Terms & Conditions.
Terms of Service.
Webydo provides you with access to its website and Services (as defined below) allowing you to create, design, and manage professional HTML websites without writing code.
ACCEPTANCE OF TERMS OF SERVICE.
As a precondition and requirement to use the Services available via Webydo.com, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms").
These Terms are effective immediately between the Subscriber and Webydo Inc., its subsidiaries, and affiliates ("Webydo "). Each Subscriber is subject to these Terms, and by using Webydo's services, network, and/or systems as more accurately described in Webydo’s websites (collectively the "Services"), the Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms.
Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Webydo.
Further, Subscriber represents and warrants all information provided by Subscriber to Webydo has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Webydo in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.Although subscribers of paid services that may be offered by Webydo must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
Webydo intends to provide the best possible website design, creation and management service to each of its Subscribers. Due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Webydo reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. Subscribers may view the most current version of these Terms at www.Webydo.com. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Webydo.com website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.
Subscriber hereby acknowledges and agrees that Subscriber's use of its domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN").
These Terms do not give Subscriber any rights in Webydo intellectual property or technology. Webydo and related trademarks and logos are the exclusive property of Webydo. Webydo and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Webydo from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business. User License. Subject to the terms and conditions of this Agreement, Webydo hereby grants Subscriber a non-exclusive license, without rights to sublicense, to access and use the Services solely for the purpose of creating, designing, and managing professional HTML websites to End Users subject to and in accordance with these Terms. Subscriber is allowed to grant End Users the right to access the websites created using the Services and the materials contained therein.
Proprietary Third Party Content. Webydo may provide to the users content which is subject to proprietary rights of third parties such as images, fonts, graphical items, audio files, images, etc. (the "Proprietary Third Party Content"). You hereby acknowledge and agree that Webydo shall have the right at is sole and exclusive discretion and at any time, to: (a) remove and/or disable such Proprietary Third Party Content; and (b) demand that you immediately remove such Proprietary Third Party Content from your web sites created or published using the Services. Failing to obey to such remove/disable instructions, within no later than 24 hours from Webydo's notice, Webydo shall have the right to disable and/or delete such Proprietary Third Party Content from the User's web platform. In such case, you hereby agree and understand that Webydo shall not have any liability and that you or any of your behalf shall not be entitled to any reimbursement or indemnification.
Third-Party Content Restrictions. (a) any duplication, distribution, modification, sublicensing, reproduction, transferring, creating of derivative works from, selling or other use of the Third Party Content, except as specifically provided and allowed by Webydo is forbidden (b) any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content is forbidden.
License to Webydo. Webydo claims no ownership interest in the content of Subscriber's website (s). By submitting content and data to Webydo, Subscriber grants to Webydo, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Webydo's servers and Services during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services.
SECURITY AND OWNERSHIP.
Site Security and Updates. Webydo uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Webydo of any unauthorized uses of the Service or any other breaches of security. It is exclusively Subscriber’s responsibility to update and secure any programs or scripts. Subscriber's failure to update and secure any programs or scripts may result in Webydo either updating the programs and scripts or suspending your account services until they are updated. Webydo will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with any of the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services, or due to any updates performed by Webydo pursuant to the terms of this section.
Ownership. Webydo is not responsible to determine ownership of websites or accounts opened with Webydo or its affiliates. By accessing Webydo's Inc, registering, or using any of the services provided by Webydo, the Subscriber, or any other person so accessing, registering, or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, or website created, hosted by Webydo or any of its affiliates are subject to the terms and conditions of these Terms.
Webydo will have the right, but not the obligation, to automatically renew the applicable Service(s) of each Subscriber for a renewal period that will equal the duration of the then-current subscription period for such Service.
When such automatic renewal occurs, Webydo will automatically charge the Subscriber the applicable fees by using the means of payment that have already been provided to Webydo by such Subscriber.
This automatic renewal mechanism may (but not necessarily will) be implemented by Webydo, in its sole discretion, except where expressly stated otherwise in these Terms and except where termination notice has been duly and timely provided by Subscriber with respect to the Service in question Webydo (at email@example.com).
As an illustration only, if the original subscription period for a Service is 12 months, then absent any termination notice that has been duly and timely provided by Subscriber with respect to the Service in question Webydo (at firstname.lastname@example.org), the subscription period will be automatically renewed for additional 12 months, and so forth, and Subscriber will be automatically charged in the above fashion.
In order to ensure continued provision of the applicable Service, Webydo shall have the right, but not the obligation, to charge Subscriber for the imminent renewal period up to 2 weeks before such renewal period starts.
In the event of failure to collect the fees owed by Subscriber, Webydo shall have the right, but not the obligation, to retry to collect these fees subsequently and/or suspend or cancel Subscriber's user account, with no further notice required.
Notwithstanding anything to the contrary in these Terms, the sole responsibility to ensure and maintain successful renewal of the Services solely lies with Subscriber. Consequently, the Subscriber alone shall be responsible with respect to any discontinuation of any Services for any reason whatsoever.
Subscriber further waives and releases Webydo from any claims against Webydo in connection with the discontinuation of any Services or any third party Services, for whatever reason.
In the event Subscriber has purchased services from third parties relating to the Services, such services may not be applicable once the Services are terminated or discontinued. Further, Subscriber must be aware that in the event Subscriber has purchased such services directly from a third-party service provider its Subscriber's sole responsibility to notify such third-party service provider of termination or discontinuation of said services and any payment in connection with said services shall be in Subscriber's sole responsibility.
Subscriber may request to terminate his, her or its user account and/or any Services at any time by providing a termination notice to Webydo (at email@example.com). Such termination shall take effect on the date and time on which Subscriber has completed the termination process on the Services by receiving a confirmation email from Webydo.
However, in order to avoid the next automatic renewal and respective charge, the termination request should be made at least 30 days prior to the expiration of the then-current subscription period.