WEBSPAWNER is an Internet-based online service provided by WEBSPAWNER LTD., subject to the terms and conditions of this customer agreement ("Agreement"). This Agreement constitutes the entire agreement between you as an authorized user of WEBSPAWNER SERVICES ("you" or "Customer"), AND WEBSPAWNER LTD. By using WEBSPAWNER, you confirm your acceptance of, and agree to be bound by, this Agreement.
1. Customer Information.
1.1 The name, address and payment information that you provide when you subscribe to WEBSPAWNER, together with information regarding the manner in which you use WEBSPAWNER and/or the Internet, will not be processed or disclosed by WEBSPAWNER LTD except as permitted by this Agreement.
2. WEBSPAWNER Usage.
You may create a web page subject to the terms of this Agreement, WEBSPAWNER policies, and applicable law. All webpages are subject to review, modification and deletion without notice by WEBSPAWNER or an authorized agent.
WEBSPAWNER reserves the right in its sole discretion to change WEBSPAWNER's policies at any time. WEBSPAWNER policies are reviewable at the Rules & Acceptable use section at the following WEBSPAWNER cite:
2.1 You are responsible for your communications via, and your use of, WEBSPAWNER. You may not, under any circumstances, do any of the following: (a) may not obtain paid advertising for your webpage; (b) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via WEBSPAWNER; (c) use WEBSPAWNER to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) send unsolicited mail (AKA spam) referencing any Universal Resource Locator ("URL") within the WEBSPAWNER domain (webspawner.com); (e) publish, post, distribute, or disseminate material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents; (f) operate a webpage with WEBSPAWNER without a valid e-mail address; (g) use WEBSPAWNER in a manner that adversely affects the availability of its resources to other Customers; (h) falsely purport to be a WEBSPAWNER employee or agent; or (i) cause repeated disruptive incidents (o) act, or fail to act, in your use of WEBSPAWNER, in a manner that is contrary to applicable law or regulation. In addition, WEBSPAWNER makes no guarantee as to the availability of service and is not liable in anyway for loss of service. WEBSPAWNER reserves the right to delete any page it deems unacceptable for any reason without prior verbal or written notice. Your failure to observe any of the foregoing limitations or obligations shall result in termination of your customership and may result in civil or criminal liability.
2.2 You agree to (a) maintain all equipment required for your access to and use of WEBSPAWNER; (b) maintain the security of your Customer identification, password and other confidential information relating to your WEBSPAWNER account; and (c) be responsible for all charges resulting from use of your WEBSPAWNER account, including unauthorized use prior to your notifying WEBSPAWNER of such use and taking steps to prevent its further occurrence by changing your password.
2.3 Either you or WEBSPAWNER may terminate your WEBSPAWNER customership at any time, with or without cause.
3. Operation. WEBSPAWNER reserves complete and sole discretion with respect to the operation of WEBSPAWNER.
4. Customer Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use WEBSPAWNER in accordance with this Agreement. You agree to be financially responsible for your use of WEBSPAWNER's services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
5. Content. WEBSPAWNER does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of WEBSPAWNER, other than information provided by authorized WEBSPAWNER spokespersons. Statements made in websites reflect only the views of their authors.
6.1 Custom domains may be used with Enhanced, Pro Business, or Ultimate Business website packages only. Free website accounts must use subdomain provided by Webspawner.
6.2 Domains registered as part of the free domain offer are registered in the customers name, but must be used with a Webspawner Pro Business or Ultimate Business website package during the free year period. Thereafter, the customer will assume domain fees and management and may use domain at their discretion.
7.1 Free custom website design is limited to 3 pages (more or less depending on page requirements).
7.2 There is a limit of 2 revisions on free custom website design.
7.3 Uploaded images will be resized to fit the website only. No advanced editing will be done.
7.4 Videos must be links to embedded players such as Youtube.
7.5 Logo design is not included but available for an extra fee.
8. No Warranties and Limitation of Liability.
8.1 WEBSPAWNER SERVICES ARE PROVIDED "AS IS," AND WEBSPAWNER LTD. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. WEBSPAWNER LTD. MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING CONTENT, GOODS OR SERVICES PROVIDED BY ANY MERCHANT, IAP OR CP. WEBSPAWNER LTD. DOES NOT WARRANT THAT ACCESS TO OR USE OF WEBSPAWNER WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT WEBSPAWNER SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WEBSPAWNER LTD. EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATABILITY, SECURITY OR ACCURACY.
