Terms Of Service Agreement
This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “User”) and webs99.com. ("webs99", "we", or "us").We provide Users with access to Materials to help our customers create and manage websites by providing general and personalized content, website hosting services, communication tools and forums, mobile applications, and ecommerce tools and services (collectively, the “Services”) directly and through the website and associated domains of http://www.webs99.com (the “Site”).We've tried really hard to keep this Agreement as readable and straightforward as possible. If you have suggestions that can help us improve it or any questions about this Agreement, please email us and let us know. This Agreement is the entire Agreement between us. BY CREATING A WEBS99 ACCOUNT AND/OR USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES.
Use of the Sites – What Webs99 Provides
The Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software and to display the results of such Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company. The Company grants you a limited revocable license to post a copy of your User Created Content, on your own personal web site or on a third party web site that complies with all applicable laws and these Terms of Service. Finally, the Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability
Use of the Sites – Your Obligations
You represent and agree that:
A. You hereby certify that you are at least 18 years of age.
B. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
C. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
D. You will not use the Services or Materials to impersonate another person.
E. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by WEBS99 without our express written permission.
F. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
G. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any WEBS99 user to access the Services.
H. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
I. You may not upload individual files larger than 20MB, except audio files which may be up to 168MB.
J. You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
K. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by webs99.com.
L. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
M. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on WEBS99’s infrastructure.
N. You will not publish Content, or links to Content, that is:
i. Pornographic, sexually explicit, or violent.
ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
iv. Breaches another’s privacy.
O. You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
P. You verify that your country of residence is the same as your billing address.
WEBS99 may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If WEBS99 reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
WEBS99 offers the right to use its Services for free for potential customers to have adequate opportunity to assess the value of these services prior to purchase a license/subscription. Unlike physical goods, electronically distributed software and deliverables can be duplicated. Once a purchase has been made, No refunds will be given, except in the Company's sole and absolute discretion.
BUGS AND ISSUES
The Services licensed under WEBS99 network sites are tested over and over by our QA team; however it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these case, OUR TEAM will try to fix the bugs, issues and errors found and will supply the buyer with working updates. The free versions of the Services are designed especially to let prospective buyers test the software before they make a purchase.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITES OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITES OR THE SERVICE, FROM INABILITY TO USE THE SITES OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITES OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITEA OR THE SERVICE OR ANY LINKS ON THE SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITES OR THE SERVICE OR ANY LINKS ON THE SITES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitation may not apply to you.