, the backup payment method(s) will be charged. Renewals will be charged based on The Web Sushi’s current rates, which may differ from the original service period. You can view your renewal settings by logging into your account manager on the website. If you do not want automatic renewal, you can cancel it, and your services will terminate at the end of the current term unless you manually renew them before that time. If you fail to manually renew, there may be a disruption or loss of services, and The Web Sushi is not responsible for any resulting consequences for you or any third party.

Furthermore, The Web Sushi has the option to take part in programs like “recurring billing programs” or “account updater services” offered by your credit card provider (which depends on your bank’s involvement). If we are unable to successfully charge your current payment method, your credit card provider or bank may inform us about any updates to your credit card number and/or expiration date. They might also automatically charge your new credit card on our behalf without notifying us. As per the requirements of recurring billing programs, if we receive an update to your credit card information, The Web Sushi will automatically update your payment details for you. However, we cannot guarantee that we will request or receive updated credit card information. You understand and agree that it is solely your responsibility to manage your account settings, which includes canceling products and ensuring that your payment method(s) are up to date and valid. Moreover, you acknowledge and agree that failing to do so may result in a disruption or loss of services, and The Web Sushi cannot be held liable to you or any third party for such consequences.

In the event that The Web Sushi is unable to charge your Payment Method for the full amount owed, or if The Web Sushi receives notice of a chargeback, reversal, payment dispute, or penalty for any previous fee charged to your Payment Method, The Web Sushi has the right to take legal action to obtain payment. This may include immediately canceling any domain names or Services registered or renewed on your behalf, without prior notice to you. Additionally, The Web Sushi can charge you reasonable “administrative” fees for tasks performed outside the normal scope of its Services, additional time and/or costs incurred in providing its Services, or your failure to comply with this Agreement, as determined by The Web Sushi at its sole discretion. Examples of typical administrative or processing fee scenarios include customer service issues requiring extra personal attention, UDRP actions or disputes related to your domain name(s) that require legal or accounting services, and recouping all costs and fees, including the cost of Services, resulting from chargebacks or payment disputes initiated by you, your bank, or Payment Method processor. The Payment Method on file with The Web Sushi will be charged for any administrative or processing fees.

The Web Sushi has the option to provide pricing for its products in different currencies. If you choose to make a purchase, the transaction will be carried out in the currency you select, and the final pricing displayed during the checkout process will be the amount charged for payment. Depending on the payment method you use, the issuer of your payment method may add a foreign transaction fee or other charge, which may be shown separately on your bank statement. You should verify this with your payment method issuer. Furthermore, you acknowledge and accept that you may be subject to Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other local taxes and fees, regardless of the currency you choose to pay in. These fees and taxes are based on your bank and/or the country you indicate in your billing address section.

(9) INTERNATIONAL PAYMENT OPTIONS

The Web Sushi 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 The Web Sushi. 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 The Web Sushi.

It is your responsibility to ensure that your Funding Sources are up to date and have sufficient funds. You agree that (i) the IPP or The Web Sushi have the right to reject a transaction for any reason, and (ii) neither the IPP nor The Web Sushi will be held responsible for any liabilities towards you or any third party in relation to such rejections. You acknowledge that The Web Sushi will not proceed with fulfilling the Services you purchased until it receives payment confirmation from the IPP via its associated payment processor. Please note that there may be a time gap of several hours or days between placing an order and the IPP confirming payment through its payment processor. If The Web Sushi does not receive payment confirmation from the IPP within thirty (30) days of placing the order, your order may be canceled, and you will need to start the purchase process again. If you wish to cancel payment for a pending transaction, you can do so by canceling the order through your The Web Sushi account. Payments received for previously canceled orders will be automatically refunded to the original Payment Method, whenever possible.

If, upon receiving payment confirmation from the IPP (via its payment processor), The Web Sushi discovers any of the following situations: (i) the Services, including domain names, are no longer available for purchase, (ii) a pending order has been canceled in our systems, or (iii) the payment confirmation amount does not match the pending order’s dollar amount, resulting in either an over-funded or under-funded purchase, The Web Sushi has the authority to automatically issue a partial refund (for over-funding) or a full refund (for under-funding) to your Funding Source. In case the IPP or its payment processor has refund limitations, The Web Sushi reserves the right to provide refunds as an in-store credit balance or a bank transfer when the payment processor cannot refund to the original Payment Method. If you receive a full refund, you will need to initiate the purchase process again. You acknowledge that the IPP has the discretion to withhold refunding IPP Fees associated with a refunded transaction. Consequently, any refunds issued by The Web Sushi will exclude the IPP Fees unless otherwise specified.

(10) EXPIRED DOMAIN NAME PURCHASES

In relation to expired domain names acquired through your account, it is your responsibility to ensure payment within forty-eight (48) hours of the auction’s closure. This payment encompasses the successful bid amount, as well as the one (1) year renewal or transfer fee (commencing from the end of the domain name’s previous registration period) and, if applicable, the ICANN fee. If payment collection is unsuccessful, there is a risk of losing the privilege to purchase the domain name. Alternatively, on the third day following the auction’s conclusion, the associated account will be charged using a valid payment method.

(11) LIMITATION OF LIABILITY 

The Web Sushi, its officers, directors, employees, agents, and all third-party service providers will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including those that may arise from:

(I) the accuracy, completeness, or content of any sites linked to this site

(II) the services found at this site, or any sites linked to this site

(III) personal injury or property damage of any nature whatsoever

(IV)third-party conduct of any nature whatsoever

(V) 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

(VI) Any interruption or cessation of services to or from this site or any sites linked to this site

(VII) Any viruses, worms, bugs, Trojan horses, or similar harmful software

(VIII) Any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “X-rated,” obscene, or otherwise objectionable.

(IX) Any loss or damage of any kind incurred as a result of your use of this site, or the services found at this site.

In addition, it is acknowledged and agreed that in no event shall The Web Sushi’s total aggregate liability exceed $ 100 U.S. Dollars. This 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.

(12) INDEMNIFICATION 

By using this website or the services offered on this website, you agree to protect, defend, indemnify, and hold harmless The Web Sushi, as well as its officers, directors, employees, agents, and third-party service providers from all claims, demands, costs, expenses, losses, liabilities, and damages, including reasonable attorneys’ fees, which may arise directly or indirectly from.

(i) your access and use of this website or the services offered on this website, 

(ii) any violation of this Agreement or the policies or agreements referenced herein, or (iii) any violation of a third-party’s rights, including but not limited to intellectual property or other proprietary rights. 

These indemnification obligations will remain in effect even after this Agreement is terminated or your use of this website or its services has ended.