8.2 YOUR USE OF WEBSPAWNER SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF WEBSPAWNER SERVICES. YOU AGREE THAT WEBSPAWNER LTD. AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR WEBSPAWNER LTD. (INCLUDING, WITHOUT LIMITATION, IAPS) WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE WEBSPAWNER SERVICES, OR THE ACTIONS OR INACTIONS OF ANY MERCHANT, CP OR IAP OR THE GOODS OR SERVICES THEY PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WEBSPAWNER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WEBSPAWNER LTD.'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF WEBSPAWNER, EXCLUSIVE OF PAYMENTS RELATING TO GOODS AND SERVICES PURCHASED FROM MERCHANTS, CPS OR IAPS. YOU HEREBY RELEASE WEBSPAWNER LTD. FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
9.1 You agree to pay all charges (including, without limitation, the WEBSPAWNER customer fees) for your use of WEBSPAWNER at the prices then in effect for your country of residence. WEBSPAWNER customer fees, if applicable, will be subject to VAT, sales or other taxes as appropriate. WEBSPAWNER reserves the right to change prices or institute new charges for access to or use of WEBSPAWNER at any time upon not less than thirty (30) days' notice to Customers. All changes will be posted online, and you are responsible for reviewing pricing information posted on WEBSPAWNER regularly to obtain timely notice of such changes. Continued use of WEBSPAWNER or non-termination of your customership after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Charges are to be paid on a monthly or annual basis in the currency in which billed. If the payment method for your WEBSPAWNER account is by credit or debit card and payment is not received by WEBSPAWNER from the card issuer or its agents, you agree to pay all amounts due upon demand by WEBSPAWNER. Your card issuer's agreement governs your use of your designated card in connection with WEBSPAWNER, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that WEBSPAWNER may (at its option) accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that WEBSPAWNER may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
You must promptly notify WEBSPAWNER of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of any other person whom you have authorized to use your WEBSPAWNER account. You must also promptly notify WEBSPAWNER if your card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Customer identification, user name or password.
10. Statements and Payment.
10.1 WEBSPAWNER will provide you with an online statement of charges on your WEBSPAWNER account as and when such charges are incurred and/or paid: however, any failure of WEBSPAWNER to provide you with and online statement does not affect your responsibility to pay any incurred charges.
10.2 WEBSPAWNER reserves the right to suspend or terminate your WEBSPAWNER customership without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to WEBSPAWNER when WEBSPAWNER believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to WEBSPAWNER. You agree to pay a late charge on all amounts due but not timely paid and which remain unpaid for thirty (30) days after being billed. The late charge will equal one and one-half percent (1 1/2%) of the past due amount per month until paid or, if such rate is in excess of the allowable rate, the maximum rate allowed by law. WEBSPAWNER reserves the right to refer your WEBSPAWNER account to a third party for collection in the event of ongoing default.
11. Assignment; Household Use; Minors. Your WEBSPAWNER customership is personal. Subject only to this Section 11, you agree not to assign, transfer or sublicense your rights as a Customer. You may allow other customers of your household to use your WEBSPAWNER account, provided that you hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage.
12. Indemnification. You agree to indemnify WEBSPAWNER from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your WEBSPAWNER account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Customers and infringement of intellectual property or other rights. WEBSPAWNER will notify you promptly of any claim for which WEBSPAWNER seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to WEBSPAWNER's interests, as reasonably determined by WEBSPAWNER.
13. Notices; Consent. Notices given by WEBSPAWNER to you will be given by your posted Email address, or by a general posting on WEBSPAWNER, or by conventional mail. In any matter requiring WEBSPAWNER's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of WEBSPAWNER. Notices given by you to WEBSPAWNER must be given by Email addressed as follows: firstname.lastname@example.org, or by conventional mail. Notices to WEBSPAWNER by conventional mail must be sent to:
P.O. Box 1225
West Plains, MO 65775
12. Effective Date; Changes to Terms. This Agreement takes effect on the date on which you first use WEBSPAWNER and continues until your WEBSPAWNER customership is terminated either by you or by WEBSPAWNER. WEBSPAWNER RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF WEBSPAWNER AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
This Agreement is governed by the laws of the State of Washington, USA, and you consent to the exclusive jurisdiction and venue of courts in King County, Washington in all disputes arising out of or relating to your use of WEBSPAWNER or your WEBSPAWNER customership.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and WEBSPAWNER as a result of your use of WEBSPAWNER customership. You agree not to hold yourself out as a representative, agent or employee of WEBSPAWNER LTD., and that WEBSPAWNER will be liable by reason of any representation, act or omission to act by you.
WEBSPAWNER's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of WEBSPAWNER's right to comply with law enforcement requests or requirements relating to a Customer's use of WEBSPAWNER.
14. This Agreement constitutes the entire agreement between WEBSPAWNER and you with respect to your use of WEBSPAWNER and your WEBSPAWNER customership, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between WEBSPAWNER LTD. and you with respect thereto.