These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by Website.com Solutions Inc. (“Website.com”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Website.com and the individual or entity who subscribes to our service (“Subscriber” or “you”).
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Website.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Website.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Website.com offers Subscribers domain name registration, website hosting, and email hosting services for the duration of the service term purchased from Website.com.
Services are provided on the basis of facility and equipment availability. Website.com reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Access to the web and email servers is terminated upon expiry of the Service.
Details regarding your account can be found in your account control panel (https://www.website.com/sign-in/)
3. Web Hosting
All Website.com web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Subscriber has recently setup their account with Website.com. The “Coming Soon” default index web page may be removed by the Subscriber at any time once they have access to the web server. The “Coming Soon” web page may include, but without limitation to, the following:
Links to additional products and services offered by Website.com.
Advertisements for products and services offered by third-parties.
An internet search engine interface.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Website.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
Links to additional products and services offered by Website.com.
Advertisements for products and services offered by third-parties.
An internet search engine interface.
At its sole discretion, Website.com may place advertisements or other commercial content on your website, emails or anywhere it deems fit.
Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through your account control panel. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.
If your hosting plan includes a free domain name, you will be required to pay a fee to reimburse Website.com for the domain name registration upon changing to another hosting plan or a billing term that does not include a free domain name. The amount of this fee will vary depending on the domain extension and on the registration term.
All Website.com web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.
All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. Website.com is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.
In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the 16th of the expiry month.
4. Website Builder
Website.com provides Subscribers with a non-exclusive, non-transferable, limited license to use the Website Builder. The Website Builder is developed and owned by Website.com, and any reproduction, modification, creation of derivative works from or redistribution of the Website Builder is expressly prohibited. The Website Builder, its structure, sequence, organization and source code are considered trade secrets of Website.com and are protected by trade secret laws.
Website.com does not claim ownership and is not responsible for any of the information, code, data, text, software, music, sounds, photographs, pictures, graphics, videos, messages, files or other materials (“User Content”) submitted using the Website Builder. Subscriber is entirely responsible for all User Content uploaded, posted, emailed or otherwise transmitted via the Website Builder.
You further acknowledge and agree that all User Content is non-transferable and non-transportable. Website.com will not assist any Subscribers with any reproduction, recovery, or distribution of any User Content. Upon service cancellation or termination for any reason, access to the Website Builder, including all User Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the Website Builder, will be removed by Website.com.
Website.com makes no representations or warranties, either expressed or implied, with respect to the images offered through the Website Builder (the “Images”).
In the event of a dispute regarding any Image obtained via the Website Builder, you hereby release Website.com, its officers, directors, owners, agents, and employees from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes. Website.com is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and any third party.
You may only use the Images on your website, while the website maintains an active service subscription with Website.com.
Website.com’s email service provides customers with the capability to send and receive email via the Internet. Website.com retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Subscribers and to protect our computer systems.
As an owner and operator of the equipment and other resources utilized to provide services, Website.com has the legal right to block electronic communications from other entities on the Internet.
Website.com relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Subscribers. You acknowledge that as part of your Website.com Service, advertisement sponsored email newsletters may be sent to Subscribers and Website.com email service email accounts.
11. Subscriber Responsibility
When you apply to use Website.com services, you will be asked to select a Subscriber ID and Password. The Subscriber ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Subscriber ID and Password you select from any unauthorized use. IN NO EVENT WILL WEBSITE.COM BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.
12. Prohibited Conduct
Website.com does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the Website.com network or promoting information on websites hosted by Website.com will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Canadian and US laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content, and behavior prohibited by the Service:
Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Website.com account will result in immediate account suspension.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Website.com service, solution or technology.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).
You agree that, unless other instructions are posted on Website.com’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Website.com posted on the Website.com website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Email newsletters will only be sent directly by Website.com. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by Website.com’s designated customer review software provider for customer experience and service feedback.
15. Reservation of Rights
Website.com reserves the right and sole discretion to:
Censor any website hosted on its servers that is deemed inappropriate.
Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Website.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that Website.com determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
16. Limitation of Liability
The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Website.com makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Website.com is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Website.com.
In no event will Website.com be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
Website.com, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall Website.com be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold Website.com, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Website.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
18. Force Majeure
Website.com will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
19. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
20. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
21. Age of Majority
Website.com does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
23. Entire Agreement
This Agreement, as may be updated from time to time and posted at http://www.website.com/terms-and-conditions/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.